Review findings presented to WRC

An independent review has found Waikato Regional Council's evidence gathering processes to be ‘appropriate, robust, lawful and up to date'.

The review also says the regional council uses best practice when making enforcement decisions after investigations have been completed.

In May council initiated a review of how non-compliance of the Resource Management Act was investigated and dealt with, following criticisms of council's enforcement actions.

On Thursday the findings were presented to the review panel which is headed by Wellington solicitor Tom Gilbert and includes representatives from various sectors like farming, iwi, regulators, transport and energy.

Tom told councillors that between 1,400 and 1,500 potential or actual breaches of rules were dealt with each year by the council's resource use directorate.

Formal enforcement action in response to such cases was 'very low” as a percentage of the total, which represents a 'conservative” approach”, he says.

The size of fines handed down by the courts after the limited number of successful prosecutions also showed judges were taking council initiated cases seriously.

'The reality is that council does enforcement really well. It might not always be popular but that's obviously not the point.”

Tom adds the council's investigative processes were actually nationally leading edge and compared very favourably to some other regulators.

'The public should have confidence the right matters….are being prosecuted.”

The review panel made a number of technical recommendations and councillors have agreed to these being implemented by staff.

Councillors are also looking to set up a working party to develop a formal enforcement policy recommended by the panel.

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