Easing the Consents Process
Connal Townsend, Chief Executive, Property Council of New Zealand
The proposed amendments to the Resource Management Act represent one of the most significant improvements to resource and land management in New Zealand for a generation. However it's worth remembering that you can change legislation as much as you like, but at the practical level there will always be value for developers and investors in having a trusted external consultant who understands the process of gaining consents and who you can rely on to deal with your consent issues.
From territorial authorities' point of view, a strong working relationship with consultants is also crucial. Councils have a raft of issues they've got to bear in mind - public safety, heritage elements, impacts on traffic, earthquake risk and fire safety just to name a few . Councils want to know they're dealing with a consultant who understands all of the issues councils have to take into account and that they are not simply there to make things difficult for people who want to add value to their properties.
There's no doubt the government deserves praise and support for focusing on productivity and trying to clear away red tape that's getting in the way of development. It's still early days, and from the Property Council's point of view we think the Bill may be a bit too draconian, in the sense of completely removing some fundamental rights on the grounds of economic development that may have some unintended perverse consequences for commercial property investors. But at the higher level and in present tough times, to have a government that's focusing on productivity and trying to make changes to do that is very positive.
We at the Property Council also believe reform will bring a much needed central government focus. One of the problems currently is that the level of response from different territorial authorities varies hugely; as it does even within an authority. Often one division within a city or a district could be actively supporting a project whereas another division almost unwittingly could be implementing policies that undermine what their sister division is actually trying to achieve. It's very difficult for local authorities to see things from a broader perspective when they're focussed on the detail.
The quality of the consultant dealing with consents and the relationship is a crucial part of this, particularly when you consider that the consultant might be dealing with the planning division whereas the finance division for another perfectly legitimate reason may be doing something that completely undermines the project! Consultants that understand the process and council's ultimate objective can assist in diplomatically outlining these inefficiencies before they become an issue.
Certainly The Building Intelligence Group have shown in their dealings with Rodney District Council with regards to the Yellow treehouse restaurant - and their experience with other councils around the country - that consent issues can be a positive experience rather than a negative one with good communication from the start, a willingness to collaborate, and an understanding of what's required.
Having someone on board with expertise in collaborating with councils and managing important deliverables such as top notch documentation, and who have an ability to communicate with council to find out what they want and deliver what's needed are invaluable for easing the consents process, regardless of statutory change.
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