As outlined in recent case law, this matter may be addressed by the management plan containing clear objectives as to the purpose of the plan and the methods to be employed to meet the performance standards set by the relevant conditions of the consent. Rather than the plans being submitted for the approval of a council officer, the inclusion of clear objectives enables the plans to be certified by a council officer by measurement against the objectives. The decision maker thus determines the objectives of the management plan and the bottom line conditions and the certifier has the ability to direct changes to the management other than the objectives and conditions. The key elements for management plans include: clear objectives for the council officer to measure the plan against; ability of the certifier to withhold certification until he or she is satisfied the plan will achieve the objectives; ability of the council to be able to require changes to management plans and if necessary to halt works until the changes are made minimum environmental standards (expressed in the conditions of consent) so that if these are breached the council can request or require changes to the management plan and/or take enforcement action. Liability: The certification of management plans may in some circumstances raise liability issues for the council. For example management plans that include matters that are not relevant under the RMA such as a Health and Safety Plan or transport controls covered under other legislation applicable to NZTA or Auckland Transport. In these cases the following advice note should be added immediately after the relevant management plan condition. Example of a Management Plan condition wording: Condition XX: YYYY Management Plan to be provided Prior to the commencement of yyyy activity on the site the consent holder shall submit a YYYY Management Plan (YYYYMP) to the Team Leader [specify area] Monitoring for certification, to confirm that the activities undertaken in accordance with the YYYYMP will achieve the objectives of the plan and compliance with the relevant consent conditions. Any subsequent review of the YYYYMP shall also be submitted to the Team Leader Monitoring for certification. The consent holder shall meet the costs of the production, certification, monitoring and review of the YYYYMP. The overall objective of the YYYYMP shall be to set out the practices and procedures to be adopted to ensure compliance with consent conditions and also to meet the following objectives: (List the relevant objectives of the particular management plan.)
As outlined in recent case law, this matter may be addressed by the management plan containing clear objectives as to the purpose of the plan and the methods to be employed to meet the performance standards set by the relevant conditions of the consent. Rather than the plans being submitted for the approval of a council officer, the inclusion of clear objectives enables the plans to be certified by a council officer by measurement against the objectives. The decision maker thus determines the objectives of the management plan and the bottom line conditions and the certifier has the ability to direct changes to the management other than the objectives and conditions. The key elements for management plans include: clear objectives for the council officer to measure the plan against; ability of the certifier to withhold certification until he or she is satisfied the plan will achieve the objectives; ability of the council to be able to require changes to management plans and if necessary to halt works until the changes are made minimum environmental standards (expressed in the conditions of consent) so that if these are breached the council can request or require changes to the management plan and/or take enforcement action. Liability: The certification of management plans may in some circumstances raise liability issues for the council. For example management plans that include matters that are not relevant under the RMA such as a Health and Safety Plan or transport controls covered under other legislation applicable to NZTA or Auckland Transport. In these cases the following advice note should be added immediately after the relevant management plan condition. Example of a Management Plan condition wording: Condition XX: YYYY Management Plan to be provided Prior to the commencement of yyyy activity on the site the consent holder shall submit a YYYY Management Plan (YYYYMP) to the Team Leader [specify area] Monitoring for certification, to confirm that the activities undertaken in accordance with the YYYYMP will achieve the objectives of the plan and compliance with the relevant consent conditions. Any subsequent review of the YYYYMP shall also be submitted to the Team Leader Monitoring for certification. The consent holder shall meet the costs of the production, certification, monitoring and review of the YYYYMP. The overall objective of the YYYYMP shall be to set out the practices and procedures to be adopted to ensure compliance with consent conditions and also to meet the following objectives: (List the relevant objectives of the particular management plan.)