Nelson City Council

F1

Section 8(1)

To provide for a representative on the Waimea Rural Fire District Committee

Manager Parks and Facilities

F2

To exercise duty and powers to control fires

Warranted Rural Fire Officer

RA1

Part 5 Section 93

To exercise powers to interfere to prevent any actual or attempted breach of the Reserves Act 1977 and to require disclosure of name and place of abode

Warranted Ranger or employee of the administering authority

BA1

Section 34

Project information memoranda

Authority to issue project information memoranda

Senior Building Consents Officer

Building Consent Officer Building Consent Administrator Property Information Officer

BA

1a

Section 48(1)

Processing application for building consent

Receiving Building Consent applications that comply with Section 45

Team Leader Building Consents Senior Building Consents Officer Building Consent Officer

BA2

Sections 49 and 50 inclusive

Grant or refuse to grant building consent applications

Authority to grant or refuse to grant building consent applications

Manager Building

Team Leader Building Consents Senior Building Consents Officer Building Consent Officer Amendment Officer

BA3

Section 51

Issue building consent applications

Authority to issue consents

Team Leader Building Consents Building Consent Officer Building Consent Administrator

BA4

Sections 67 – 68 inclusive

Territorial authority may grant building consent subject to waivers or modifications of building code

Manager Building

Team Leader Building Consents

Team Leader Building Inspection

Senior Building Inspector

Senior Building Consents Officer

Building Inspector

Building Consent Officer

BA5

Section 90

Inspections by building consent authorities

Authority to inspect as a BCA Officer

Manager Building

Team Leader Building Inspection

Senior Building Inspector

Building Inspector

BA6

Sections 91, 93 – 95A inclusive and

436

Code Compliance Certificates

To approve or refuse the issue of a Code

Compliance Certificate

Manager Building

Team Leader Building Inspections

Senior Building Inspector

Building Inspector

BA7

Sections 42, 96 – 99A inclusive

Certificate of Acceptance

Territorial authority may grant or refuse to grant a certificate of acceptance in certain circumstances

Manager Building

Team Leader Building Consents

Senior Building Consents Officer

BA8

Sections 71 - 74 inclusive

Title of land endorsed by District

Land Registrar

To approve the issue of a building consent subject to the title to the land being so endorsed by the District Land Registrar

Manager Building

Team Leader Building Consents

BA9

Sections 75 – 83 inclusive

To approve the issue of building consents subject to the titles to the land being appropriately endorsed

EM Regulatory

Manager Building

Team Leader Building Consents

BA

10

Sections 102 – 104, 106 and 107 inclusive

Authority to issue a Compliance Schedule

Manager Building

Team Leader Building Inspections

Senior Building Inspector

Building Compliance Officer

BA

11

Sections 124 - 130 inclusive

To issue a notice in respect of dangerous, earthquake prone or unsanitary buildings

CE

EM Regulatory

Manager Building

Team Leader Building Inspections

BA

12

Sections 163-167 inclusive

To issue a notice to fix

Manager Building

Team Leader Building Inspections

Senior Building Inspector

Building Compliance Officer

Enforcement Officer

BA

13

Section 222

Inspections by Territorial Authority

Manager Building

Team Leader Building Inspections

Senior Building Inspector

Building Inspector

Building Compliance Officer

Pool Compliance Officer

BA

14

Sections 229 – 230 inclusive

To issue infringement notices

Manager Building

Team Leader Building Inspections

Senior Building Inspector

Building Compliance Officer

Pool Compliance Officer

Enforcement Officer

BA

15

Sections 362A - 363C inclusive

Protecting safety of members of public using premises open to public or intended for public use

Manager Building

Team Leader Building Inspections

Senior Building Inspector

Building Compliance Officer

BA

16

Sections 371 – 374 inclusive

Building (Infringement Offences, Fees, and Forms) Regulations 2007

Serving of infringement notice

Manager Building

Team Leader Building Inspections

Senior Building Inspector

Building Compliance Officer

Pool Compliance Officer

Enforcement Officer

WH

1

Authority to represent the Council at any proceeding of the Weathertight Homes Resolution Services Tribunal, and to agree to settlements on behalf of Nelson City Council

Manager Building in consultation with solicitor acting for the Council

HR

1

Section 5

To approve registration of premises

Warranted Officers

EM Regulatory

HA

1

Sections 23 and 28

Appointment of Environmental Health Officers (or Contractor to carry out such role)

CE

HA

2

Section 41

Power to require owner or occupier to cleanse premises

EM Regulatory

Manager Resource Consents

Manager Building

Environmental Health Officer

HA

3

Section 42

Power to require repairs and issue closing order

EM Regulatory

Manager Resource Consents

Manager Building

Environmental Health Officer

LGA

1

Section 171

General Power of Entry

To any land or building other than a dwelling house

EM Regulatory

Enforcement Officers appointed under the Act

LGA

2

Section 172

Power of entry for enforcement purposes

Enforcement Officers under the Act

LGA

3

Section 173

Power of entry in cases of emergency

Delegated to Enforcement Officers under the Act accompanied where practicable by a member of the New Zealand Police.

LGA

4

Section 177

Appointment of Enforcement Officer

CE

LGA

5

Section 178

Enforcement officers may require certain information

Enforcement Officers under the Act

LGA

6

Section 201 (1)

Reduction or remission of development contributions

CE

EM Strategy and Planning

EM Regulatory

HS1

Section 97

Enforcement of the Act

Enforcement Officers under the Act

HS2

Section 100

Appointment of enforcement officers or

Contractor to carry out such function

CE

HS3

Section 12

Powers, functions, and duties of enforcement officers

Enforcement Officers under the Act

HS4

Section 82, 82A, 82B and 82C Pyrotechnic Test Certificates To issue a test certificate for a

pyrotechnic event

EM Network Services

Manager Parks and Facilities

HS5

Section 103

Powers of entry for inspection by enforcement officer

Enforcement Officers under the Act

HS6

Section 104

Power of enforcement officer to issue a compliance order

Enforcement Officers under the Act

HS7

Section 136

Power of enforcement officer to declare an (hazardous substance or new organisms) emergency

Enforcement Officers under the Act

HS8

Section 137

Emergency powers

Enforcement Officers under the Act

MT1

Section 36

To approve Pilotage Exemption

Certificates

EM Regulatory

Harbourmaster

LG1

Section 650C

To exercise the responsibilities of a

Harbourmaster

Harbourmaster

Assistant Harbourmaster

LG2

Section 650B

Appointment of Supervising Officers and

Honorary Launch Wardens

EM Regulatory

AD1

Appointment of Inspector

CE

AD2

Section 8

Registration of amusement device by inspector

Inspector

EM Regulatory

Manager Resource Consents

Team Leader Resource Consents

Manager Building

Team Leader Building Consents

Team Leader Building Inspections

Manager Parking

AD3

Section 11

Issue of local authority permit and, where appropriate, acceptance of site inspection by engineer or other competent person

Inspector

EM Regulatory

Manager Resource Consents

Team Leader Resource Consents

Manager Building

Team Leader Building Consents

Team Leader Building Inspections

Manager Parking

AD4

Section 23

Power of entry

Inspector

EM Regulatory

Manager Resource Consents

Team Leader Resource Consents

Manager Building

Team Leader Building Consents

Team Leader Building Inspections

Manager Parking

NC

1

Section 38

Appointment of Enforcement Officers

CE

LA1

Section 5

Appointment of Litter Control Officer

CE

LA2

Section 8

Appointment of Litter Warden

CE

LA3

Section 7

(General) Powers and duties of Litter

Control Officers

Litter Control Officer

LA4

Section 10

Territorial Authority, or Litter Control

Officer, may require occupier of private land to clear litter

EM Regulatory

Manager Resource Consents

Team Leader Resource Consents

Manager Building

Team Leader Building Consents

Team Leader Building Inspections

Manager Parking

Litter Control Officer

LA5

Section 14

Power of Litter Control Officer to issue infringement notice

Litter Control Officer

MTA

1

Section 318

To exercise the responsibilities of a

Regional On-Scene Commander

Note: these appointments have been made by the Director Maritime Safety Authority in consultation with the Nelson City Council and are personal to

the delegate.  They do not relate to an officer position and are repeated here for sake of completeness

Stephen James Lawrence

John Brent Higgins

FSP

1

Section 11

Power of entry on land

Warranted Officers

Manager Resource Consents

Team Leader Resource Consents

Manager Building

Team Leader Building Consents

Team Leader Building Inspections

Manager Parking

Senior Building Consents Officer

Senior Building Inspector

Building Inspector

Building Consent Officer

Building Compliance Officer

Quality Assurance Co-ordinator

Enforcement Officers under the Act

DC1

Sections 2, 6, 7, 10, 10AA, and 10A and 20

  Interpretation of Working Dog

  Ability to work with other organisations, make grants and provide dog control

  Power to appoint joint committees Duty to adopt policy on dogs Review of dog policy and report on

dog control policy and practices

  Make Dog Control Bylaws

Not Delegated

DC2

Sections 11 and 12

Appointment of Dog Control Officers and

Dog Rangers

CE

DC3

Sections 14 20, 21, 23A, 25, 31, 33A

Power to:

    classify any person as a probationary owner

require dog owner education disqualify any person from being the

owner of any dog

    classify any dog as a dangerous dog or menacing due to behaviour

EM Regulatory

Manager Resource Consents

Dog Control Officers

DC4

Sections 15 22, 26, 33B and 33D

Hearing of objection to:

  classification as Probationary Owner disqualification

menacing classification due to behaviour; and menacing classification due to breed or type

Hearings Panel

Hearings Commissioners

DC5

Sections 19 30, 32(1)(f), 33, 33C,

35, 35A, 35AB, 36(5), 36A, 39, 40,

46, 48, 49

  Maintenance of records and provision of information

  Power to consent to the disposal of a dangerous dog

  Notification of menacing dog by breed or type

  Disclosure of register information and

National Dog Database information

Registration and supply of information

Microchip implantation/verification certificate

EM Regulatory

Manager Resource Consents

Dog Control Officers

Dog Control Administration Officers

DC6

Sections 37 and 38

Power to set fees

Not Delegated

DC7

Sections 39 and 40

Power to issue refunds or reduce fees

Power to require a written statement that a dog is a working dog of a specified class and to require production of a certificate that a dog has been neutered

EM Regulatory

Manager Resource Consents

Dog Control Officers

Dog Control Administration Officers

DC8

Sections 42, 46, 48, 49

Power to seize unregistered dog, issue of registration label or disc, and recording changes of ownership

EM Regulatory

Manager Resource Consents

Dog Control Officers

Dog Control Administration Officers

DC9

Section 50

Power to seize and impound dog not wearing current registration label or disc

Dog Control Officer

DC

10

Section 52

Power to seize/impound dog not under control

Dog Control Officer

DC

11

Section 52A

Seize/impound dog on owners property

Power to seize/impound dog on owners property if dog not under direct control of a person or not confined in such a

manner that it cannot leave the premises

Dog Control Officer

DC

12

Section 55/56

Barking dogs

Power to deal with objections to barking dog notice

EM Regulatory

Manager Resource Consents

DC

13

Section 55/56

Dog attack

Power to seize/take custody of/destroy a dog for the purposes of stopping a dog attack on persons or animals

Dog Control Officer

DC

14

Section 57A

Power to seize/take custody of a dog rushing at persons, animals or vehicles

Dog Control Officer

DC

15

Section 59

Dog at large (protected wildlife)

Power of seizure and destruction of dog at large in vicinity of protected wildlife

Dog Control Officer

DC

16

Section 60

Dog at large (stock or poultry)

Power to seize or destroy dog running at large among stock or poultry

Dog Control Officer

DC

17

Section 64

Power to enter land

Power to enter land (except dwelling/house) to remove dog under Court Order for destruction

Dog Control Officer

DC

18

Section 64(3)

Power to enter dwelling/house

Power to enter dwelling/house accompanied by a constable, to remove dog under Court Order for destruction

Dog Control Officer

DC

19

Sections 64, 66

Receipt of confirmation of destruction of dog

Commence proceedings in accordance with Section 21 of the Summary Proceedings Act 1957 where an infringement notice has been issued

EM Regulatory

Manager Resource Consents

Dog Control Officers

Dog Control Administration Officers

DC

20

Section 67

Custody of dogs

EM Regulatory

Manager Resource Consents

Dog Control Officers

Pound Keepers

DC

21

Section 68

Pound Fees Setting

Not Delegated

DC

22

Sections 69, 70, 71, 71A

Power to dispose of any dog

Custody of dog removed for barking and decision whether or not to return dog to owner

Power to authorise retention of a dangerous dog

EM Regulatory

Manager Resource Consents

Manager Environmental Inspections Ltd

IA1

Section 8

Appointment of pound keeper

EM Regulatory

IA2

Section 9

Appointment of deputy pound keeper

EM Regulatory

ET1

Consent for the registration of instruments and authority for electronic e-dealing & registration of instruments.

EM Regulatory

Manager Resource Consents

Team Leader Resource Consents

Manager Building

Team Leader Building Consents

Team Leader Building Inspections

Manager Parking

TA1

Transport Act 1962 Section 68BA Prosecutions

To institute and prosecute proceedings in respect of any offence enforceable by Parking Wardens

EM Regulatory

Manager Parking

Parking Wardens

TA2

Transport Act 1962 Schedule 2A Waive proceedings

To waive proceedings in respect of an offence listed in schedule 2A of the Transport Act 1962 where:

  The warrant of fitness or vehicle licence label has been expired less than one month prior to the issue of the offence notice, and documentary evidence is produced within 14 working days of the notice being issued showing that renewal has been effected, or an exemption has been obtained from LTSA and the vehicle has subsequently been removed from the road

  Where the offence relates to registration plates documentary evidence is provided within 14 days of the issue of the notice that replacement plates have been attached to the vehicle

  Where the offence relates to worn or damaged or smooth tyres documentary evidence is provided within seven days to show that new tyres were on order or that punctures on road legal tyres were being repaired at the time of the offence

CE (has the power to appoint appropriate independent people as required)

P1

Local Government Act 1974 Section

356

Abandoned vehicles

Removal of abandoned vehicles from roads.

EM Regulatory

Manager Parking

Parking Wardens

P2

Court withdrawal

To approve Court withdrawal.

EM Regulatory

Manager Parking

P3

Waive proceedings

To waive proceedings in respect of parking offences where:

  Documentary evidence is produced or available to show that no offence has been committed or the notice was the result of a fault in a single bay metere or pay and display metere, where coins were accepted but the meter did not issue a parking permit and this has been confirmed by Power Tech.

  It is considered appropriate following a review of the issue of the offence notice by a Justice of the Peace.

EM Regulatory

Manager Parking

Duties, responsibilities, functions, powers

RMA

1

In the absence of any specific delegation, the general power to consider, approve and issue (whether subject to conditions or not) all non-contested applications for consents,  licences,  certificates,  permits, or other approvals, and to grant minor dispensations and waivers relating to all Acts, Regulations and bylaws, relating to the Council‘s regulatory functions

Manager Resource Consents

Team Leader Resource Consents

RMA

2

Section 10

Certain existing uses in relation to land protected

Power to administer the determination of existing uses to grant extension to the period of discontinuance

Manager Resource Consents

Team Leader Resource Consents

RMA

3

Section 20A

Certain     existing     lawful     activities allowed

Power to evaluate effects of activity and period of discontinuance

Manager Resource Consents

Team Leader Resource Consents

RMA

4

Section 32

Consideration of alternatives, benefits and costs

Senior Planner

Planner

Principal Adviser

Planning Adviser

RMA

5A

Section 34A

Delegation of powers and functions to employees and other persons

To appoint an independent Commissioner or panel of independent Commissioners when an application is one in which the Council is, or is perceived to be, an interested party, or where there is other good reason to do so, such functions, powers or duties as may be delegated

EM Regulatory and EM Strategy and Planning (or in his/her absence Acting EM or the CE)

Manager Resource Consents

Team Leader Resource Consents

Manager Policy and Planning

Manager Strategic Response

Principal Advisor Resource Management Planning

5B

Appoint  to  the  Hearings  Panel  one  or more extra Commissioners who, because of their technical experience or training, can assist the panel to consider and determine any particular application

EM Regulatory and EM Strategy and Planning (or in his/her absence Acting EM or the CE)

Manager Resource Consents

Team Leader Resource Consents

Manager Policy and Planning

Manager Strategic Response

Principal Advisor Resource Management Planning

RMA

6

Section 34A

Delegation of powers and functions to employees and other persons

To delegate to an employee, or hearings commissioner appointed by the local authority (who may or may not be a member of the local authority), such functions, powers or duties as may be delegated

CE (on recommendation of EM Regulatory or EM Strategy and Planning)

RMA

7

Section 36(3) Administrative Charges

Imposing  additional  charges  within  the policies set by Council

Manager Resource Consents

Team Leader Resource Consents

Consents Administrator

RMA

8

Section 36(7) Administrative Charges

Power to not commence or continue processing resource consent applications if insufficient money has been paid as required by Council‘s Fees and Charges policy

Note: When using this provision the application effectively  remains  "on hold"  until the  correct payment is made.

Senior Planner

Planner

Principal Adviser

Planning Adviser

Consents Administrator

RMA

9

Section 37 and 37A

Power of waiver and extension of time limits

For non-notified consents: Manager Resource Consents Team Leader Resource Consents Senior Planner

For notified consents up to close of submissions:

Manager Resource Consents Team Leader Resource Consents Senior Planner

Hearings Panel or any duly appointed Hearings Commissioner(s) or  the chair for any matter prior to commencement of hearing for notified consents following close of submissions.

RMA

10

Section 38

Authorisation and responsibilities of enforcement officers

To authorise officers to carry out all or any of the functions and powers as Enforcement Officer under the Resource Management Act 1991

To authorise the holders of a security guard‘s licence or a certificate of approval issued under the Private Investigators and Security Guards Act 1974 to exercise or to carry out all or any of the functions and powers of an Enforcement Officer under s.327 relating to excessive noise

CE

RMA

11

Section 40

Persons who may be heard at a hearing

Hearings Panel or any duly appointed Hearings Commissioner(s) or  the chair for any matter prior to commencement of hearing.

RMA

12

Sections 41, 41A, 41B, 41C

Provisions relating to hearings

Hearings Panel or any duly appointed Hearings Commissioner(s) or  the chair for any matter prior to commencement of hearing.

RMA

13

Section 42

Protection of sensitive information

Response to requests to protect sensitive information (e.g. tikanga Maori; commercial sensitivity)

To make an order pursuant to s.42 prohibiting or restricting publication or communication

Manager Resource Consents

Team Leader Resource Consents

Manager Policy and Planning

Manager Strategic Response

Manager Monitoring and Research

RMA

14

Section 42A

Reports to local authority

Powers in relation to requiring or commissioning a report on information provided on any matter described in section 39(1)

Manager Resource Consents

Team Leader Resource Consents

Manager Policy and Planning

Manager Strategic Response

Manager Monitoring and Research

Standards, policy statements, plans

RMA

15

Section 87

Request for application to go directly to Environment Court

Power to grant or decline requests for applications to be determined by the Environment Court instead of the Consent Authority

Resource Management Act Procedures Committee

RMA

16

Providing  a  report  on  applications that are to be determined by the Environment Court

Senior Planner

Planner

Principal Adviser

Planning Adviser

RMA

17

Section 88D

Incomplete resource consent

Determination  that  a  resource  consent application is incomplete

Senior Planner

RMA

18

Section 91

Deferral of processing of resource consent pending  application  for  additional consents

Senior Planner

RMA

19A

RMA

19B

Section 92

Further information may be required

To require any applicant for resource consent to provide further information relating to the application and power to set a time limit for further information where the applicant agrees to it

To commission a report on any matters raised in relation to the application

Senior Planner

Manager Resource Consents

Team Leader Resource Consents

RMA

20

Sections 95A, 95B, 95C

Decisions on public notification, limited notification and notification after request for further information

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

21

Section 95D, 95E, 95F

Adverse Effects, Affected Persons

Decision as to whether the activity will have, or is likely to have, or effects on the environment that  are  more  than  minor and if there are any affected persons or affected customary order holders

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

22

Public display of application notices

(RMA Regulations)

Land Information Officer

Consents Administrator

Property Information Officer

RMA

23

Section 96

Making      submission      on      resource consent

Decision to lodge submission to resource consent in another jurisdiction

Resource Management Act Procedures  Committee

RMA

24

Section 98

Advice of submissions to applicant

A list of submissions received by Council is to be supplied to the applicant

Land Information Officer

Consents Administrator

Property Information Officer

RMA

25

Section 99

Pre-hearing meetings

Appointment of persons to meet with parties to applications and to decide on subjects of such meetings for report to the appropriate Hearings Panel or Commissioner

Manager Resource Consents

Team Leader Resource Consents

RMA

26

Section 100

Obligation to hold a hearing

Decisions as to necessity for hearings where applicants or persons who have made  submissions  do  not  wish  to  be heard

Manager Resource Consents

Team Leader Resource Consents

Manager Policy and Planning

Manager Strategic Response

Manager Monitoring and Research

RMA

27

Section 101

Hearing date and notice

To  set  a  hearing  date  and  inform  all parties

Land Information Officer

Consents Administrator

Property Information Officer

RMA

28

Section 102

Joint    hearings     by    two    or    more consent authorities

Decision to  waive the  need  for  a  joint hearing by agreement with the applicant

Manager Resource Consents

Team Leader Resource Consents

Manager Policy and Planning

Manager Strategic Response

Manager Monitoring and Research

RMA

29

Section 103

Combined hearings in respect of two or more applications

Decision to waive the need for a combined hearing by agreement with the applicant

Manager Resource Consents

Team Leader Resource Consents

Manager Policy and Planning

Manager Strategic Response

Manager Monitoring and Research

RMA

30

Section 104A

Determination of applications for controlled activities

Granting consent and imposing conditions for those matters over which control is reserved in an NES or in the Plan or proposed Plan

Not grant consent (insufficient information to determine it is a Controlled Activity) section 104A(a)

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

EM Regulatory (or in his/her absence Acting EM or the CE)

RMA

31

Section 104B

Determination of application for discretionary and non-complying activities

Granting consent and imposing conditions

Refuse consent

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

EM Regulatory (or in his/her absence Acting EM or the CE)

RMA

32

Section 104C

Determination of applications for restricted discretionary activity

Granting consent and imposing conditions only for those matters to which discretion has been restricted in an NES or the Plan or Proposed Plan.

Decline consent

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

EM Regulatory (or in his/her absence Acting EM or the CE)

RMA

33

Section 104D

Particular   restrictions    on    grant   of consent for non-complying activities

Granting consent

Refusal of consent

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

EM Regulatory (or in his/her absence the Acting EM or the CE)

RMA

34

Section 104F

Implementation of national environmental standards

Granting consent to a discharge permit or coastal permit in relation to greenhouse gases

Decline consent

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

EM Regulatory (or in his/her absence the Acting EM or the CE)

RMA

35

Section 105

Matters    relevant     to     a    discharge permit, coastal permit, or reclamation

Granting consent and imposing conditions

Decline consent

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

EM Regulatory (or in his/her absence the Acting EM or the CE)

RMA

36

Section 106

Subdivision consent

Grant consent and imposing conditions

Refuse to grant consent

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

EM Regulatory (or in his/her absence the Acting EM or the CE)

RMA

37

Section 107

Restriction on grant of certain discharge permits or coastal permits

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

38

Section 107E

Decision on application to undertake non-aquaculture activity in aquaculture management area

Restriction on grant of consent

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

39

Section 108

Conditions of resource consent

Inclusion     of    conditions     (s.220    for subdivisions)

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

40

Section 108A

Requiring bonds

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

41

Section 109(3)

Special provisions in respect of bonds or covenants

The power to decide whether any work the subject of a Bond or Covenant is completed satisfactorily

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

42

Section 110

Refunds where activity does not proceed

Manager Resource Consents

Team Leader Resource Consents

RMA

43

Section 114

Notification of decisions

Land Information Officer

Consents Administrator

Property Information Officer

RMA

44

Section 120

Right to Appeal

Decision to appeal decision of a consent authority (other than Nelson City Council)

Resource Management Act Procedures Committee

RMA

45

Section 124

Exercise of resource consent while applying for new resource consent

To allow holder of existing resource consent that is due to expire to continue to  operate until  the  application for  the new consent is determined

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

46

Section 125

Lapsing of consent

To determine whether consent period should be extended and for how long

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

47

Section 126

Cancellation of consent

This applies where a consent is not exercised for a continuous period of five years

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

48

Section 127

Change    or    cancellation     of    consent condition on application by consent holder

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

49

Section 128

Circumstances  when  consent  conditions can be reviewed

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

50

Section 129

Notice of review

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

51

Section 130

Public    notification,    submissions,    and hearings etc

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

52

Section 131

Matters to be considered in review

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

53

Section 132

Decisions on review of consent conditions

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

54

Section 133A

Minor correction of resource consents

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

55

Section 136(2)

Transferability of water permits

To authorise transfer of a whole or part of a holder‘s interest in a water permit other than for damming or diverting water

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

56

Section 137(5)

Transferability of discharge permits

To authorise the transfer of part or all of the holder‘s interest in the permit, and for all or part of the remaining period of the permit

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

57

Section 138(2) Surrender of consent

To refuse to accept the surrender of part of  a  resource  consent  where  that  part may compromise the integrity or implementation of the consent or lead to an adverse effect on the environment

Manager Resource Consents

Team Leader Resource Consents

RMA

58

Section 138A

Special provisions relating to coastal permits for dumping and incineration

Determination of application

Manager Resource Consents

Team Leader Resource Consents

RMA

59

Section 139

Certificate of compliance

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

60

Section 139A

Existing Use Certificates

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

61

Section 142-149, 149E, 149F, 149I,

149K, 149M, 149Q, 149V

Consent authority’s obligations (as to proposals of national significance)

Power to request that the Minister make a direction that a matter is or is part of a proposal of national significance, to provide views to the Minister, make a submission to the EPA, provide the Minister with suggestions for members of a Board of Inquiry, provide comments to a Board of Inquiry on a draft report

Resource Management Procedures Committee

RMA

62

Section 149G

EPA may commission a report

Provision of report

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

63

Section 149ZD

Costs   of   processes   recoverable   from applicant

Manager Resource Consents

Team Leader Resource Consents

Consents Administrator

RMA

64

Section 159  (RMA Act  2009 Part  2

Transitional Provisions)

Lapsing of consents on hold for further information

Power to lapse consents for applications lodged prior to RMA 2005 where applicant does not comply with the s92(1) further information request by 1 October 2010

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

Designations, heritage orders

RMA

65

Section 168A

Notice of requirement for a public work

Powers to issue and decide whether to notify a notice of requirement for a designation

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

66

Section 169

Further information, public notification, submissions, and hearing

To process a Notice of Requirement

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

67

Section 171(2)

Recommendation to requiring authority

Power to make recommendations to the requiring authority including reasons, no hearing required

Power to make recommendations to the requiring authority including reasons, hearing required

Manager Resource Consents

Team Leader Resource Consents

Manager Policy and Planning

Manager Strategic Response

Hearings Panel or any duly appointed Hearings   Commissioner(s)   or   the chair for any matter prior to commencement of hearing.

RMA

68

Section 172

Decision of requiring authority

To make a decision on accepting or modifying the territorial authority‘s recommendation relating to a Nelson City Council requirement

The Council

RMA

69

Section 173

Notification     of     Requiring      Authority‘s

Decision

Land Information Officer

Consents Administrator

Property Information Officer

RMA

70

Section 174

Appeal    to    Environment    Court    from

Decision of Requiring Authority

Resource Management Act Procedures

Committee

RMA

71

Section 175

Provisions of designation in district plan

Land Information Officer

Consents Administrator

Property Information Officer

RMA

72

Section 176A

Approval of outline Plans and requests for changes

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

73

Section 181(1)

Alteration of designation

Manager Resource Consents

Team Leader Resource Consents

Manager Policy and Planning

Manager Strategic Response

Manager Monitoring and Research

Senior Planner

RMA

74

Section 181(3)

Minor alteration of designation

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

75

Section 182

Removal  of  designation  on  request  of Requiring Authority

Senior Planner

Planner

RMA

76

Section 184

Lapsing of designations which have not been given effect to

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

77

Section 186

Compulsory acquisition powers

The Council

RMA

78

Section 189

Notice of requirement (Heritage Order) to the Council

Land Information Officer

Consents Administrator

Property Information Officer

RMA

79

Section 189A

Notice     of     requirement     (heritage order) by the Council

Powers  to  decide  whether  to  notify  a notice of requirement for a heritage order

Manager Resource Consents

Team Leader Resource Consents

Manager Policy and Planning

Manager Strategic Response

Senior Planner

RMA

80

Section 190

Procedural matters relating to notice of requirement (Heritage Orders) to a territorial authority

Land Information Officer

Consents Administrator

Property Information Officer

RMA

81

Section 191

Consideration of  Notice of  Requirement

(Heritage Order)

Hearings Panel or any duly appointed Hearings Commissioner(s) or  the chair for any matter prior to commencement of hearing.

RMA

82

Section 192

Consideration of application for Heritage

Order

Hearings Panel or any duly appointed Hearings Commissioner(s) or  the chair for any matter prior to commencement of hearing.

RMA

83

Section 195A

Minor alteration of Heritage Order

Manager Resource Consents

Team Leader Resource Consents

Manager Policy and Planning

Manager Strategic Response

Senior Planner

RMA

84

Section 196

Removal of heritage order on request of Heritage Protection Authority

Senior Planner

Planner

Principal Adviser

Planning Adviser

RMA

85

Section 198C

Requests    for    requirements    to    be determined by the Environment Court

To approve or decline a request

Resource Management Act Procedures Committee

RMA

86

Section 198D

Territorial  authority’s subsequent processing

Preparation of report

Senior Planner

Planner

Principal Adviser

Planning Adviser

RMA

87

Section 198H-198M

Procedures for requirements under s168A

or 189A

Senior Planner

Planner

Principal Adviser

Planning Adviser

Subdivision

RMA

88

Section 108 & 120

Consider and grant consent to the following subdivision matters:

Granting controlled activity; restricted discretionary; uncontested discretionary; (and in respect of non-complying activities, non-notified) subdivisions, or applications  for  the  reduction  of esplanade reserves or provision of recreation reserves, with all affected persons‘ consent

Determination of adequacy of access (including Rights of Way), drainage, water supply, power and telephone services

Impose conditions pursuant to section 108 and section 220, including assessing esplanade reserve, esplanade strips or access strips and financial contributions, and the sections of the Local Government Act preserved by section 407 of the Resource Management Act 1991, and consultation with the District Land Registrar

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

89

Section 221

Conditions subject to Consent Notice

Issue,   review,   change    or   cancel   a condition of consent notice

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

90

Section 222

Issue   of   Completion    Certificates   and extension of time

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

91

Section 223

Approval of survey plan by the Council

Senior Planner

Planner

Consents Administrator

Property Information Officer

RMA

92

Section 224

Restrictions upon deposit of a survey plan

Issuing of a certificate stating that all or any of the conditions of the subdivision consent have been complied with.

Senior Planner

Planner

Consents Administrator

Property Information Officer

on confirmation of compliance with conditions  from  relevant  officers (asset engineers, enforcement and monitoring, finance).

RMA

93

Section 235

Creation of esplanade strips by agreement

Manager Resource Consents

Team Leader Resource Consents

Senior Planner in consultation with Principal Adviser

Reserves and Community Facilities

RMA

94

Section 237B

Access  strips  and  conditions  of  use  of such easement, variation and cancellation of conditions

Manager Resource Consents

Team Leader Resource Consents

Senior Planner in consultation with Principal Adviser

Reserves and Community Facilities

RMA

95

Section 237C

Closure of strips to public and erection of signs

Manager Parks and Facilities

RMA

96

Section 240 (4)

Cancellation of covenant against transfer of allotments

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

97

Section 241 (3)

Cancellation of conditions of amalgamation of titles

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

98

Section 243 (e)

Revocation of conditions on survey plans

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

RMA

99

Section 245 (4) & (5) (b)

To  approve  a  plan  or  survey  for  a reclamation

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

Environment Court

RMA

100

Section 267

Appearance at Environment Court Conference

Manager Resource Consents

Team Leader Resource Consents

Manager Policy and Planning

Manager Strategic Response

Manager Monitoring and Research

in consultation with Solicitor acting for Council

RMA

101

Section 268

Alternative dispute resolution proceedings

Authority to accept, on behalf of the Council, any decision reached as a result of alternative dispute resolution

Manager Resource Consents

Team Leader Resource Consents

Manager Policy and Planning

Manager Strategic Response

Senior Planner

Principal Adviser

in consultation with Solicitor acting for Council

RMA

102

Section 281

Application to apply to Environment Court for waiver or direction

Manager Resource Consents

Team Leader Resource Consents

Manager Policy and Planning

Manager Strategic Response

Manager Monitoring and Research

in consultation with Solicitor acting for Council

RMA

103

Section 294

Review of decision by Environment Court

Decision to apply for review on basis of new evidence or change in circumstances.

EM Regulatory and EM Strategy and Planning (or in his/her absence Acting EM or the CE) in consultation with Solicitor acting for Council and report to Council

RMA

104

Section 299

Appeal to High Court on question of law

To appeal against a decision or recommendation of  the  Environment Court to High Court on point of law

Resource Management Procedures Committee, in consultation with Solicitor acting for Council, and report to Council

RMA

105

Section 305

Additional appeals on point of law

Decision to appeal on a point of law where Council is not appellant.

Resource Management Procedures Committee in consultation with Solicitor acting for Council, and report to Council

RMA

106

Appeals before the Environment Court

Entering into negotiations about, and agreeing to, costs, consent orders, withdrawals and modifications which may arise during the course of any appeal or other matter relating to a Resource Consent decision before the Environment Court

Manager Resource Consents

Team Leader Resource Consents

Manager Policy and Planning

Manager Strategic Response

in consultation with solicitor acting for the Council and a report to the Council.

RMA

107

Section 311

Application for declaration

Resource Management Procedures Committee, in consultation with Solicitor acting for Council, and report to Council

RMA

108

Sections 315, 316, 320 and 321

Enforcement orders

Ensure compliance with an order, apply for an order, apply for an interim order and change or cancellation of an enforcement order

Manager Resource Consents

Team Leader Resource Consents

or Enforcement Officer appointed under s38

RMA

109

Section 322, 323, 324

Abatement Notice

Power to serve an abatement notice, to enter premises for compliance with an abatement notice, and form and content of an abatement notice

Manager Resource Consents

Team Leader Resource Consents

or Enforcement Officer appointed under s38

RMA

110

Section 325A

Cancellation of an abatement notice

Manager Resource Consents

Team Leader Resource Consents

or Enforcement  Officer appointed under s38

RMA

111

Section 325B

Restrictions on certain applications for enforcement  orders  and  abatement notices

Manager Resource Consents

Team Leader Resource Consents

or Enforcement Officer appointed under s38

RMA

112

Section 327, 328

Excessive Noise Direction

Power to issue excessive noise direction, and require compliance with excessive noise direction

Manager Resource Consents

Team Leader Resource Consents

or  Enforcement Officer appointed under s38

RMA

113

Section 329

Water shortage direction

EM Regulatory and EM Strategy and Planning (or in his/her absence Acting EM or the CE) and report to the Council

RMA

114

Section 330

Emergency works and powers to take preventative or remedial action

Opinion  as  to  whether  s330  provisions apply

Manager Resource Consents

Team Leader Resource Consents

in  consultation with other relevant Council staff

RMA

115

Section 331

Reimbursement    or    compensation    for emergency works

EM Regulatory and EM Strategy and Planning (or in his/her absence Acting EM or the CE)

RMA

116

Section 332, 333

Power of entry

Power of entry for inspection and power of entry for survey

Manager Resource Consents

TeamLeader Resource Consents

Manager Policy and Planning

Manager Strategic Response

Manager Monitoring and Research

or Enforcement Officer appointed under s38

RMA

117

Section 336

Return of property seized under s323 and s328

Manager Resource Consents

Team Leader Resource Consents

or Enforcement Officer appointed under s38

RMA

118

Section 343C Infringement Notice

Power to prepare and deliver infringement notice

Manager Resource Consents

Team Leader Resource Consents

or Enforcement Officer appointed under s38

RMA

119

Section 355

Vesting of reclaimed land

EM Regulatory and EM Strategy and Planning (or in his/her absence Acting EM or the CE)

RMA

120

Section 355B

Enforcement   powers   against   unlawful reclamations

Manager Resource Consents

Team Leader Resource Consents

or   Enforcement Officer appointed under s38

RMA

121

Section 357

Consideration and determination of objections to certain decisions and requirements

EM Regulatory (or in his/her absence Acting EM or the CE) with a further right of objection to the Hearings Panel to contest the delegated decision

RMA

122

Section 369

Provisions deemed to be regional rules

EM Regulatory and EM Strategy and Planning (or in his/her absence Acting EM or the CE)

RMA

123

Section 388

Requirement  to  supply  information  for transitional resource   consents

Manager Resource Consents

Team Leader Resource Consents

Senior Planner

First Schedule

Preparation and Change of Policy Statement and Plans

RMA

124

Clause 6 and 8A Making Submissions

Making  submissions  on  behalf  of  the Council

Resource Management Act Procedures Committee, in consultation with Solicitor acting for Council, and report to Council

RMA

125

Clause 8B & 8C

Hearing by Local Authority

Hearings Panel or any duly appointed Hearings   Commissioner(s) or the chair for any matter prior to commencement of hearing

RMA

126

Clause 14

Appeal  of  Decision  to  the  Environment Court

EM Regulatory and EM Strategy and Planning (or in his/her absence Acting EM or the CE) and report to Council

Part II Requests for Changes to Plans

RMA

127

Section 23

Further Information may be required

Senior Planner

Planner

Principal Adviser

Planning Adviser

RMA

128

Section 25

Consideration of Request for a Change

Council decision