The Waihi Gold Permitting Experience: Would the Proposed Changes to the Resource Management Act 1991 have made a Difference?

The areas of concern lay in the processing of, and the subsequent hearing into, Waihi Gold's resource consent applications to extend Martha Mine. The proposed amendments to the Resource Management Act 1991 might see the introduction of contestability in the processing of applications - which would have assisted Waihi Gold; and the use of commissioners to hear the applications, with a right of appeal to the Environment Court on points of law only. It is also proposed to have major applications heard directly by the Environment Court. If Waihi Gold's applications had been heard at first instance by the Court, the delays in time and associated costs would have been reduced. However a hearing by commissioners only would not have been satisfactory, there being no right of appeal against the conditions of consent, which if implemented as granted by the Councils would have had a significant impact on the costs associated with the extended project.