Information updates for Templeton residents

This page will provide updates for residents on Fulton Hogan's proposal to develop a quarry in Templeton.

Quarry application progress bar set to public notification

Update 16. 18/04/2019

Appointing hearing commissioners

We’ve had a couple of questions about how this process works so thought we’d put some information about it.  

Under the Resource Management Act (RMA), the regional council takes the lead in the facilitation of a hearing in a joint process, and consults with the territorial authority, on commissioner(s) appointment. 

When any hearing for a consent application is required, our policy is to appoint independent commissioners, with the number of appointees determined by the scale and significance of the proposal. We only select from the national list of those who hold current certification under the Ministry for Environment Making Good Decisions programme. The Chair of any Hearing Panel must also hold the Chair endorsement from this programme.

When selecting from the national list, we consider several matters to ensure we appoint the most appropriate person/people to adequately decide the proposal against the requirements of the RMA including:

  • Hearing Commissioners comply with the principles of fairness and natural justice
  • Whether there is a likely to be a conflict of interest, issue of bias or pecuniary gain
  • Hold the relevant skills, experience and technical expertise
  • Have experience in determining the type and size of a matter or familiarity with a particular activity – this can be largely influenced by the matters raised in submissions

Any potential appointee must declare any conflicts of interest relating to the proposal as a whole – this is something all appointees are well trained in through their certification.

We are yet to appoint the independent commissioners for the Fulton Hogan quarry proposal.  The submission period closes on 6 June 2019.  After which we will then complete an analysis of the matters raised in the submissions, so we will have an understanding of the issues to be addressed and take that into consideration in selecting potential appointees.  The appointment selection will be done in consultation with Selwyn District Council. All potential appointees are provided the details of submitters and asked to declare any conflicts of interests at that time. 

The matter of where in the country the potential appointee lives is not something usually considered as the need to avoid both real and perceived conflicts of interest and to avoid bias, is addressed through following well established principles, policy and guidelines in the appointment process.  A copy of our Policy is available here.

The formal appointment of commissioner(s) is made by Environment Canterbury’s Regulation Hearing Committee, made up of Councillors, in a public meeting. All of these meetings are listed publicly. We will update this page when this information is available.

Update 15. 5/04/2019

Janette Dovey (independent Planning Consultant) has been appointed as a ‘Friend of the Submitter. She is available to advise people on the process for lodging submissions, and how they might present their views in a submission.

If you require assistance from Janette, contact the Selwyn District Council on 03 347 2889 or email: friendofsubmitter@selwyn.govt.nz to arrange an appointment. Appointments will be held at Selwyn District Council offices at Rolleston on Wednesdays between 2pm and 7.00pm. There is no cost for this service.

Find out more about the proposal and how to submit.

Update 14. 1/04/2019 

Fulton Hogan's application will be publicly notified this Saturday (6 April). The submission period has been doubled, so close of submissions will be Thursday 6 June.

More information about the Friend of Submitter will be made available by Saturday.

Frequently asked questions

Consent Application and Hearing Process

The RMA is New Zealand’s main piece of national legislation that sets out how we should manage our environment and natural resources (eg, air, soil, fresh water and coastal marine areas).

It is based on the principle of sustainable management, which involves considering the effects of activities on the environment now and in the future when making resource management decisions.

Environment Canterbury and Selwyn District Council are legally obliged to follow the law as determined by the RMA when making their consent decisions.

We understand that there is legitimate public interest in these processes, and we want to provide some clarity on what they are, and the sorts of constraints and powers that Environment Canterbury and Selwyn District Council have under the RMA.

To help understand the process, we have provided answers to some of the most frequently asked questions:

Assessing the Application

Q1. What happens when an application for an activity requiring consent is received?

First, there has to be sufficient information within the application for it to be considered. Any person can apply for any activity that is not prohibited under a rule in a plan – therefore, we are legally obliged to process every application that we receive.

If there is sufficient information, and the application is formally accepted, it will then be considered against the statutory tests provided within the RMA, relating to the effects on the environment from the proposed activity and the degree of those effects.

We do this by auditing the information provided in the application, using technical experts and the planning framework as guidance. For example, extracting gravel from a river has an effect on the environment, but a rule in the plan might say that removing any gravel up to a certain amount is acceptable. Therefore, if we received an application to take an amount less than the amount specified in the plan, we would use the plan framework as guidance to determine whether the effect is more than minor in accordance with the RMA. In this case, we would consider the effects of the proposed activity to be less than minor.

Once we have audited the application and determined the environmental effects and the degree, we then need to decide the appropriate type of notification for the application.

Q2. What if more information is required to understand the application?

Once an application is formally accepted, further information about the application may be requested from an applicant. This information may be required to clarify what the applicant is proposing or to better understand the effects that could occur from the activity needing consent.

A request to an applicant for further information from either Environment Canterbury or Selwyn District Council must be in writing and state the reasons for requesting the information. Further information can be requested any time before or after the application is notified and before the start of a hearing.

Within 15 working days after receiving a request for further information, an applicant can provide this information or propose a timeframe for providing this information. The applicant also has the right to refuse to provide this information.

Q3. Affected parties vs interested parties – what’s the difference?

Affected

An “affected person” (which is a term defined in the RMA) is someone on whom the effects of the proposed activity will be minor or more than minor. Effects on a person (eg, neighbour) may be more than minor but overall the environmental effects of the activity may still be minor. If the person has given written approval, they have waived their rights as an affected person in the consent process.

Interested

An interested person or party may be a group or body that has a general interest in an application but is not deemed to be ‘affected’ under the RMA. We have a list of interested parties that are sent an email advising them of specific applications relevant to their particular interest, a courtesy we undertake to ensure those parties are made aware of relevant applications.

An interested party may then send a comment to us, which we use during application processing to determine whether they are an affected person, which gives them certain rights under the RMA.

An interested person or party (like anyone else) is then entitled to make a submission if the application has been publicly notified.

Public Notification

Q1. What happens when an applicant requests public notification?

An application will be publicly notified if adverse effects on the environment are more than minor. An applicant can also request that an application be publicly notified.

Anyone is able to submit on a publicly notified application.

The RMA provides a timeline to assess, notify, prepare and receive submissions and to hold a hearing. This timeline may be extended by the Councils and applicant in certain circumstances.

Q2. What happens when an application is received and notified by both a Regional Council and a District Council?

When applications for an activity are made to both a regional and district council, and both councils decide to publicly notify the application, the councils can choose to align the processes for notification, receiving submissions and holding a hearing.

This means that the Councils will jointly advertise the application at the same time in local newspapers and on the Councils’ websites and a joint hearing will be held. Submissions can be made to both applications.

Making a Submission

The following link provides guidance on making a submission: http://www.mfe.govt.nz/publications/rma/everyday-guide-rma-making-submission-about-resource-consent-application

Q1. Who can make a submission?

Once an application is publicly notified any person, group or organisation can make a submission.

If others feel the same way about the application, they can consider making a joint submission (e.g. forming a community group and appointing a spokesperson). The spokesperson or contact person should be clearly identified in the submission.

Any member of an organisation or group that makes a submission can still make a submission in their own name.

Q2: How do I to make a submission?

The applications for the Fulton Hogan Limited Roydon Quarry will be jointly notified by Selwyn District Council and Environment Canterbury. There will be one submission form for both Council's consents, and submitters will be able to tick which consents they want the submission to apply to. 

Submissions can be made to both applications in the following ways:

1. Online on the Environment Canterbury website. The online form will be available once the application is formally notified.

2. Use the paper submission form – a copy will be available to download from the website or request or collect one from either the Selwyn District Council or Environment Canterbury offices.

3. Write your own submission. The submission must include your name, postal address, telephone number and email address; whether you support or oppose, or are neutral to the application; whether you wish to speak to your submission at a hearing; the application numbers you are submitting on; and, your submission statement with reasons and what decision you would like to be made.

Q3: Where do I send my submission?

If the online submission form is used, it will be submitted automatically via the website. Once the submission is submitted, an automated reply will be received in your email box. A copy will automatically be sent to the applicant.

Or:

Deliver a written copy to either Selwyn District Council at 2 Norman Kirk Drive, Rolleston or Environment Canterbury at 200 Tuam Street, Christchurch.

Or:

Email the submission to Hearings@ecan.govt.nz;

Or:

Post to: Environment Canterbury, PO Box 345, Christchurch 8140.

Q4: Does my submission need to go to the applicant?

Yes, the applicant should receive a full copy (duplicate) of the submission you make sent to the Council. It can be sent electronically or mailed – details of contact details will be made clear when the application is notified.

If the online submission form is used, a copy will be automatically forwarded to the applicant.

Q5: What is the closing date for a submission

Submissions must be received by the closing date stated in the notification advertisement. It is important to get the submission in on time. If it is late, the submission may be invalid and you will not be part of the process.

Q6: Will you acknowledge my submission?

All submitters will receive a formal acknowledgment that their submission has been received once the submission period has closed. Submitters will be advised if a hearing is required at this time.

Q7: What makes a good submission?

Think about what needs to go in the submission, organise it in a logical order and stick to the facts. Remember that the RMA is concerned with managing and protecting the environment.

Make sure that if you want to speak at a hearing, you include everything in the submission you want to speak about.

A submitter doesn’t have to speak at the hearing, and while speaking can help highlight what is said in your submission, it is just as valid if you don’t speak.

Maps, diagrams and professional opinions that support the submission can be included where appropriate.

A “Friend of the Submitter” has been appointed to give advice on the submission process. More details about this will be provided when the application is notified.

The Hearing

Q1: Can I attend a hearing if one is held?

Any hearing is open to the public, including the media.

Q2: Can I speak at a hearing?

A person can only speak at a hearing if they submitted and indicated on the original submission form that they wanted to speak.

Only Hearing Commissioners are allowed to ask questions during a hearing. Cross examination is not permitted.

The order of speakers during a hearing is: the applicant and applicants’ expert witnesses; submitters who wish to be heard; reporting officers; and the applicant with their right of reply.

Appearing at a Resource consent hearing

http://www.mfe.govt.nz/publications/rma/everyday-guide-rma-appearing-council-resource-consent-hearing

Q3: What can I talk about at a hearing?

You will only be able to talk about issues that you have included in your written submission.

You can speak at the hearing as an individual submitter. Alternatively, individuals can group together with others that have submitted on similar issues and have a spokesperson(s) speak on behalf of the group.

Q4: Can I bring an expert to a hearing to present evidence?

If you intend to call an expert witness in support of your submission, you must provide that evidence in writing before the hearing begins – this is called ‘pre-circulation of evidence’ and the timetable is set by the Resource Management Act (although the Hearing Panel may give directions that amend the timetable). Copies of this evidence do not need to be provided again at a hearing.

If you are presenting a written presentation, you can provide copies of that on the day. At least 25 copies should be made, including any attachments (eg, photographs) so each member of the Hearing Panel, reporting officers, the applicant and hearings officer each have a copy. If the size or graphic is unable to be copied, it should be loaded onto a pen-drive for the hearings officer to record and share. Any photographs, graphs or other common media format can be placed on a pen-drive to be screened using a data projector.

NB You do not need to provide copies of your original submission as the Hearing Panel will have read it before the hearing.

Q5: Who hears the application and makes the decision?

Independent hearing commissioners appointed by Selwyn District Council and Environment Canterbury will hear the applications and make the decision.

Making a Decision

Q1: What are some of the things that inform the decision to grant or refuse an application?

The Hearing Commissioners will consider the application, the evidence provided, and all submissions for:

  • both positive and adverse effects;
  • relevant planning provisions (e.g. objectives and policies);
  • other relevant matters (e.g, Iwi management plans); and
  • the ways in which the application achieves the overall purpose of the RMA.

Q2: What are “conditions” of a consent?

The purpose of conditions is to avoid, remedy or mitigate the associated effects of the activity that the consent authorises (s108). Among other things, they define the scope of the consent and can also be administrative.

If the decision is to grant a consent application, it will generally be granted with conditions.

Q3: Can I object to the hearing decision or conditions?

Any submitter to the application and the applicant may appeal the decision. Any appeal has to be made directly to the Environment Court, within 15 working days after the hearing decision is released.

Previous updates

Read previous updates

Update 13. 27/03/2019

We haven't confirmed a notification date yet, however we expect it will be on - or after - April 6. We hope to confirm this by the end of the week. 

Update 12. 13/03/2019

We (Selwyn District Council and Environment Canterbury) have received a response to the request for further information today (see below for response). We will now go through the response to make sure all the information is there.

If we confirm that the response is complete then we will be able to provide some provisional dates for when we expect to notify it, however we expect it will be next week before we have some provisional dates. Keep an eye on this page for updates.

Update 11. 27/02/2019

Fulton Hogan Limited has asked for another two weeks to respond to Environment Canterbury and Selwyn District Council's request for further information. This is to give them more time to provide the most up-to-date information, including draft consent conditions and a revised draft Cleanfill Management Plan and Landscape and Visual Impact Assessment. Fulton Hogan's response is expected by March 12. 

Update 10. 24/01/2019

Fulton Hogan Limited has confirmed it will respond to Environment Canterbury and Selwyn District Council's request for further information by February 28.

Once this information is received, both Councils will review and assess the information to determine whether it is complete, or whether additional clarification from Fulton Hogan (the applicant) is required. Once the information is deemed to be complete, the applications will be publicly notified, providing the opportunity for submissions to be made. The Councils will provide a ‘Friend of Submitter’, an independent person who will be available to provide advice and support on the process for making submissions.

Dates for the hearing will be set once the applications are notified, and Independent Commissioners will be appointed to hear and decide the applications.

Once the submission period has closed, the reporting officers will prepare their reports on the applications to the Independent Commissioners on the applications, along with their recommendations to grant or decline the proposal.

Prior to the hearing, all reports and evidence will be circulated to parties providing information. Further information regarding this part of the process will be provided as the process unfolds and the hearing date is confirmed.

Update 9. 21/12/2018

A request for further information has gone out from both Councils. This was requested by consent processing staff from Environment Canterbury and Selwyn District Council. This means the application is on hold until they respond, and they have to provide an indicative timeframe of when they will respond to us by January 31.

Update 8. 30/11/2018

Update 7. 29/11/2018

  • Environment Canterbury and Selwyn District Council have today accepted a complete application under Section 88 of the Resource Management Act (RMA) from Fulton Hogan and will begin processing it. Both Councils will commence the audit and assessment relating to the activities applied for.

Update 6. 26/11/2018

  • The application has been formally lodged.
  • Environment Canterbury and Selwyn District Council now have until December 6 to check it for completeness, at which point it could either be sent back to Fulton Hogan Limited for re-lodgement of a complete application or it could begin to be processed.
  • We will provide an update on this page on December 6 as to its status (you can also check the slider above to see what stage it is at at a glance).

Update 5. 23/11/2018

  • Fulton Hogan Limited have applied for resource consents to establish Roydon Quarry, (at land bounded by Curraghs Road, Dawsons Road, Maddisons Road and Jones Road, Templeton). The application will now be assessed to determine if all of the information required has been provided by Fulton Hogan Limited to confirm lodgement and commence processing.
  • Resource consents are required from Environment Canterbury and Selwyn District Council and there will be a joint hearing process for the application.
  • You can view the proposed application here
  • The site is approximately 170 hectares in size, and it is proposed to quarry no more than 40 hectares at a time, to a depth of approximately 10 metres below ground level.
  • Land use and discharge consents are required from Environment Canterbury, and a land use consent is required from Selwyn District Council. Changes are also required to an existing water permit for the site to allow for the water to be used for aggregate washing, dust suppression and other quarrying purposes.
  • The application will be publicly notified, as requested by Fulton Hogan.
  • If further information is required by either council this will be requested before the application is publicly notified.
  • The Councils are currently in the process of organising for an independent person, with expertise in planning and the submission process, to be available for drop-in sessions for the public to provide advice. We are still working through the logistics of these sessions.
  • An unlimited duration is sought for all land use consents, and a 35 year duration is sought for the discharge consents.

Update 4. 21/11/2018

Environment Canterbury and Selwyn District Council have now received resource consent applications from Fulton Hogan Limited relating to the proposed Roydon Quarry at Templeton. The application will now be assessed to determine if all of the information required has been provided by Fulton Hogan Limited to confirm lodgement and commence processing.

We will provide updates on this page. Please email Quarrymail@ecan.govt.nz if you have enquiries.

Update 3. 11/04/2018

Fulton Hogan has decided to not submit any resource consent applications to the Selwyn District Council or Environment Canterbury before July 2018.

Update 2. 19/03/2018

To help residents better understand the resource consent process, we have explained how we determine if a quarrying consent would be notified or not.

Update 1. 2/02/2018

Useful resources for residents: