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 The Resource Management Act and Archaeology

Resources

RMA - Act on line

HPT - Act on line

For both see the NZ Statutes Site

RMA Guide - a community guide

See particularly the Cultural Heritage Key Issue page.

RMA Link - Produced by ECO

Forest and Bird Protection Society Protecting Nature with the RMA

HPT: Heritage Management Guidelines for Resource Management Practitioners

Consents  |  Plans

The primary legislation protecting archaeological sites is the Historic Places Act. However the Resource Management Act (RMA) has an important role.

Resource Consents

Where an archaeological site is definitely or possibly going to be affected by a development the first and most important thing to do is to get the Historic Places Trust involved. This is through the archaeologists at the local office. They are the ones with the responsibility for the Trust's role under its Act.

Under the RMA local councils considering issues have to consider historic heritage as a matter of national importance. Hence there is sometimes an opportunity for the general public to make their views known in the heritage field as it affects archaeological sites. 

This can arise when potentially affected parties are consulted over proposals before there is an application for a resource consent, or if a consent applied for is notified by the Council for submissions. The latter only happens to a small minority of consent applications.

NZAA does not regard itself as being by default an affected party under the RMA. This role is much better fulfilled by the Historic Places Trust. NZAA members and filekeepers should not sign documents as representing NZAA if presented with these by proposers of developments, saying the have been consulted or that there are no archaeological sites affected. That is not our role.

Making submissions is not too daunting. On occasions NZAA may take up a particular case at national level. NZAA members can raise case with NZAA Council and ask us to consider submitting at a national level. Otherwise submissions by members should be made in the name of individuals, not the Association.

Content of a submission

There are six elements which you will need to address in the submission. 

"This is a submission on an application from [name of applicant] for a resource consent:"

Insert the name of the applicant, type of resource consent applied for (e.g. land use consent, water permit) the activity which is proposed (e.g. constructing a house, subdividing a property) and the location of the proposal.

"The specific parts of the application that my submission relates to are:"

Clearly indicate which parts of the application you are concerned with. If you are concerned with the whole application you can state 'the application in its entirety'. If you are concerned with only part, describe that part .'

"My submission is:"

State whether you support or oppose the whole or specific parts of the application as identified above.

  • If you support or oppose the whole application state this e.g. 'I support the application in its entirety' or 'I oppose the application in its entirety'.

 You should give consider:

  • Is the site affected scheduled in the district plan for protection?

  • If there are likely to be significant adverse effects, has there been adequate consideration of alternatives?

  • Are adequate actions proposed to avoid, remedy or mitigate the effects?

  • Is the application consistent with Part II of the RMA including the overarching purpose of sustainable management (section 5), the matters of national importance (section 6) and other matters (section 7)?

  • Is the application consistent with any relevant regional policy statement and regional plans? 

  • Is the application consistent with the district plan?

"I seek the following decision from the consent authority:"

Be as precise as possible about what decision you would like the consent authority to make, for example:

  • 'Decline the application in its entirety.'

  • 'Only approve the application if a condition is imposed to the effect that ..........''

  • 'Only approve the application if the following condition is imposed: .................'

"I wish (or do not wish) to be heard in support of my submission.

"If others make a similar submission I will (or will not) consider presenting a joint case with them at a hearing."

Try to make your submission as clear and easily understood as possible. 

Lodging of submission

You should deliver, fax or mail you submission to the consent authority in advance of the closing date (20th working day after public notification) or any later date specified in the public notice. If posting the submission, use registered mail to provide proof of delivery. Submissions are not accepted by email. You must also send a copy of the submission to the applicant as soon as reasonably practicable after you have lodged it with the consent authority.

Often Councils have a paper or on-line form you can use to cover all the above points, or there are standard ones here and here.

You may get invited to attend a pre-hearing meeting by the Council. This is to attempt to clear up any misunderstandings between the parties and to see if there is room for compromise. You are not obliged to attend these.

If you intend to appear at the hearing you can make the initial submission quite brief and then expand on it at the hearing. If you are expanding on it, have with you 20 copies of your new material with you to distribute to those present. The Council officers will do the distribution. 

Those hearing the consent proposal are commissioners, usually elected members of the local authority. You don't need to be a lawyer for local authority hearings or have one support your case. There is no cross-examination by the proposer of your submission but the commissioners may ask you questions. 

If you are going to the hearing try to get hold of the Council officers' report on the proposal before the hearing (it should be available a week in advance). It will have a recommendation on approval or otherwise of the consent application and if approval is recommended, then it will recommend conditions for the consent. The commissioners will often be focused on the conditions and may be looking to test their acceptability on the people making submissions. 

You will be notified of the Council decision. There is opportunity to appeal by any party who submitted on the application, but that is beyond the scope of this note. See the Resources Box above to research this more.

District and Regional Plans

There is opportunity to make submissions on plans when they are being developed and changed.

This is a more specialised area and you need to involve people experienced in the RMA and Plans. However it is potentially one of the most rewarding areas in the long term. On occasions NZAA may take up a particular case at national level. Otherwise submissions by members should be made in the name of individuals, not the Association.

See the Resources Box above to research this more.

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