Official Information Request - KO development cnr Malfroy Rd/Ranolf St

Sent: Wednesday, 21 September 2022 3:00 pm
Subject: LGOIMA request - KO development on cnr Malfroy Rd/ Ranolf St

I refer to your LGOIMA request of 25 August 2022 regarding the Kāinga Ora development on the corner of Malfroy Road and Ranolf Streets.

Please find below the responses to your requests:

• Could you please provide the terms and conditions regarding occupation under the terms of the Resource Consent issued by Rotorua Lakes Council?
  The granted resource consent (subdivision RC17677 and land use RC17675) stipulates the conditions that are required to be met by the consent holder. Please see a copy of this attached.
• On TV1 news Thursday 25 August 2022 it specified that the first family would be moving in on 31 August 2022. Does the entire development need to be completed before occupation?
  The key condition for works to be completed prior to occupation is Condition 10 of RC17675 which requires that all civil engineering works be completed prior to occupation of the units. The list of consent conditions is exhaustive, so please refer to the attached copy.Condition 3 which governs the landscaping requirements, requires this work to be completed for each unit within 3 months of being issued a Code Compliance Certificate for each unit. So landscaping can take place after occupation if desired.The entire development does not need to be completed before occupation – just the civil engineering works referred to in the consent conditions.
• Is it usual to specify in resource consents, “All conditions relating to this resource consent must be met in full and a Planning Compliance Certificate issued prior to occupation unless otherwise specified?”Not all resource consents have conditions referring to a Planning Compliance Certificate (PCC). A PCC is not a formal legislative document/process like a Code of Compliance Certificate (CCC) for a Building Consent. It is simply just reference to when Council confirms in writing that all consent conditions have been met. The onus at all times is on the consent holder to comply with their conditions of consent and meet any timing requirements that may be in place for occupation and other items.
• Was Kāinga Ora given special exemption from the usual terms and conditions around occupation?No special exemption has been issued. Our Compliance Team is currently working with the consent holder to ensure they meet their conditions of consent, and if needed, to apply for a variation to the consent to authorise any departures.
• How will health and safety and OSH requirements be managed on site?
  Health and Safety and OSH requirements on site are managed by the site manager.

You have the right to seek an investigation and review by the Ombudsman of this decision. The Ombudsman’s Office can be contacted by calling 0800 802 602, emailing info@ombudsman.parliament.nz, online at www.ombudsman.parliament.nz, or by post to The Ombudsman, PO Box 10152, Wellington 6143

Publication of responses to LGOIMA requests

Please note: Our LGOIMA responses may be published on the Rotorua Lakes Council website after they have been responded to, with requesters’ personal details withheld. If you have any concerns about this please contact the Council on info@rotorualc.nz.

Regards