What are the differences between the decision making processes in the RMA and the LGA?
The RMA has a codified submissions and hearings process, where the Act sets out the process and timeframes to be following, the manner in which hearings must be conducted, and the matters that must be taken into account in making decisions. This quasi judicial process allows for RMA decisions to be challenged on policy grounds to the Environment Court (EC). Any submitter or further submitter can also be a ‘party to proceedings’ in the EC. RMA decisions can also be challenged in the High Court on points of law and process. For example, decisions relating to whether resource consent applications should, or shouldn’t be notified. The LGA does not codify the way consultation and decision making is undertaken by LAs. Each LA must however ensure that its decision making processes ‘promote compliance’ with sections 76-82. The effect of this is that a LA’s decision-making processes must: involve consideration of all reasonably practical options; involve consideration of the views of persons li
Related Questions
- What regard must be given to the decision-making and consultation principles under the LGA when following specified processes in the RMA?
- What are the differences between the decision making processes in the RMA and the LGA?
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