Ruapehu District Council
By Email only: Sharon.Robinson@ruapehudc.govt.nz
Attention: Sharon Robinson
Re: Breaches of Section 35 of Resource Management Act 1991 by Council
As you have now been in your new position for several months we write (on the advice of our advisers) to put you on notice as to the requirements of section 35 of the RMA and to request copies of information that the Council is required to maintain.
First we request a copy of the last two 5 yearly reviews required under section 35(2A). If Council has not undertaken a recent review please advise by return that it has not been done and also when it will be done. We note the section was inserted on 1 August 2003 so there should have been 4 reviews.
Secondly we seek your written confirmation that Council is in full compliance with Section 35(3) of the RMA and if not why not and what is being done to bring Council into compliance.
Thirdly we seek your written confirmation that Council is complying with Section 35(4) of the RMA particularly with respect to the Ohakune office. If this is not the case (and from our experiences last year it would appear that it is not) then please advise what steps the Council is taking to ensure the compliance is achieved and ratepayers and residents can access the information.
The experience last year was both via email (RMA queries answered under LGOIMA Timeframes) and from a member of the public attended the Ohakune Council offices on 23 September 2023 requesting the info in person. The member Advised they were seeking the information under section 35 of the RMA and quoted the subclauses, but the RDC staff member advised to complete a form for “Request For Official Information” form, which was clearly not following the RMA policy. The member questioned further and was just handed LGOIMA paper request form.
Fourthly we seek your written confirmation that Council is complying with Section 35(5)(g) on a continuing basis (including availability at the Ohakune office for the applications that relate to the area) for ALL applications made and advise the time frame within which the applications are loaded and available to view – in this regard we note the very specific wording of the sub-section.
Fifthly we seek your written confirmation that request under section 35 to have copies or view applications will not be treated as or require LGOIMA requests (and the time tabling that follows). We note the section contemplates that the information must be available so a LGOIMA request is inappropriate and not contemplated. Such only produces delay and as you are aware there are strict time limits under the RMA.
The purpose of this letter is to put you on notice that our members will be enquiring verbally at the Ohakune office on a regular basis in support of our earlier request to you to be provided with immediate advice of any application concerning Teitei Drive. We formally record that we request a copy of any such application be made available as soon as received by Council in its capacity as regulator under the RMA.
We have been advised to suggest that you take specialist RMA advice and we reserve our rights to advance these matters in any Judicial Review Application that is brought and to seek indemnity costs accordingly.
We also record that we have received an acknowledgement for our earlier letter but are still to receive a full response.
Once again we hope that matters do not escalate and cause additional costs to Council which of course affects all ratepayers.
Kindly acknowledge receipt of this letter.
Barry Murphy President - Ohakune Ratepayers and Residents' Society Inc. W: https://www.ors.nz M: 027 4909 712 E: barry@ors.nz
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