Annual compliance ratings

Compliance rating

When Greater Wellington undertakes compliance monitoring of resource consents, a compliance rating/grade is assigned to each consent assessed. The compliance ratings are shown below including an explanation/examples and what likely action will be required of a consent holder.

Grade Rating Explanation and examples Likely action required of consent holder
A Full compliance
  • None – 100% compliance with all consent conditions assessed
B Technical non-compliance
  • Failure to supply information and/or keep adequate records
  • Failure to adequately notify GW of works
  • Minor works outside scope of consent issued but within scope of environmental effects considered when consent processed
  • Action by the consent holder within specified timeframe
C Environmental non-compliance
  • Breach of effects based or best practice consent condition with minor actual or potential environmental effects
  • Breach of effects based or best practice consent condition with more than minor actual or potential environmental effects that can be fixed immediately
  • Works outside scope of consent issued where environmental effects not considered
  • Requires immediate action and possible ongoing action by the consent holder
  • Non-routine additional follow up inspection and/or audit by Environmental Regulation staff
D Significant non-compliance
  • Persistent Grade C breach of same condition and failure to respond to requests for compliance
  • Significant breach of effects based or best practice conditions that causes environmental effects (e.g. unauthorised discharge from site to water, significant disturbance to sensitive receiving environment or site on a scale not envisaged by consent, significant breach of water quality/quantity limit)
  • Significant works outside scope of consent issued that causes environmental effects
  • Requires immediate action and possible ongoing action by the consent holder
  • Non-routine additional follow up inspection and/or audit by Environmental Regulation staff

Notes

  1. The actions and examples are a guide for compliance assessment. Depending on the consideration of any mitigating or aggravating factors, a more stringent or less stringent grading may be applied.
  2. If your consent falls within Grade B, C, or D, additional non-standard compliance charges apply which are based on actual and reasonable time spent by Greater Wellington staff.
  3. Please be aware that Greater Wellington has a responsibility to enforce the Resource Management Act 1991. Failure to comply with the Act can result in an infringement notice with a maximum fee of $1,000 or prosecution with a maximum fine of $600,000 for a company or $300,000 or two years imprisonment for an individual. Accordingly, all necessary steps must be taken to ensure you comply with your obligations under the Act.

Rating

Explanation and examples

Likely action required of consent holder

A

Full compliance

·         All administrative conditions assessed are met (e.g. supplying information and/or records)

·         All effects based and best practice conditions assessed are met (e.g. complying with any maximum limits)

·         None - 100% compliance with all consent conditions assessed.

B

Technical

non-compliance

·         Failure to supply information and/or keep adequate records.

·         Failure to adequately notify GW of works

·         Minor works outside scope of consent issued but within scope of environmental effects considered when consent processed.

·         Action by the consent holder within specified timeframe

C

Environmental non-compliance

·         Breach of effects based or best practice consent condition with minor actual or potential environmental effects

·         Breach of effects based or best practice consent condition with more than minor actual or potential environmental effects that can be fixed immediately.

·         Works outside scope of consent issued where environmental effects not considered

·         Requires immediate action and possible ongoing action by the consent holder

·         Non-routine additional follow up inspection and/or audit by Environmental Regulation staff.

D

Significant

non-compliance

·         Persistent Grade C breach of same condition and failure to respond to requests for compliance.

·         Significant breach of effects based or best practice conditions that causes environmental effects (e.g. unauthorised discharge from site to water, significant disturbance to sensitive receiving environment or site on a scale not envisaged by consent, significant breach of water quality/quantity limit).

·         Significant works outside scope of consent issued that causes environmental effects

·         Requires immediate action and possible ongoing action by the consent holder

·         Non-routine additional follow up inspection and/or audit by Environmental Regulation staff

Notes

1.        The actions and examples are a guide for compliance assessment. Depending on the consideration of any mitigating or aggravating factors, a more stringent or less stringent grading may be applied.

2.        If your consent falls within Grade B, C, or D, additional non-standard compliance charges apply which are based on actual and reasonable time spent by Greater Wellington staff.

3.        Please be aware that Greater Wellington has a responsibility to enforce the Resource Management Act 1991. Failure to comply with the Act can result in an infringement notice with a maximum fee of $1,000 or prosecution with a maximum fine of $600,000 for a company or $300,000 or two years imprisonment for an individual. Accordingly, all necessary steps must be taken to ensure you comply with your obligations under the Act.