MINISTRY OF JUSTICE CIVIL FEES REVIEW
SUBMISSION FROM THE THORNDON SOCIETY INC - WELLINGTON

●	The Thorndon Society has been in existence since 1973. The primary objectives of the Society are to preserve and restore the historic character of the suburb and to maintain  its residential character.
●	Over the past 40 years the Society has been actively involved in town planning/resource management issues relating to Thorndon. In the main this has involved submissions to general reviews of the Wellington City District Plan and specific plan changes and submissions on particular development proposals. 
●	On many occasions the Society has been obliged to lodge appeals to the Environment Court (or its predesessors) as a last resort to halt or limit the effect of proposed planning policies or inappropriate building/land use developments.
●	The Society is therefore concerned with the Fees Review as it relates to the Environment Court proposals.
●	The overriding concern is that the proposed multiple fee structure relating to Environment Court will seriously limit the ability of the Society to oppose inappropriate policies or developments in Thorndon. We are of the view that community organisations such as the Thorndon Society should be exempt from the application of new Environment Court fees.
●	Looking back we can recall the years prior to the introduction of the RMA when the planning system was open, simple and financially affordable. Justice was readily available to all. Under the RMA there has been an inexorable move to a system that is more closed, highly complex and unaffordable. The high cost of planning processes can deny justice to lay persons and organisations that are not well resourced.
●	The scope for third party involvement in the planning process was once lauded as a key feature of the New Zealand planning system. However, in recent times, through what appears to be the result of deliberate public policy decisions, third party rights have been progressively curtailed.  We consider therefore that the proposed Environment Court fee structure is a further attack on third party involvement in the planning process.
●	The Society is of the view that it is crucial for relatively open access to the Envirionment Court to be maintained. In a national context the budget of $10.7 million for running the Court is believed to be a very modest amount and should be geneally accepted as a cost of running our democracy. Fees and charges may be valid where private interests stand to make personal gains or profits but not for community groups working entirely in the public interest.
●	Of particular concern are the proposed mediation and hearing fees to be paid by the initiator of proceedings. These fees will most certainly deter organisations such as the Thorndon Society from making appeals.
●	When the Society has initiated appeals in the public interest on policy proposals of the Council under District Plan review or Plan change processes then it is considered that if any mediation or hearing fees are to be applied they should be levied against the Council. As the originator of the changes which has prompted a community response it is considered fair that the Council carry the costs.
●	Similarly, where the Society appeals a resource consent decision relating to a private development that is contrary to established planning policies then it is also considered fair that any mediation or hearing costs be carried by the applicant. In such cases it is the applicant who is seeking to make private or personal gain from an approval.
●	In conclusion the Thorndon Society is firmly of the view that community organisations acting in the public interest must not be dererred from instigating appeal proceedings under the RMA. Existing costs are already a deterrent to  third party involvement. It is therefore submitted that for approved community organisations the existing Environment Court fees be retained and that a multiple fee system not be introduced.
●	It is further submitted that if the proposed multiple fee system is to be introduced then approved community groups be exempted from the proposed mediation and hearing fees.

Bruce Lynch
Convenor
The Thorndon Society Inc
PO Box 12398
Wellington
email: thorndonsociety@gmail.com