What does it involve and why?
The Compliance and Monitoring team (C&M) helps to ensure the protection and enhancement of North Shore City’s natural and built environments. This is achieved primarily through education, compliance monitoring and (where necessary) enforcement of resource consent conditions, District Plan rules, and various provisions of the Resource Management and Building Acts. The team is part of the Resource Management Group of Environmental Services part of Environmental Services and can be contacted through Actionline on (09) 486 8600.
C&M investigates and resolves issues primarily arising from non-compliance with and breaches of the Resource Management Act 1991(RMA) and the Building Act 2004 (BA). Relevant issues can be referred to the team by members of the public and external agencies in writing or by phoning Actionline or the Environmental Services Planning and Building Help Desks by phone on (09) 486 8600.
The team also responds to internal referrals from other parts of the Council.
Resource Consents
C&M is responsible for monitoring granted resource (land use) consents to ensure that all conditions relating to the resource consent are complied with throughout (and where relevant beyond) the development phase. These conditions may include erosion & sediment control and tree protection measures, bond payment and release, surveyors' certificates and landscaping requirements. In addition to monitoring the conditions of a resource consent, the Team also looks out for any pollution issues that may arise on a monitored site (e.g. concrete/paint washings and other discharges of contaminants into the stormwater system) which it may in turn refer to the Council's Pollution Prevention team and/or the Auckland Regional Council's Pollution Hotline.
Should a development not comply with the conditions of a resource consent enforcement action may be taken under the RMA.
Resource Management Act 1991 (RMA) - North Shore City District Plan Rules and Section 17 RMA.
C&M also:
- Ensures compliance with the District Plan rules for all zones of the city (excluding noise and odour rules which are generally the responsibility of the Environmental Health team). Some typical issues C&M deals with are:
- Site works exceeding the area permitted
- Lack of proper sediment & erosion controls on building / development sites
- s37Building Act certificates (non-compliance)
- Yard and building height infringements
- Excavations and over height retaining walls
- Non-complying home occupations
- Damage and/or removal of protected trees and vegetation
- Enforces Section 17 RMA - Duty to avoid, remedy, or mitigate adverse effects - the team may investigate and take enforcement action in relation to breaches of this general duty where the adverse environmental effects are considered significant.
NB Enforcement under the RMA may include the serving of Abatement Notices, Environmental Infringement Notices (fines), obtaining Enforcement Orders and taking Prosecutions for offences under the RMA.
Building Act 2004 (BA)
C&M also undertakes some BA compliance and enforcement functions in association with the Building Group. These responsibilities include:
- Investigation of non-compliance with section 37 of the BA where a resource consent is required before building work commences.
- Investigation of dangerous and insanitary buildings including the serving of dangerous/insanitary building notices under the BA.
- Investigation of earthquake prone buildings including the serving of building notices under the BA.
- Serving/enforcing of Notices to Fix where unexempted building works are undertaken without a building consent or otherwise than in accordance with the BA.
- Investigation and initiation of legal proceedings for offences under relevant provisions of the BA.
C&M does not undertake technical building inspections, which are the responsibility of the Building Inspections teams.
Special Note on Erosion and Sediment Control on Construction Sites:
Sediment is the single most significant contaminant of our streams, lakes and coastal waters. The cumulative effect of sediment discharge from Auckland’s many individual building and earthworks sites has major detrimental effects on waterways, degrading their ecology and reducing recreational and economic value (Source: Auckland Regional Council, 2000).
All developers have a responsibility to ensure their development complies with the RMA and the District Plan:
a) All site works and subdivision shall be undertaken with the application and maintenance of recognised methods and techniques for the retention of sediment on site and the prevention of discharges of sediment off-site or into stormwater systems.
b) All site works and subdivision shall be undertaken with the application of runoff control measures isolating the site works and related activities from the surrounding land and preventing flows of stormwater into, across or escaping the area being worked.
c) Vehicle movements to and from the site or location where site works and subdivision activities are being undertaken shall not result in any material being deposited on a public road creating a hazard or a nuisance to road users.
You can view the complete subdivision and development section of our District Plan, section 9 subdivision and development (PDF 1.26MB). Developers are required to install erosion and sediment control measures on site in accordance with the Auckland Regional Council Technical Publication No. 90 (ARC TP90). ARC TP90 provides guidelines on the installation of control measures including silt fences, earth bunds, decant systems, and entranceway stabilisation etc. Common causes of sediment discharge include incorrectly installed or poorly maintained erosion & sediment control measures. "