This document may be cited as:
Ministry for the Environment.2018. National Monitoring System– information requirements: Guidance for the 2018/19financial year.Wellington: Ministry for the Environment.
Published in May2018by the
Ministry for the Environment
Manatū Mō Te Taiao
PO Box 10362, Wellington 6143, New Zealand
ISBN: 978-1-98-852551-8
Publication number:ME 1352
© Crown copyright New Zealand 2018
This document is available on websites of the Ministry for the Environment
Contents
Contents
Background
Purpose of this guide
Changes to the data requirements
Format of data
Data due date
Data validation process
Section 1.0 – Policy and plan making and resource consent processes
Section 1.1 – Policy statement and plan full reviews
Section 1.2 – Preparation of policy statements and plans,changes and variations
Section 1.3 – Efficiency and effectiveness monitoring
Section 1.4 – Iwi/hapū planning documents
Section 1.5 – Resource consents
Section 1.6 – Certificates of compliance, andexisting usecertificates and deemed permitted activities
Section 2.0 – Annual summary information
Section 2.1 – Iwi/hapū involvement
Section 2.2 – Staff working on preparation of policy statementsand plans, changes and variations
Section 2.3 – Staff processing resource consents
Section 2.4 – Customer satisfaction
Section 2.5 – Notices of requirement (territorial authoritiesonly)
Section 2.6 – Staff working on RMA complaints, monitoring andenforcement
Section 2.7 – Other monitoring
Section 2.8 – Transfer of consents
Section 2.9 – Resource consent monitoring and compliance
Section 2.10 – Complaints
Section 2.11 – Other compliance activities
Section 2.12 – Procedures
Section 2.13 – Enforcement
Section 2.14 – National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NESCS)
Section 2.15 – National Environmental Standards for Plantation Forestry (NESPF)
National Monitoring System – Information Requirements: Guidance for the 2018/19 financial year 1
Background
The Government, regulators, businesses, iwi/Māori and the general public need confidence and assurance that the country’s resources are being effectively and sustainably managed through the Resource Management Act 1991 (RMA), and that the RMA is achieving its intended purpose for both current and future generations. To ensure this, we monitorthe implementation, efficiency and effectiveness of the RMA.
The National Monitoring System (NMS)is the method the Ministry for the Environment (the Ministry) uses tocapture information(annually) on the implementation of the RMA.This monitoring information allows us to understand whether the functions, tools and processes included within the RMA are achieving what they were intended to, and to determine what changes might be necessary to ensure the desired outcomes are achieved.
The NMS information helps us to:
-align how information is captured, shared and reported with existing statutory processes and council processing systems (eg, plan-making data and resource consents data)
-identify where legislative review or change is required and what form of legislative change is most appropriate
-measure the success of RMA reforms and implementation
-provide an evidence-base for informing policy development under the RMA
-determine if common concerns and perceptions of the RMA are accurate
-identify examples of good practice that can be shared and promoted.
Councils are requestedto submit the NMS information requirements for the period 1 July 2018to 30 June 2019to the Ministry by 31July 2019.
Details about the NMS project can be found on the Ministry’s website:
Purpose of this guide
This guideexplains how to populate the Microsoft Excel Template (the template),which has already been provided to your local authority. A copy of the templatecan alsobe found on the NMS webpage:
This guide and the template outline the data requirements for the 2018/19 financial year, as well as appropriate responses to each data field. The section numbering, data fields, and appropriate responses in the template are replicated in this guide for easy reference. This document also provides detailed guidance for those data fields where clarification is required (particularly in areas where we have had a number of queries or where there have been issues with thedata provided in previous years).
If you have questions or need assistance, please email or phone the National Monitoring System team on 022 069 0579.
Changes to the data requirements
Each year, the Ministry reassesses the information requirements for any changes needed as a result of legislative amendments to the RMA, as well as other data requirements the Ministry considers important to address or where further clarification is needed.
The Ministry has aimed to keep changes to a minimum, and many of the information requirements remain unchanged to allow for a consistent baseline of data that can be compared and contrasted each year.
However, there is still a small to moderate increase in the information requirements for the 2018/19 financial year. An important part of the increase in information requirements has been the incorporation of key Resource Legislation Amendment Act 2017 plan-making and resourceconsenting requirements.We have also removed the data requirements for the transfer of resource consents (Section 2.8).
The changes are highlighted clearly in this guide and the template. The new 2018/19 year data requirements/fields are highlighted in a light grey colour, and wording changes to existing data requirements are in red font in this guide and the template. All of the changes to the 2018/19 yearinformation requirements are summarised in the table below.
Please note that all cost data needs to be GST inclusive.
Table 1: Changes to data requirements
Section / New or updated data requirement / Reason for change1.2 Preparation of policy statements and plans, changes and variations / Type of planning process
Field amendment
[Section 1.2.2] / This field has been amended to show that it includes ‘policy statements’.
National instrument driver 1andNational instrument driver 2
Field amendment
[Sections 1.2.13 and 1.2.16] / This amendment updates the list of ‘acceptable responses’ to include a new National Environmental Standard (NES) (the NES on plantation forestry).
Date reported to council
Field amendment
[Section 1.2.22(a)] / This amendment clarifies the ‘description’ of the field to include proposed policy statements, plan variations and references to the relevant sections of the Resource Management Act 1991 (RMA).
Date of council decision for consultation
Field amendment
[Section 1.2.22(b)] / The amendment clarifies the ‘description’ of the field by referencing the relevant sections of the RMA.
Date sent to iwi authorities for consultation
New field/ data requirement
[Section 1.2.22(c)] / This new field/data requirement relates to legislative changes made through the Resource Legislation Amendment Act 2017(RLAA). The new field relates to a new RMA clause involving pre-notification requirements concerning iwi authorities.
This data is required to monitor and provide an evidence base for the implementation of RLAA (ie,data on council implementation of this new clause; length of time provided to iwi authorities prior to notification; andiwi authority response rates).
Date advice received from iwi authorities
New field/ data requirement
[Section 1.2.22(d)] / This new field/data requirement relates to legislative changes made through the Resource Legislation Amendment Act 2017(RLAA). The new field relates to a new RMA clause involving pre-notification requirements concerning iwi authorities.
This data is required to monitor and provide an evidence base for the implementation of RLAA (ie, data on council implementation of this new clause; length of time provided to iwi authorities prior to notification; andiwi authority response rates).
List of iwi authorities that were consulted
New field/ data requirement
[Section 1.2.22(e)] / This new field/data requirement relates to legislative changes made through the Resource Legislation Amendment Act 2017(RLAA). The new field relates to a new RMA clause involving pre-notification requirements concerning iwi authorities.
This data is required to monitor and provide an evidence base for the implementation of RLAA (ie, data on council implementation of this new clause; length of time provided to iwi authorities prior to notification; and iwi authority response rates).
Path of planning process
New field/ data requirement
[Section 1.2.22(f)] / This new field/data requirement relates to legislative changes made through the Resource Legislation Amendment Act 2017(RLAA). The new field relates to new RMA clauses which have introduced new planning processes/paths (ie, collaborative and streamlined planning processes).
This data is required to monitor and provide an evidence base for the implementation of RLAA (ie,data on council implementation of new planning paths; and providing additional context to the overall plan-making process).
Notification decision
New field/ data requirement
[Section 1.2.23(a)] / This new field/data requirement relates to legislative changes made through the Resource Legislation Amendment Act 2017(RLAA). The new field relates to a new RMA clause that introduced a new option of limited notification.
This data is required to monitor and provide an evidence base for the implementation of RLAA (ie, data on council implementation of plan-making processes on a limited notified basis; and the types of plan-making processes that are limited notified).
1.4 Iwi/ hapū planning documents / Date lodged with local authority
Field amendment
[Section 1.4.3] / This field has been amended to improve the structure of the template and make analysis simpler by separating out the three dates that have been requested (ie, lodged date, removed date and updated date).
Date removed from local authority
New field/ template improvement
[Section 1.4.3(a)] / This field has been created to improve the structure of the template and make analysis simpler by separating out the three dates that have been requested (ie, lodged date, removed date and updated date).
Date updated with local authority
New field/ template improvement
[Section 1.4.3(b)] / This field has been created to improve the structure of the template and make analysis simpler by separating out the three dates that have been requested (ie, lodged date, removed date and updated date).
1.5 Resource consents / Consent sub-type
Field amendment
[Section 1.5.2(a)] / This amendment clarifies the ‘description’ of the field by referencing the relevant sections of the RMA relating to the definitions of residential activities and boundary activities.
Type of application
Field amendment
[Section 1.5.3] / The amendment updates the list of ‘acceptable responses’ to include applications processed under Section 25 of the Housing Accords and Special Housing Areas Act 2013 (HASHAA).
Note: Some councils that process applications under Section 25 of HASHAA are providing these applications within the NMS template. Since these applications are not processed under the RMA and are therefore out of scope for the purposes of the NMS, we have amended this field so that Section 25 HASHAA applications can be easily identified.
Consent renewal
Field amendment
[Section 1.5.3(a)] / The amendment updates the list of ‘acceptable responses’ to include ‘Not applicable’ (ie, for activities where consent renewal does not apply).
National Environmental Standards
Field amendment
[Section 1.5.3(b)] / This field was previously an optional field and has been changed to a mandatory field.
Further, the amendment updates the list of ‘acceptable responses’ to include a new National Environmental Standard (NES) (the NES on plantation forestry).
Fast-track application
New field/ data requirement
[Section 1.5.3(c)] / This new field/data requirement relates to legislative changes made through the Resource Legislation Amendment Act 2017(RLAA). The new field relates to new RMA clauses involving the fast-tracking of certain resource consent applications.
This data is required to monitor and provide an evidence base for the implementation of RLAA (ie, data on council implementation and the effectiveness of these new clauses).
Ceasing of fast-track application
New field/ data requirement
[Section 1.5.3(d)] / This new field/data requirement relates to legislative changes made through the Resource Legislation Amendment Act 2017(RLAA). The new field relates to new RMA clauses involving the fast-tracking of certain resource consent applications.
This data is required to monitor and provide an evidence base for the implementation of RLAA (ie, data on council implementation and the effectiveness of these new clauses).
Date of response to first section 92(1) request (ie, when the information requested was received)
Field amendment
[Section 1.5.14] / This field has been amended to improve the structure of the template and make analysis simpler by separating out the two dates that have been requested (ie, when the section 92(1) information was received; and when the applicant refused to provide the section 92(1) information).
Date of response to first section 92(1) request (ie, when the applicant refused to provide the information)
New field/template improvement
[Section 1.5.14(a)] / This field has been created to improve the structure of the template and make analysis simpler by separating out the two dates that have been requested (ie, when the section 92(1) information was received; and when the applicant refused to provide the section 92(1) information).
Date of response to first section 92(2) commissioning (ie, the date that the section 92(2) report was received)
Field amendment
[Section 1.5.17] / This field has been amended to improve the structure of the template and make analysis simpler by separating out the two dates that have been requested (ie, when the section 92(2) report was received; and when the applicant refused to agree to the commissioning of the section 92(2) report).
Date of response to first section 92(2) commissioning (ie, the date that the applicant refused to agree to the commissioning of the section 92(2) report)
New field/ template improvement
[Section 1.5.17(a)] / This field has been created to improve the structure of the template and make analysis simpler by separating out the two dates that have been requested (ie, when the section 92(2) report was received; and when the applicant refused to agree to the commissioning of the section 92(2) report).
Response to post notification section 92(1) request
New field/ data requirement
[Section 1.5.23(a)] / This field has been created to improve consistency in the template (ie, this same data has been requested in relation to other fields relating to section 92(1) and section 92(2) requests).
Date of post notification decision response to section 92(1) request (ie, when the information requested was received)
Field amendment
[Section 1.5.24] / This field has been amended to improve the structure of the template and make analysis simpler by separating out the two dates that have been requested (ie, when the section 92(1) information was received; and when the applicant refused to provide the section 92(1) information).
Date of post notification decision response to section 92(1) request (ie, when the applicant refused to provide the information)
New field/ template improvement
[Section 1.5.24(a)] / This field has been created to improve the structure of the template and make analysis simpler by separating out the two dates that have been requested (ie, when the section 92(1) information was received; and when the applicant refused to provide the section 92(1) information).
Date of response to subsequent section 92(2) commissioning (ie, the date that the subsequent section 92(2) report was received)
Field amendment
[Section 1.5.27] / This field has been amended to improve the structure of the template and make analysis simpler by separating out the two dates that have been requested (ie,when the subsequent section 92(2) report was received; and when the applicant refused to agree to the commissioning of the subsequent section 92(2) report).
Date of response to subsequent section 92(2) commissioning (ie, the date that the applicant refused to agree to the commissioning of the section 92(2) report)
New field/template improvement
[Section 1.5.27(a)] / This field has been created to improve the structure of the template and make analysis simpler by separating out the two dates that have been requested (ie, when the subsequent section 92(2) report was received; and when the applicant refused to agree to the commissioning of the subsequent section 92(2) report).
1.6 Certificates of Compliance, Existing Use Certificates and deemed permitted activities / The scope of the data requirement for Section 1.6 has been amended / New data requirements have been added to Section 1.6. These relate to legislative changes made through the Resource Legislation Amendment Act 2017(RLAA), namely, the new RMA clauses relating to deemed permitted boundary activities (section 87BA) and deemed permitted marginal or temporary activities (section 87BB).
This data is required to monitor and provide an evidence base for the implementation of RLAA (ie, data on council implementation and the effectiveness of these new clauses).
Type of certificate or activity
Field amendment
[Section 1.6.2] / This amendment updates the list of ‘acceptable responses’ to include deemed permitted activities. These relate to legislative changes made through the Resource Legislation Amendment Act 2017, namely, the new RMA clauses relating to deemed permitted boundary activities (section 87BA) and deemed permitted marginal or temporary activities (section 87BB).
National Environmental Standards
Field amendment
[Section 1.6.4] / The amendment updates the list of ‘acceptable responses’ to include a new National Environmental Standard (NES) (the NES on plantation forestry).
Legal description (Appellation) / GPS coordinates or GIS shape files
Field amendment
[Section 1.6.5] / The amendment clarifies and improves the ‘description’ of the field.
Date lodged
OR
The initial date that the council first decides to apply the section 87BB process
Field amendment
[Section 1.6.6] / This field has been amended to reflect legislative changes made through the Resource Legislation Amendment Act 2017. That is, the field has been updated so that it applies to the new RMA clause on deemed permitted marginal or temporary activities (section 87BB).
Date determined as incomplete under section 87BA(2)(b)
New field/ data requirement
[Section 1.6.6(a)] / This new field/data requirement relates to legislative changes made through the Resource Legislation Amendment Act 2017. The new field relates to the new RMA clause on deemed permitted boundary activities (section 87BA). Deemed permitted boundary activities can be determined as incomplete under section 87BA(2)(b).