27 September 2011

Hawke’s Bay Enforcement Decision Process Separate from Policy Setting

Hawke’s Bay Regional Council’s enforcement decision process runs independently of Councillors, a practice highlighted in a report by the Auditor-General's office released today.

HBRC Chief Executive Andrew Newman says that where there are clear and investigated breaches of regional rules or resource consent conditions, staff make a recommendation to the Chief Executive. He makes the final decision to take a prosecution to the Environment Court.

Before there is a decision to prosecute, there may have been a process of issuing abatement and infringement notices leading to fines.

“Hawke’s Bay Regional Councillors are kept informed about outcomes, but they are never asked for direction on particular decisions or processes, ensuring that any prosecution and Environment Court process in Hawke’s Bay is independently made, and based on sound professional advice,” Mr Newman said.

“The Councillors propose Council rules which are then open to public submission , hearings and appeals in line with the resource management processes. Councillors also adopt an enforcement policy up front, and then delegate the decision making under that policy to the Chief Executive Officer to make fair and consistent decisions,” said Councillor Eileen von Dadelszen, Chairman of the Environmental Management Committee.

She said that Hawkes’ Bay Regional Council’s enforcement policy has been in place for many years and is based on ‘best practice’ and the principles outlined in the Crown Law’s Prosecution Guidelines.

The Auditor General’s report was based on an independent investigation into water quality in areas covered by Waikato Regional Council, Taranaki Regional Council, Horizons Regional Council and Environment Southland.

ENDS

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