Guidelines for monitoring additional dispute resolution processes within the Resource Management Act

Abstract

The purpose of this research has been to develop indicators that can be used by the Ministry for the Environment to monitor what are referred to as additional dispute resolution processes permitted under the Resource Management Act. Sections 99(1)1 and 268(1)2 provide a basis for resolving disputes over resource consents, designations and heritage orders, and water conservation orders using mediation, facilitation, conciliation or similar procedures. The research was not concerned with the option of arbitration as it is not based on consensus decision making. The differences between mediation, facilitation and conciliation were clarified. Much of the literature on additional dispute resolution relates to mediation rather than to facilitation and conciliation, therefore aspects of mediation are referred to more frequently in this publication. The steps in a mediation process are described in Appendix 1.

The legislative context in which additional dispute resolution is specifically referred to was outlined. It identified where the use of these processes are allowed for in the resource consent granting and appeal process in particular and with regard to the review of consent conditions, designations and heritage orders, and water conservation orders.

Monitoring principles were selected after a review of the overseas literature on environmental dispute resolution and an examination of existing dispute resolution models in other fields in New Zealand. These included the Christchurch Community Mediation Service, the Employment Tribunal, and the Disputes Tribunal (formerly the Small Claims Tribunal). The principles chosen were: efficiency and cost-effectiveness, legitimacy, and fairness. No attempt was made to express principles or develop indicators that might be appropriate for Maori to use in evaluating additional dispute resolution processes.