Resource consent hearings are serious legal processes. They are run by councils and were originally supposed to involve elected councillors to represent the people. Unsurprisingly, there were so many bad decisions that councillors have now been replaced by experienced commissioners who actually have to pass an exam in order to qualify for the position. If the commissioner gets it wrong, the council can face hefty legal bills fighting an Environment Court challenge.
Hamilton City Council called for applicants to form a panel of commissioners. 60 people applied, having fulfilled the selection criteria of competence, experience, and knowledge of Hamilton. But this was unacceptable because only three applicants were women, and most were over the age of 50. Waikato-Tainui was asked to put forward applicants but did not do so. Now the selection criteria are going to be changed.
Resource consents are about managing resources, such as land and water usage. I do not see how age provides a different legal interpretation of water usage, or how sex determines whether building height limits should be exceeded, or how race results in an alternative understanding of geotechnical engineering.
However, I do see why years of experience and technical knowledge in the relevant sector will increase the chances of good decision making.
Equal Opportunity does not mean Equal Outcomes. It means choosing the best person for the job regardless of sex, race, or age. When it comes to resource consents, we do not need diverse outcomes, we need consistent outcomes. You cannot plan new projects by having to guess which person will be appointed as commissioner.
Hamilton City Council deputy mayor Geoff Taylor stood alone against 11 other councillors and the mayor in voting against the change. He described it as “failing the barbecue test” – if three out of four mates having a bevy and a snag around the barby would question the logic of a decision, then it probably lacked common sense.
Not long now ’til the All Blacks selectors have to change their criteria too.
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