Copyright is owned by the Author of the thesis. Permission is given for a copy to be downloaded by an individual for the purpose of research and private study only. The thesis may not be reproduced elsewhere without the permission of the Author. PUBLIC PARTICIPATION IN NEW ZEALAND REGIONAL COUNCILS ,)~~ A thesis presented in partial fulfilment of the requirements for the degree of MASTER OF PHILOSOPHY IN RESOURCE AND ENVIRONMENTAL PLANNING at Massey University New Zealand EDGAR L. JAVISON 1994 ABSTRACT In 1989 and 1991, the New Zealand Parliament enacted legislation which reformed local government structure and planning processes. Inherent in these statutes are, among other things, the strengthening of regional councils and the prescription of opportunities for active public participation in the decision-making process. To explore the impact of these legislative mandates, it was felt that the philosophy and practice of public participation in New Zealand regional councils should be analyzed. This study, therefore, sets out to critically examine the philosophies of public participation held by decision-makers in regional councils; establish the relationships between these philosophies and the actual practice of public participation; and assess the effectiveness of participatory processes adopted. A two-fold approach was adopted towards meeting the study goal and objectives. Firstly, in-depth case studies of the participatory activities adopted by two Regional Councils were undertaken. Thus, the strategies adopted by the Taranaki Regional Council and the Hawke's Bay Regional Council to involve the public in its annual planning process, regional policy statement development, and consents processing were examined. Specifically, for consent processing, an actual consent application process handled by each Council was studied. These concerned the discharge permit application of Egmont Tanneries Ltd., in Taranaki, and the renewal of the resource consents of Richmond (Takapau) Ltd. in Hawke's Bay. Through examination of council documents, interviews with council officers, and a survey of submitters and consents applicants, the overall public participation strategy for each Council was determined. It was observed that the Taranaki Regional Council had an overall program for public involvement, which was geared towards building sound public support for the council. The Hawke's Bay Regional Council was found wanting in terms of not having a public participation programme. However, ad hoc public participation activities have focused towards gathering the iii views of the regional community in order to provide the Council with some guidance as to the direction that its policies should follow. Secondly, a national postal survey of decision-makers in regional councils and unitary authorities was conducted. The survey aimed to ascertain the attitudes and concepts that decision-makers hold about public participation; the kind of power afforded to public participants, and the objectives of programmes carried out by each Council; to identify the techniques employed and to see whether these are the techniques preferred; and to determine their perceptions on_what public participation has achieved. Decision-makers were asked to use a five-point Likert scale to rate 15 statements on public participation, 19 techniques suggested by the then Ministry of Works and Development ( 1978b) for local bodies to utilise, and eight outcomes of public participation. A response rate of 76.53% was achieved from the national survey of 98 decision­ makers in 12 regional councils and four unitary authorities. Using at-test procedure, it was found· that decision-makers subscribe to the democratic ideal that citizens have the right to be consulted on policies and proposals affecting them. However, this test found that they are not ready to totally share their decision-making power with citizens as prescribed by the radical theory of democracy. The national survey results also showed that decision-makers favour public participation techniques that are statutorily prescribed, relatively easy to use, and less costly to run. Decision­ makers felt that the purpose of public participation was to realise the objectives of decision-making, support-building, conflict management and education. Using an F-test procedure, it was established that certain respondent characteristics affected the predisposition to public participation. Female decision-makers and elected members were more inclined to involve the public in the planning process. On the other hand, younger decision-makers and those from unitary authorities were less inclined to public participation. Further research to explore these differences in more detail is recommended. iv From both the case studies and the national survey, it was concluded that the Parliamentary mandate for public participation strongly supports its actual practice at the regional level. It was also concluded that there is a lack of consistency between expected results of participatory exercises and the actual outcomes. Thus, it is recommended that the purpose of public participation be clearly specified in order for regional councils, and their respective regional communities, to develop a public participation program. Finally, regular discussions among practitioners, academics, and the general public on different aspects of public participation can ensure a more complete absorption and acceptance of public involvement in the decision-making process. ACKNOWLEDGEMENT The conduct of this study would not have been an easy task if it were not for the ·support and assistance of a number of organisations and individuals. I gratefully acknowledge and sincerely thank: o The Philippine Government, in general, and the Department of Budget and Management, in particular, for their confidence in nominating me for an Overseas Development Assistance scholarship; o The New Zealand Government, in general, and the Ministry of External Relations and Trade, in particular, through Rachel Gundesen and Kathryn Meadows, for providing the financial resources to cover this study; o Sue Veart, Suzanne Baird, and Bob Zuur of the Ministry for the Environment, for their invaluable input into the conduct of the case studies; o The Taranaki Regional Council, specifically John Hutchings, Fred McLay, and Murray Brass, and the Hawke's Bay Regional Council, particularly Robert van Voorthuysen, Eileen von Dadelszen, and Colin McLellan, for providing access to information required by the case studies; o Dr. Murray Patterson, for his supervision, guidance, and critical comments on the conduct of the study and the writing of this report; o Peter Horsley, for his ready advice and reference materials on the intricacies of planning and environmental law in New Zealand; o Karen Puklowski, Rhonda Moore, Rustie Ritchie, and Stu Davey, for helping out in preparing the graphics used in this report; vi o The respondents of the national survey of decision-makers and the surveys of participants to the processing of the consent applications of Egmont Tanneries Ltd. and Richmond (Takapau) Ltd., expecially Trevor Jane and Ian Brown, for fmding the time to respond to the survey; o Darryl Cox, for his encouragement and support throughout the course of this study; and o The countless individuals whose desire-it is for democracy to survive well and truly. vii TABLE OF CONTENTS ABSTRACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . n ACKNOWLEDGEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v TABLE OF CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vn LIST OF TABLES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . xii LIST OF FIGURES xiv Chapter 1 INTRODUCfiON 1 1 2 3 3 Background ...................................... . Thesis Goal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Thesis Objectives .................................. . Thesis Outline and Methodological Approach .............. . OVERVIEW Chapter 2 NEW ZEALAND PLANNING INSTITUTIONS 7 Chapter 3 Role of Central Government in Planning . . . . . . . . . . . . . . . . . . 7 Local Government in New Zealand . . . . . . . . . . . . . . . . . . . . . . 8 Regional Councils . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Territorial Local Authorities . . . . . . . . . . . . . . . . . . . . . . . 10 The Planning Tribunal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 PUBLIC PARTICIPATION AND THE PLANNING PROCESS IN NEW Chapter 4 ZEALAND ....................................... 15 History and Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Law Reform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Treaty of Waitangi Perspective . . . . . . . . . . . . . . . . . . . . . 18 Market/Property Rights/Ownership Argument . . . . . . . . . . . 18 Citizens' Rights/Democratic Argument . . . . . . . . . . . . . . . . 18 The Policy-Making and Planning Process at the Regional Level . . 19 The Planning Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Public Participation Opportunities . . . . . . . . . . . . . . . . . . . 26 PUBLIC PARTICIPATION IN PLANNING . . . . . . . . . . . . . . . . . . . . 30 Democracy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 viii Public Participation Defined . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Public Participation: What It Seeks to Achieve . . . . . . . . . . . . . . 35 Administrative Objectives . . . . . . . . . . . . . . . . . . . . . . . . . 35 Substantive Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 A Ladder of Participation . . . . . . . . . . . . . . . . . . . . . 39 Dimensions of Participation . . . . . . . . . . . . . . . . . . . 41 Public Participation: Techniques . . . . . . . . . . . . . . . . . . . . . . . . 42 Public Participation: Target Groups . . . . . . . . . . . . . . . . . . . . . . . 44 Barriers to Participation . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Motivators to Participate . . . . . . . . . . . . . . . . . . . . . . . . . . 45 A Typology of Individuals . . . . . . . . . . . . . . . . . . . . . . . . 46 Models for Public Participation in Planning . . . . . . . . . . . . . . . . 48 Collaborative Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 The Skeffington Committee Model . . . . . . . . . . . . . . . . . . 49 The Perth Model . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Participatory Planning Model for Social Change . . . . . . . . . 51 Other Models . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Public Participation: Its Effectiveness . . . . . . . . . . . . . . . . . . . . . 54 The Vindasius Evaluation Model . . . . . . . . . . . . . . . . . . . . 55 Evaluating Power Redistribution . . . . . . . . . . . . . . . . . . . . 55 Evaluating From the Viewpoint of the Planning Authority . . 56 Evaluating From the Citizen's Perspective . . . . . . . . . . . . . 58 The Homenuck Evaluation Model . . . . . . . . . . . . . . . . . . . 58 Evaluating the Planner's Role . . . . . . . . . . . . . . . . . . . . . . 60 Findings of Evaluation Studies . . . . . . . . . . . . . . . . . . . . . 60 CASE STUDIES Chapter 5 THE TARANAKI EXPERIENCE ........................... 63 Chapter 6 The Taranaki Region . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 The Taranaki Regional Council . . . . . . . . . . . . . . . . . . . . . . . . . 66 Committee Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Internal Structure ............................... 75 Decision-Making Activities ............................ 76 Regional Policy Statement Development . . . . . . . . . . . . . . . 76 Annual Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Consent Processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Participants' Evaluation of the Process . . . . . . . . . . . . 91 Conclusion ................................... 95 THE HAWKE'S BAY EXPERIENCE ........................ 97 The Hawke's Bay Region ............................. 97 The Hawke's Bay Regional Council ..................... 99 Committee Structure ........... -. . . . . . . . . . . . . . . . 100 Internal Structure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Decision-Making Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Chapter 7 ix Regional Policy Statement Development . . . . . . . . . . . . . . 105 Annual Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Consents Processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Participants' Evaluation of the Process . . . . . . . . . . . 124 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 THE TARANAKI AND THE HAWKE'S BAY EXPERIENCES COMPARED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 The Participatory Programmes . . . . . . . . . . . . . . . . . . . . . . . . . 131 The Taranaki Experience . . . . . . . . . . . . . . . . . . . . . . . . 131 The Hawke's Bay Experience . . . . . . . . . . . . . . . . . . . . . 134 The Target of Participatory Strategies ............ -:-. . . . . . 136 Co-option . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Annual Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 Regional Policy Statement Development . . . . . . . . . . . . . . 140 Consents Processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 The Extent of Power Redistribution . . . . . . . . . . . . . . . . . . . . . 142 Co-option . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 The Taranaki Regional Council's PRIDE . . . . . . . . . . . . . 146 Annual Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Consents Processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 NATIONAL SURVEY Chapter 8 NATIONAL SURVEY METHODOLOGY AND RESPONDENTS 154 Chapter 9 Rationale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 Research Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 The Survey Questionnaire Design . . . . . . . . . . . . . . . . . . . . . . 156 Questionnaire Despatch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Population Selection . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Despatch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161 Responses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 The Respondents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Statistical Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 PUBLIC PARTICIPATION CONCEPTS HELD BY REGIONAL COUNCIL DECISION-MAKERS ...................... 169 Democratic Versus Market Processes . . . . . . . . . . . . . . . . . . . . 169 Citizen Control Versus Tokenism . . . . . . . . . . . . . . . . . . . . . . 175 Objectives of Public Participation . . . . . . . . . . . . . . . . . . . . . . 183 Differences in Public Participation Concepts Across Respondent Characteristics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 Chapter 10 X By Age Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 By Gender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 By Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 By Position . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 By Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 By Type of Council ......... · . . . . . . . . . . . . . . . . . . . 192 Participatory Techniques Preferred . . . . . . . . . . . . . . . . . . . . . . 193 Differences in Preferred Techniques Across Respondent Characteristics . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 By Age Group . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 By Gender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 By Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 By Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 By Type of Council ........................ 203 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 204 PUBLIC PARTICIPATION PRACTICES BY REGIONAL COUNCILS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 Techniques Employed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206 Differences Across Respondent Characteristics in Techniques Employed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 By Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211 By Type of Council . . . . . . . . . . . . . . . . . . . . . . . . 218 Techniques Used Versus Techniques Preferred ......... 220 Techniques Used to the Same Extent as Stated Preference . . . . . . . . . . . . . . . . . . . . . . . . . . 222 Techniques Used to A Lesser Extent Than Stated Preference . . . . . . . . . . . . . . . . . . . . . . . . . . 223 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224 Realisation of Public Participation Objectives . . . . . . . . . . . . . . 225 Realisation of Public Participation Objectives by Respondent Characteristics . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227 By Age Group . . . . . . . . . . . . . . . . . . . . . . . . . . . 227 By Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 By Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229 By Type of Council . . . . . . . . . . . . . . . . . . . . . . . . 230 Achievement of Objectives Versus Perceived Objectives . . 231 Resources Devoted to Public Participation . . . . . . . . . . . . . . . . 235 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241 SYNTHESIS AND CONCLUSION Chapter 11 EMERGENT PERSPECTIVE ON PUBLIC PARTICIPATION IN NEW ZEALAND REGIONAL COUNCILS . . . . . . . . . . . . . . . . . . . 243 Philosophy and Practice of Public Participation . . . . . . . . . . . . . 243 Techniques Preferred and Used .................... 244 xi Targets of Public Participation . . . . . . . . . . . . . . . . . . . . 244 Results of Public Participation . . . . . . . . . . . . . . . . . . . . . 245 Regional Councils and Public Participation . . . . . . . . . . . . 245 Unitary Authorities and Public Participation . . . . . . . . . . . 247 The Public and Public Participation . . . . . . . . . . . . . . . . . 248 Effectiveness and Outcomes of Public Participation . . . . . . . . . . 251 Defining Effective Public Participation . . . . . . . . . . . . . . . 251 Factors Affecting Predisposition to Effective Public Participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253 Resources for Public Participation . . . . . . . . . . . . . . . . . . 255 Recommendations For Improving Public Participation . . . . 255 Areas for Further Research . . . . . . . . . . . . . . . . . . . . . . . . . . . 258 Appendix A PUBLIC PARTICIPATION TECHNIQUES . . . . . . . . . . . . . . . . . . . 260 Appendix B MODELS OF THE PLANNING PROCESS AND PUBLIC PARTICIPATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271 Appendix C CHRONOLOGY OF EVENTS ASSOCIATED WITH THE DISCHARGE PERMIT APPLICATION OF EGMONT TANNERIES, LTD. TO THE TARANAKI REGIONAL COUNCil__ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275 Appendix D QUESTIONNAIRES RELATIVE TO THE DISCHARGE PERMIT APPLICATION OF EGMONT TANNERIES, LTD. TO THE TARANAKI REGIONAL COUNCil__ . . . . . . . . . . . . . . . . . . . 279 Appendix E CHRONOLOGY OF EVENTS ASSOCIATED WITH THE PERMIT APPLICATIONS OF RICHMOND (fAKAPAU), LTD. TO THE HAWKE'S BAY REGIONAL COUNCil__ ................ 290 Appendix F QUESTIONNAIRES RELATIVE TO THE PERMIT APPLICATIONS OF RICHMOND (fAKAPAU), LTD. TO THE HAWKE'S BAY REGIONAL COUNCil__ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 293 Appendix G QUESTIONNAIRE FOR THE NATIONAL SURVEY OF DECISION­ MAKERS IN REGIONAL COUNCILS . . . . . . . . . . . . . . . . . . 305 BffiLIOGRAPHY -..................... ·.. . . . . . . . . . . . . . . . . . . 315 xii List of Tables 5-1. Committee Membership, Taranaki Regional Council . . . . . . . . . . . . . . . . . . 73 5-2. Mean Perceptions on Tanneries Discharge Permit Processing . . . . . . . . . . . . 94 6-1. Committee Membership, Hawke's Bay Regional Council . . . . . . . . . . . . . . 103 6-2. Submissions to the Richmond (fakapau) Consent Applications . . . . . . . . . . 119 6-3. Mean Perceptions on Richmond Consents Application Processing . . . . . . . . 127 7-1. Taranaki Regional Council Participatory Strategies & Objectives . . . . . . . . . 133 7-2. Hawke's Bay Regional Council Participatory Strategies & Objectives . . . . . 136 8-1. Viewpoints and Objectives Represented by Questionnaire Part I Statements 157 8-2. Questionnaire Statements Matching Public Participation Objectives and Their Realisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 8-3. Rating Scales Employed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 8-4. Number of Survey Questionnaires Returned . . . . . . . . . . . . . . . . . . . . . . . 163 8-5. Positions Respondents Occupied, By Council . . . . . . . . . . . . . . . . . . . . . . 166 9-1. Mean Responses, Democratic Rights Versus Market Rights . . . . . . . . . . . . 170 9-2. Mean Responses, Citizen Control Versus Tokenism . . . . . . . . . . . . . . . . . . 177 9-3. Mean Responses, Objectives of Public Participation . . . . . . . . . . . . . . . . . . 184 9-4. Concepts on Public Participation: Differences By Status . . . . . . . . . . . . . . . 187 9-5. Concepts on Public Participation: Differences By Type of Council . . . . . . . 193 9-6. Preference For Participatory Techniques . . . . . . . . . . . . . . . . . . . . . . . . . . 194 9-7. Frequency Distributions of Responses to Techniques Neither Preferred Nor Disliked . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 9-8. Techniques Preferred Differently by Genders . . . . . . . . . . . . . . . . . . . . . . 200 9-9. Techniques Preferred Differently by Type of Council . . . . . . . . . . . . . . . . . 203 xiii 10-1. Participatory Techniques Employed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207 10-2. Techniques Employed: Perceptions by Type of Council . . . . . . . . . . . . . . . 219 10-3. Paired Comparisons of Stated Preference and Perceived Use of 19 Techniques . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221 10-4. Realisation of Public Participation Objectives . . . . . . . . . . . . . . . . . . . . . . 226 10-5. Achievements of Public Participation: Perceptions by Type of Council . . . . 231 ·~ 10-6. Expected and Perceived Results of Public Participation . . . . . . . . . . . . . . . 233 10-7. Estimated Average Annual Budgets and Number of Planning Personnel . . . . 236 10-8. Resources Devoted to Public Participation . . . . . . . . . . . . . . . . . . . . . . . . 237 xiv list of Figures 2-1. Local Government Structure in New Zealand . . . . . . . . . . . . . . . . . . . . . . . . 9 2-2. Local Government Boundaries, North Island . . . . . . . . . . . . . . . . . . . . . . . . 11 2-3. Local Government Boundaries, South Island . . . . . . . . . . . . . . . . . . . . . . . . 12 3-1. Relationship Between Annual and District Plans . . . . . . . . . . . . . . . . . . . . . 21 3-2. Formal Stages in Regional Policy Development . . . . . . . . . . . . . . . . . . . . . . 23 3-3. Coastal Plan Preparation Process .... . ......................... . . 25 3-4. Resource Consent Processing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 4-1. Eight Rungs on a Ladder of Citizen Participation . . . . . . . . . . . . . . . . . . . . 40 4-2. Three Dimensions of Participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 4-3. An Evaluation Schema for Public Participation . . . . . . . . . . . . . . . . . . . . . . 57 4-4. Homenuck's Evaluation Framework .............................. 59 5-1. The Taranaki Region . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 5-2. Taranaki Employment By Major Industrial Division . . . . . . . . . . . . . . . . . . . 65 5-3. Taranaki Regional Council and Staff Structure . . . . . . . . . . . . . . . . . . . . . . 69 5-4. Ethnicity of the Taranaki Regional Population . . . . . . . . . . . . . . . . . . . . . . . 75 5-5. Taranaki Policy Development Process . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 5-6. Input Integration to Taranaki Policy Development . . . . . . . . . . . . . . . . . . . . 79 5-7. Annual Planning Procedure, Taranaki Regional Council . . . . . . . . . . . . . . . . 87 6-1. The Hawke's Bay Region . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 6-2. Rural-Urban Distribution of Hawke's Bay Regional Population . . . . . . . . . . . 99 6-3. Committee Structure, Hawke's Bay Regional Council . . . . . . . . . . . . . . . . 101 6-4. Internal Structure, Hawke's Bay Regional Council . . . . . . . . . . . . . . . . . . . 104 XV 6-5. Hawke's Bay Regional Policy Statement Development Process . . . . . . . . . . 107 6-6. Annual Planning Process, Hawke's Bay Regional Council . . . . . . . . . . . . . 114 8. Respondents' Age . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 9-1. Agreement to the Idea: "Citizen Groups Not to Influence Councillors' Decision-Taking" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 9-2. Responses to the Statement "The Average Ratepayer Knows Best" 178 9-3. Responses to the Statement "Have-Not Citizens To Be Included in Political Processes" . . . . . . . . . . . . . . . . . ·r-:-. . . : • • • • • • • • • • • • • • • • • • 179 9-4. Responses to the Statement "Council To Help Form Community Organisations" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 9-5. Responses to the Statement "Written Submissions Sufficient For Public Participation" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 9-6. Responses by Age Group to the Statement "Ratepayers To Veto A Council's Decision" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185 9-7. Responses by Position: "Public Should Help Formulate Controversial Plans" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 9-8. Responses by Position to the Statement "The Average Ratepayer Knows Best" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190 9-9. Responses by Position to the Statement "Public Discussion of All Meeting Items" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 9-10. "Consider Residents' Ideas Before Decision-Taking": Responses by Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 9-11. Preference by Age Group For Public Hearings . . . . . . . . . . . . . . . . . . . . . 198 9-12. Preference by Age Group For Small Group Discussions . . . . . . . . . . . . . . . 199 9-13. Preference For Exhibitions: By Council . . . . . . . . . . . . . . . . . . . . . . . . . . 201 9-14. Preference For Television & Film: By Council . . . . . . . . . . . . . . . . . . . . . 202 10-1. Use of Open Council Meeting: Perceptions by Council . . . . . . . . . . . . . . . 212 10-2. Use of Public Meeting: Perceptions by Council . . . . . . . . . . . . . . . . . . . . 213 10-3. Use of Exhibition: Perceptions by Council . . . . . . . . . . . . . . . . . . . . . . . . 214 xvi 10-4. Use of Hotline: Perceptions by Council . . . . . . . . . . . . . . . . . . . . . . . . . . 215 10-5. Use of Citizens' Advisory Group: Perceptions by Council . . . . . . . . . . . . . 216 10-6. Use of Advocacy Planning: Perceptions by Council 217 10-7. Use of Television and Film: Perceptions by Council 218 10-8. Realisation of Education Objective (Question 4-5): Responses by Age Group . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228 10-9. Responsiveness to Regional Interest (Question 4-7): Attainment by Council 229 10-10. Adequacy of Participatory Resources: Perception by Age Group . . . . . . . . 240 2 Chapter 1 INTRODUCTION Background The first comprehensive and integrated review of New Zealand laws governing the management of the country's natural and built resources resulted in the enactment of the Resource Management Act 1991 1 • The passage of the Act, which culminated the largest law reform of its kind in the country's history, demonstrates the Government's conunitment to reforming New Zealand's domestic laws on environmental matters2 • Where the previous planning statute, the Town and Country Planning Act 1977, focused on the direction and control of the use and management of resources, the Resource Management Act 1991 places emphasis on the control of any adverse effects activities might have on the environment. In this way, the New Zealand planning system has moved away from detailed regulation to minimal intervention in so far as the outcome of any developmental activity is concerned. Palmer (1989) considers the Resource Management Act, which became effective on 1 October 1991, as providing greater efficiency in the planning and consent processes, entailing a much greater involvement by the public and by local authorities (Storey, 1992). Regional councils were given two years to formulate their respective policy statements and plans. At the same time, resource consents have been applied for and, in many instances, granted under the Act. On 7 July 1993, Parliament enacted the Resource Management Amendment Act 1993, which deals largely with technical amendments designed to smooth out ambiguities in the decision-making processes laid down by the original Act (Storey, 1992). The Sixth, Seventh, and Eighth Schedules of the Resource Management Act 1991 show that 59 statutes and 19 regulations/orders were repealed and that 54 statutes and two regulations were amended. 2 This resource management law reform exercise is part of a major reform exercise, begun in 1985, involving national environment administration reform (State-Owned Enterprises Act 1986, and Conservation Act 1987) and local government reorganisation (Local Government Amendment Acts 1988 and 1989). Particularly, in the nationwide reform of local government, local authorities were required to uphold the concept of public accountability through o the publicity of their plans and priorities for the current year; o the observance of a special consultative procedure3 in order to give the public a chance to comment on the published plan; and o the reporting of the local authorities' performance over the year, as measured against the approved plan. At the same time, a three-tier system of government at central, regional, and local levels was established. At the regional level, the creation of regional councils was rationalised and mandated nationwide, largely as a mechanism to provide leadership in establishing broader community policies and to serve as a link between central and local government levels. Through the 'reformed' local government structure and the 'reformed' planning procedures, the public has been allowed active involvement in the decision-making process. However, are decision-makers in newly-established regional councils agreed on what public participation entails? Are regional councils undertaking participatory activities beyond those required by law? Or are they involving the public only to the extent that statutes ask them to? The focus of this thesis will be on these questions and similar matters. Thesis Goal The thesis aims to analyze the philosophy and practice of public participation in New The special consultative procedure will be discussed in Chapter 3. 4 3 Zealand regional councils begun since the establishment of these councils in 1989. The concept of public participation means different things to different people (Rosener, 1978)4 • For the purpose of this thesis, public participation is defined as the active involvement of the public, comprised of individuals and groups outside the planning agency, in its decision-making processes. Thesis Objectives This study aims to achieve the following objectives: o to critically examine the philosophies of public participation held by decision­ makers in New Zealand Regional Councils; o to establish the relationships between these philosophies of public participation and the actual practice of public participation; and o to assess the effectiveness of public participation processes adopted by New Zealand Regional Councils. Thesis Outline and Methodological Approach The thesis has four parts. The first part seeks to provide a foundation for the material that will be subsequently discussed. Planning institutions in New Zealand are first described (Chapter 2), after which the development of public participation in New Zealand planning is traced (Chapter 3). Then, a review of the current literature on public participation in planning is made (Chapter 4). The second part deals with case studies of two regional councils in New Zealand. The Taranaki Regional Council was selected after the assistance of the Ministry for the Environment (Veart, pers. corn., 1993) was sought and obtained in identifying The problem of defining public participation is discussed in detail in Chapter 4. 4 North Island regional councils which have made substantial progress towards involving the public in planning processes. The Hawke's Bay Regional Council was chosen because of its close geographical proximity to Palmerston North, which assisted in the research process. This council is seen as reasonably typical of New Zealand regional councils. Further, it is the first regional council to publicly notify its regional policy statement. Data collection consisted of visits, each lasting from three to five days, to the offices of these two Regional Councils from July 1993 to January 1994. During these visits, council documents were gathered in an effort to determine the processes observed by each council in annual plan formulation and in regional policy statement development. For consents processing, it was decided that a case study of a notified consent application be undertaken to illustrate the extent of public involvement in the council's regulatory function. The Consents Managers were thus asked to nominate .. a particular consent application for this purpose. Apart from council documents, interviews with council officers helped to ascertain the overall participatory strategy the council subscribed to. Finally, a survey of both submitters and consents applicants was undertaken to solicit their assessment of the consents process of the council. The findings of the case studies are presented in Chapters 5 and 6. Evaluation of the participatory activities, as well as a comparison between the two Councils, is likewise attempted (Chapter 7). Focus is put on four aspects: the techniques employed in generating public input; the goals and objectives that appear to be actively pursued by these activities; the composition of the 'public' targeted by the council; and the extent to which public input is considered in the decision-making process. Part three of the thesis presents the findings of a national survey of key regional decision-makers. The design and construction of the survey questionnaire and the selection of the survey popul~tion are set out in Chapter 8. This is followed by the presentation and discussion of participatory concepts held by the survey respondents 5 (Chapter 9), and a description and analysis of participatory practices in New Zealand regional councils (Chapter 10). Finally, Chapter i 1 endeavours to integrate the findings from the theoretical literature review, the case studies and the national survey leading to a series of conclusions about the emerging philosophy and practice of public participation in New Zealand regional councils. A number of limitations to the methodological approach needs to be acknowledged. Firstly, the in-depth case studies focus only on two regional councils, not on the entire twelve regional councils. Therefore, there is an element of selectivity in the case study analyses which may lead to some bias in the results and the conclusions. Secondly, the postal survey of all twelve regional councils and four unitary authorities only focused on the perceptions of key decision-makers - council chairperson, planning and regulatory committee chairpersons, the general manager, and planning and regulatory officers - within the council. It did not ascertain the perceptions of the general public and other participants in the decision-making process. A more comprehensive survey of 'public participation in New Zealand regional councils' would need to encapsulate these perspectives. Nevertheless, the public perspective was surveyed in the case studies of the processing of two actual consents applications in the in-depth studies of two Regional Councils. OVERVIEW Chapter 2 NEW ZEALAND PLANNING INSTITUTIONS The thesis makes references to different governmental bodies in New Zealand. To provide a proper perspective on the roles of these bodies vis-a-vis the planning process, it is necessary that a discussion of the planning institutions be made. Role of Central Government in Planning New Zealand has no written constitution. Instead, formal legal documents such as statutes and court decisions constitute its fundamental expression of national ethos, embodied in its legislature, Parliament, which is composed of the Governor-General and the elected House of Representatives, the country's only sovereign body. Asia Pacific Economic News ( 1991) identifies four important functions for Parliament: o It provides the Government, since the Cabinet, the decision-making body of the executive government, is formed out of the majority of an ·elected Parliament; o It authorises the spending of public money, as a law is required before the Government can spend taxpayers' money; o It supervises the Government, as the Ministers of the Crown, who ensure the daily operation of the Government, are also Members of Parliament, with responsibilities to their constituents and to the House of Representatives; and o It enacts laws, thereby giving legal form to decisions made by the majority 8 party that runs the Government. Thus, Central Government is seen to provide the legislative (or functional), financial, and administrative framework for government planning. With the deregulation and liberalisation of the economy since 1984, little planning is done at the central level. There are, however, 42 state service ministries, departments and offices, and a multitude of advisory bodies, statutory corporations, companies, councils, commissions, committees, tribunals, and other organisations loosely connected to ·~ Government (Department of Statistics, 1993). These agencies are responsible for policy development and operational functions, which are limited to those few remaining areas where the Government still has presence (e.g., income support). Local Government in New Zealand In this way, matters of local importance are dealt with by local authorities, corporate bodies created by Parliament, thereby making them what Bush ( 1980Y terms as 'creatures of statutes'. The purposes of local government are defined in the Local Government Act 197 4, as amended, 1 providing, at appropriate levels (Figure 2-1 ), a recognition of the existence of different communities of interest with varying identities and values in New Zealand; the definition and enforcement of appropriate rights within these communities; a scope for communities to make choices between different kinds of local public facilities and services; the operation of trading undertakings on a competitively neutral basis; the delivery of appropriate facilities and services on behalf of central government; the efficient and effective exercise of the functions, duties and powers of the components of local government; and the effective participation of local persons in local government. See s.37K, Local Government Act 1974, as inserted by s.5(1), Local Government Amendment Act (No.2) 1989. Figure 2-1. Local Government Structure in New Zealand .---------il CENTRAL GOVERNMENT }t--------, REGIONAL COUNCIL Directly Elected ! ASSUMES FUNCTIONS OF: Regional Planning & Civil Defence Maritime Planning lbe functions of Catchment & Regional Water Boards Existing functions of Regional Authorities Such other functions as the Council may see as appropriate (e.g. Transport) ! RESPONSffill.JTIES Primary role in: Resource Management, Planning and other Regulatory Functions Establishment of Rural Services Committee -< ROLES ~ Separate & Distinct but Complementary TERRITORIAL AUTHORITY Directly Elected CITY COUNCIL L DISTRICT COUNCIL J COMMUNITY BOARDS 20 000+ Population Criteria: Community of Interest Local Agreement Geographical Isolation SERVICE CENTRES RESPONSffill..ITIES Access for Citizens to Local Government System with minimum of Bureaucratic Uncertainty 9 Local authorities in New Zealand fall into two categories: Regional Councils and Territorial Local Authorities, both of which are directly elected (see Figures 2-2 and 2-3 for local authority boundaries.) Regional Councils The twelve regional councils in New Zealand, eight of which are on the North Island and four on the South Island, are primarily responsible for the management of New Zealand's natural and physical :;esources. They set policies on such regional concerns as noxious plants and pest management, water allocation and quality, use of lakes and rivers, ~oil conservation, natural hazard mitigation, coastal management, hazardous waste management, and air pollution control. They are also responsible ~ 10 for civil defence coordination, transport planning, harbour management, and maritime planning. Territorial Local Authorities Territorial local authorities, on the other hand, deal mainly with providing basic physical services such as water supply, roads, sewage disposal, and rubbish collection. They also provide added amenities like parks, recreational facilities, libraries, and community centres, with additional responsibility for essential regulatory duties such as public health inspection of premises, the grant of building permits, ftre control, noise control, fencing, dog control, and the supervision of liquor licenses. More importantly, they carry out land use planning, subdivision approval, and civil defence. Within territorial local authorities are 115 community boards, representing a ward or a combination of wards, exhibiting a distinct community of interest as identified by the authority, which serve as planning advocates for the community and as a means for the authority to consult with the community. Not intended to be another tier of local government, the community boards are either partly elected by the community and partly appointed by the authority from its members, or entirely elected. Under the reorganised local government structure, territorial authorities consist of 14 city councils, 55 district councils, four unitary authorities, and the Chatham Islands County Council. The unitary authorities, although categorised as territorial authorities, perform the functions of a regional council and a territorial authority. Figure 2-2. Local Government Boundaries, North Island I Far North District 2 Whangarei District 3 Kaipara District 4 Rodney District 5 North Shore City 6 Waitakere City 7 Auckland City 8 Manukau City 9 .Papakura District I 0 Franklin District II Tharnes-Coromandel District 12 Hauraki District 13 W aikato District 14 Hamilton City 15 Matarnata-Piako District 16 Tauranga District 17 Western Bay of Plenty District 18 Waipa District 19 Otorohanga District 20 South Waikato District 21 Rotorua District 22 Kawerau District 23 Whakatane District 24 Opotilci District 25 Gisbome District 26 Wairoa District 27 Taupo District 28 Waitomo District 29 New Plymouth District 30 Stratford District 31 Ruapehu District 32 South Taranaki District 33 Wanganui District 34 Rangitikei District 35 Hastings District 36 Napier City 37 Central Hawke's Bay District 38 Manawatu District 39 Palmerston North City 40 Horowhenua District 41 Tararua District MANAWATU -WANGANUI 42 Masterton District 43 Kapiti Coast District 44 Porirua City 45 Upper Hutt City 46 Wellington City 47 Lower Hutt City 48 South Wairarapa District 49 Carterton District REGION • Unitary Authority I~ Kilometre• 38 HAWKES BAY WELLINGTON REGION REGION 11 Figure 2-3. Local Government Boundaries, South Island 50 Tasman District 51 Nelson City 52 Marlborough District 53 BuUer District 54 Grey District 55 Kaikoura District 56 Hurunui District 57 W aimakariri District 58 Selwyn District 59 Christchurch City 60 Banks Peninsula District 61 Ashburton District 62 Westland District 63 Mackenzie District 64 Tirnaru District 65 Waimate District 66 W aitaki District 67 Queenstown-Lakes District 68 Central Otago District 69 Dunedin City 70 Clutha District 71 Gore District 72 Southland District 73 InvercargiU District SOUTHLAND 73 REGION~ • Unitary Authority ISO Kilometres 12 13 The Planning Tribunal Appeals on, and disputes arising from, decisions made by local authorities are heard and resolved by the Planning Tribunal, a specialised District Court created to help regulate, monitor, and enforce planning legislation. The Tribunal exercises its civil jurisdiction by adding and substituting parties, summoning witnesses, administering oaths, ordering the discovery or production of documents, hearing evidence, conducting proceedings, and maintaining order. It consists of five planning judges, who are either District Court or Maori Land Court judges, and ten planning commissioners, who possess knowledge and experience in economic, commercial, and business affairs, local government, and community affairs; planning, resource management, and heritage protection; environmental science; architectural, engineering, surveying, minerals technology, and building construction; and matters relating to the Treaty of Waitangi3 and Maori concerns4 • One planning judge and one planning commissioner constitute a Planning Tribunal sitting, although one planning judge can sit alone on issues involving questions of law and one planning commissioner can sit alone when directed to by the Chief Planning Judge. The decisions of the Tribunal are final unless it is reheard by the Tribunal itself, because of new and important evidence, or because circumstances that might affect a decision change after a decision has been rendered, or an appeal to the High Court has been made on a point of law. S.278, Resource Management Act 1991. The Treaty of Waitangi, signed on 6 February 1840, by representatives of the Queen of England and 500 Maori chiefs in New Zealand, granted all rights and privileges of British citizenship to the Maori, the original settlers of New Zealand. Under the Treaty, the chiefs ceded governorship (kawanatanga) over their respective territories to the Crown. In return, the Crown would guarantee them absolute authority (tino rangatiratanga) over their lands, villages, and all things of value (taonga) (Manatu Maori, 1991). S.253, Resource Management Act 1991. S.295, Resource Management Act 1991, and s.299, Resource Management Act 1991, as amended by s.137, Resource Management Amendment Act 1993. Chapter 3 PUBLIC PARTICIPATION AND THE PLANNING PROCESS IN NEW ZEALAND History and Development The practice of public participation is not new in New Zealand. Opportunities for public involvement in the planning process were first legislated for in 1953 (Morris, 1979) although Williams ( 1985) contends that these were limited in practice. However, the wave of public protests generated against such Government decisions as the Springbok rugby tours, New Zealand involvement in the Vietnam War, and the development of Lake Manapouri (Sears and Crothers, 1979; Wils, 1988), alerted planners to the dangers of not involving the public in plan formulation and led to tentative experimentation in the use of participatory programs (Town, 1979). The experiences of such city councils as Wellington, Upper Hutt, Dunedin, Palmerston North, and Christchurch (Ministry of Works and Development, 1978b) served then as outstanding examples of participatory methods that worked well in the New Zealand setting. Therefore, a climate was fostered where public involvement became more and more possible and acceptable for a greater range of people. Parliament acknowledged the situation by prescribing opportunities for public participation in the decision-making process in such statutes as the Town and Country Planning Act 1977 and the Water and Soil Conservation Act 1967 (Town, 1979; Conway, 1979; Baumgart, 1979; Ministry of Works and Development, 1979). Robertson ( 1979) attempted to analyze these New Zealand legislation in relation to the ladder of citizen participation (Arnstein, 1969)1 and found that public See page 39 for a discussion of the ladder of citizen participation and page 176 for a discussion of the findings of Robertson (1979). 15 involvement in the preparation of the district planning scheme, as prescribed under the Town and Country Planning Act 1977, ranked highest in terms of the degree of delegation of power to the public. Opportunities for public involvement in regional planning, also mandated by the Town and Country Planning Act 1977, ranked lowest, while opportunities authorised by other statutes, lying in between, provided limited participation. Thus, although opportunities for public participation were legally sanctioned, these varied between statutes, and generally resulted in a low degree of power redistribution. The Local Government Business Group ( 1992) concludes that the extent of public participation varies widely between local authorities and between planning rounds. Some authorities confine themselves to the minimum methods required by legislation while others make use of supplemental techniques. As McRae ( 1988) notes, statutorily-prescribed formal participatory procedures tend to be inflexible and appear to daunt community interests, leading the public to resort to informal processes like writing letters to newspapers and joining radio talkback shows which, to be effective, require the attention of the planning authority. However, not all New Zealanders express their views on planning matters. Sears and Crothers ( 1979) conclude that participation seems to be associated with people who have stayed long enough, or intend to stay for a long period, in an area; occupy their own houses, preferably in higher-valued property areas, or are members of citizen organisations. In the latter case, individuals form or join citizen groups mainly as a consequence of changes affecting their area or from feeling powerless to influence council policies (Morris, 1979). The New Zealand public is more likely to want to participate in issues that might adversely affect them directly, and when they do get involved, are more likely to express their objection to, rather than their support of, an issue (Ministry for the Environment, 1988b). This validates the observation made by Pritchard (1979) that most people object 'hysterically' ~o small-scale planning applications, such as placing a small restaurant on an old commercial location at the comer of a residential street, 16 but shy away from involvement in large-scale issues, such as the subdivision of a remote rural farm for coastal development. This situation may be explained by the public's lack of appropriate technical background requisite for making informed judgments, especially where options demanding competing and conflicting considerations are presented. The media's role in disseminating information to the public is considered by Wakem ( 1979) as critical towards ensuring greater communication between the planning authority and the citizens within its area of jurisdiction and generating informed debate within the community. If participants have access to all information, good relations with the media, previous experience in participatory exercises, professional assistance, and dedication to the issue under consideration, their participation will more likely be effective (Thorn, 1984 ). But, if the planning authority provides poor feedback to the participants, such experience tends to be negatively judged (James, 1990). The then existing planning legislation imposed, on the general public, a difficulty in understanding and participating in resource management decisions. The Town and Country Planning Act and other resource use legislation required overlapping, and, in some cases, duplicating consents. The legal and adversarial mode was relied upon to resolve conflicts where negotiation could have been more effective and efficient. Different government departments sought their own legislation and procedures to deal with matters that could have fitted into the planning system. The National Development Act 1979, for instance, was enacted to prevent delays, presumably as a result of anticipated public opposition, in the implementation of major projects the Cabinet deemed to be of national importance. Boyle (1986) analyzed this statute and concludes that it was structured to separate public participation from key decision­ making stages, thereby excluding practical questions about goals and values from the planning agenda. These concerns could have been properly addressed were there public input into the _decision-making process. Instead, public participation was used to nominally legitimate the decisions already made, as in the case of 'Think Big' 17 projects, which comprised a national growth strategy developed to meet power demands but later found to have been inaccurately forecast (Fourth Estate Newspapers, Ltd., 1984). Strong opposition to the environmental implications of these projects led to the enactment of the National Development Act Repeal Act 1986, but not after the decisions to construct a methanol plant and a synthetic petrol plant were taken under the process outlined by the National Development Act 1979. Law Reform Cognisant of this weakness of the law, the Government constituted a Task Group on Public Participation during the resource management law reform exercise to draft the objectives and principles for public participation in resource management. In considering such issues as the rights of groups and individuals to participate in decision-making, the cost-effectiveness of various approaches to public participation and the implications of the Treaty of W aitangi, to name only three, the Task Group was guided by the definition of public participation as "a process for making wise decisions on resources with respect to clearly expressed societal goals. This would involve better channels for communicating individual and collective values" (Ministry for the Environment, 1988a: 4). Indicative of the universal lack of consensus about the concept of public participation, the Task Group could not categorically identify the objectives and principles for public participation. Instead, it expressed three varying perspectives on public participation, based on the o Treaty of W aitangi interpretation of governance; o market/property rights/ownership argument; and o citizens' rights/democratic argument. 18 Treaty of Waitangi Perspective The Maori-Crown partnership commitment under the Treaty of Waitangi was seen to demand effective ways and means for the sharing of power over natural and physical resources, especially since Maori see themselves as part of the environment and thus seek to conserve it for present and future generations. This concern for the resources implies that the Maori will always consider they have a special interest in the management of the environment. Hence, proponents of this perspective argue that public participation in New Zealand planning processes should acknowledge and provide for this interest. Market/Property Rights/Ownership Argument Direct participation occurs in the market for property or use rights. Thus, ownership obtained in this way brings with it a right to decide how the resources owned will or will not be used. Property rights may either be private, where ownership has been achieved through the purchase of the resource, or common, where ownership has been conferred through the grant of a license. Conflict over how resources should be used are resolved informally, either by referring to common law on the allocation of rights, by negotiation and consultation, or by the sale and purchase of development or use rights. Hence, individual and corporate participation in government decision­ making is seen by the proponents of this school of thought to hinge upon their entry into the market for property or use rights. Citizens' Rights/Democratic Argument This perspective is founded on the concept of democracy and open government, where all people in the society are provided with the freedom and the necessary information so they can become involved in decisions that affect their environment. Its advocates contend that a democratically-elected government may, on the grounds of public interest, ·constrain individual and corporate property rights through regulations and other legislative mechanisms, even at the expense of market ,.. 4 .. 19 processes. The Policy-Making and Planning Process at the Regional Level The functions of regional councils in New Zealand are governed by the Local Government Act 1974 as amended, which mandates annual planning and reporting, and the Resource Management Act 1991 as amended, which deals with the sustainable management of natural and physical resources2 • Under these statutes, the regional council prepares four planning documents, namely: o An annual report concerning plans, which outlines, in detail for the current year and in general terms for the next two years, the council's policies and objectives, activities, and performance targets, together with indicative costs, sources of funds, and rating policy3 ; o Regional policy statements, which provide an overview of the region's resource management issues and the policies and methods to achieve an integrated management of the region's natural and physical resources4 ; o A regional coastal plan, which concerns the allocation of coastal space and the control of the effects of the use of the region's coastal marine area5 , and addresses water quality, water surface activities, the taking of water, natural hazards and hazardous substances, the use of land and other natural and physical resources, an occupation of foreshore or seabed space owned by the Crown or the regional council, and the extraction of sand, shingles, shells, and other natural materials; and Planning at the district and city levels is also governed by these two statutes. However, discussion of the local planning process will be limited to the regional level, which is the concern of this study. S.223D, Local Government Act 1974, as repealed and substituted by s.16(1 ), Local Government Amendment Act 1991. · S.59, Resource Management Act 1991. S.64, Resource Management Act 1991, as amended by s.35, Resource Management Amendment Act 1993 . 20 o Regional plans that the council may decide to produce, on its own initiative or following a meritorious request from any member of the public, which address specific regional resource management issues or areas. The Planning Process A model presented by Tremaine ( 1991) shows the relationship between the annual plan and the district plan, which succinctly outlines the local planning process, Figure 3-1. Although designed for territorial authorities, it contains the basic steps a regional council would observe. The process begins with the identification of local short-, medium-, and long-term issues and acceptable outcomes, leading to the formulation of the annual plan, a series of steps that constitutes what Fookes ( 1988) refers to as the policy-making decision process. Rule-making then follows, where alternative implementation techniques are identified and evaluated and the best practicable option is adopted in the regional plan, which may include rules that prohibit, regulate, or allow activities6 • Monitoring and review conclude the process, where trends and outcomes are assessed as a means of determining whether plan changes are necessary or not. S.68, Resource Management Act 1991, as amended by s.37, Resource Management Amendment Act 1993. 21 Figure 3-1. Relationship Between Annual and District Plans INPUTS OUTPUTS Identify local sociaUeconornic/cultural ( Public and Sector Group J environmental issues and range of l Consultation acceptable outcomes. Draft Corporate Plan and Research issues and identification of release of discussion ,.......... short, medium and long term issues documents on major/ contentious issues (1-3 years) ~ ./ , Strategic Statement (3+ years) and release of discussion documents on longer term strategic issues ' Address short/medium term issues as part / Annual Plan/ of the annual plan process and incorporate I Strategic Statement long term issues into strategic statement Develop District Plan Policy re: issues relating to the management or use, development and protection of natural and physical resources. Identify Alternative Implementation Techniques ~ Evaluate Regulation Alternatives Service Delivery Education/Promotion ( " Prepare District Proposed District Plan/ J Plan l Operative District Plan Establish and Implement ( " Monitoring and Review Monitor Reports/ J Process I Trends/Outcomes Copyright Palmerston North City Council 7 22 The First Schedule of the Resource Management Act 1991, as amended by sections 209-220 of the Resource Management Amendment Act 1993, sets out a standard process for the preparation of regional policy statements and plans other than the regional coastal plan, Figure 3-2, which involves consultations with the Minister for the Environment, other affected Crown Ministers, tangata whenua1 , local authorities, and any other persons a regional council may deem likely to be affected by a proposed policy statement. Public submissions are then solicited for a period of 40 working days after the proposed policy statement is notified, after which further submissions on the submissions received are solicited for a period of 20 working days after public notification of the availability of a summary of decisions requested by the submitters to the proposed policy statement. The regional council is then required to hold a public hearing into the submissions, issuing a notice of the date, time, and place where such hearings will be conducted to every submitter who requested to be heard, at least ten working days bf>fore the hearing is to commence, and to then make decisions on the submissions. Any submitter has the right to lodge, within 15 working days of the notification of the council's decision on the proposed regional policy statement, an appeal to the Planning Tribunal on any provision contained in, or omitted from, the policy statement. The Tribunal, after a public hearing on the appeal, may confirm or direct the regional council to either modify, delete, or insert any provision referred to it. When the policy statement is accordingly amended, which need not involve any formality if such alteration is minor, it is finally considered, during which time the seal of the council is affixed to the policy statement and a public notice is made of the date such policy statement is to become operative at least five working days before such date. Literally, the people of the land. The Resource Management Act 1991, however, defines the term as the iwi, or tribe, that holds mana whenua, or the customary authority, over a particular area (s.2, Resource Management Act 1991). 23 Figure 3-2. Formal Stages in Regional Policy Development Drafting of proposed regional policy statement, in consultation with the Ministry for the Environment, affected Crown ministers, tangata whenua, and local authorities . t-- Public notification of proposed regional policy statement Submissions lodged within 40 working days Public notification of submissions received Further submissions accepted within 20 working days Council hearing, a notice for which has to be sent out at least I 0 working days before Council decision notified and reasons documented If no appeals are to be lodged with the Planning Tribunal, regional policy statement is adopted; otherwise, the proposed regional policy statement is referred to the Planning Tribunal within 15 days of the notification of the Council's decision Planning Tribunal conducts hearing Planning Tribunal reports and makes a direction to the local authority Council adopts regional policy statement 24 The preparation of the regional coastal plan follows the same process, with three slight variations, Figure 3-3. First, in addition to those bodies to be consulted within the formulation of the proposed regional policy statement, the regional council is required to consult with the Minister of Conservation as to the contents of the coastal plan, the Minister of Transportation as to navigation and marine pollution matters, and the Minister of Fisheries on fisheries and aquaculture activities management. Second, instead of lodging an appeal to the Planning Tribunal, a submitter makes an inquiry, and the Tribunal, after holding a public hearing, reports its fmdings to the applicant, the regional council concerned, and the Minister of Conservation, which may include a direction to the council to modify, delete items from, or add to, the regional coastal plan. Third, after the council seal is affixed to the plan, it is then referred to the Minister of Conservation, who may either require the plan to be amended or approve it by signing. The involvement of the Minister of Conservation in this process is meant to ensure that any regional coastal plan is consistent with the New Zealand coastal policy statement, which contains policies about national priorities for the preservation of the character of the country's coastal environment, the protection of the characteristics of the coastal environment of special value to tangata whenua, and the circumstances in which the Minister of Conservation will decide resource consent applications relating to activities likely to have any adverse effects on the coastal marine area, among other things8 • S.58, Resource Management Act 1991. 25 Figure 3-3. Coastal Plan Preparation Process The proposed plan is prepared by the Regional Council in consultation with the Minister of Conservation, the Minister of Transport, and the Minister of Fisheries, in addition to the Minister for the Environment, other affected Crown ministers, tangata whenua, and local authorities Public notification and service on stated bodies Receipt of submissions, and presentation of summary of submissions Opportunity for further submissions Hearings, decisions, reference of decisions to Planning Tribunal for an inquiry Public hearing is held and findings are reported to appellant, local authority, and Minister of Conservation; report may include a direction to make changes to the plan Council changes plan in accordance with Tribunal's direction, and adopts the plan by special resolution Plan sent to Minister of Conservation for approval Minister may require amendments to the plan, giving reasons (the Minister may only require a change which is in conflict or inconsistent with a direction of the Tribunal if he/she made a submission on that matter to the Tribunal) The Minister approves the plan by signing it 10 26 Public Participation Opportunities Local government public accountability is statutory, as every local authority is expected to conduct its business in a comprehensible manner, open to the public9 • In addition, the public can have access to documents and meetings under the Local Government Official Information and Meetings Act 1987. Thus, for every proposal, being an intention to act, or a draft plan or policy a regional council considers, a special consultative procedure is required10 • This involves placing a notice of the proposal before a meeting of the council; notifying the public in a local newspaper, specifying the period within which submissions may be made to the council; allowing people who may want to make submissions to be heard by the body hearing the submissions; ensuring that all meetings where the submissions are heard are open to the public, and making all written submissions available to the public. In the preparation of planning documents, public consultation is conducted in order to identify regional issues. In the case of resource management issues, preliminary consultations with the tangata whenua are required. Such consultations are intended either to inform, share with, seek the opinion of, or seek information from the Maori community of local descent. Another opportunity for public involvement lies in the provision that any person can request the regional council to change a regional plan or a regional coastal plan, or prepare a regional plan other than the coastal plan, which request the council may either o adopt, in whole or in part, as if it were a proposed plan made by the council itself, in which case the council has to publicly notify the change within four months of agreeing to adopt it; S.223C, Local Government Act 1974, as inserted by s.24(1), Local Government Amendment Act (No.2) 1989. . S.716A, Local Government Act 1974, as inserted by s.39, Local Government Amendment Act (No.2) 1989. I . ' II 12 13 27 o treat as a resource consent application, m which case the procedures for consent processing is observed; or o reject, in whole or in part, on the grounds that the request is frivolous or vexatious, has been considered and given effect to, or rejected by, the council or the Planning Tribunal within the last two years, is not in accordance with sound resource management practice, would make the plan inconsistent with a policy statement or any other plan, and involves a plan that has been operative for less than two years 11 • Regional policy statements and plans are reviewed ten years after becoming operative12 • In this instance, and when policy statements are changed prior to this13 , the public is still involved, through consultations, submissions, and hearings . As regards its regulatory functions, a regional council is responsible for the grant of water permits, which involve the taking, use, damming, and diversion of water and geothermal energy; discharge permits, which involve the discharge of contaminants into or onto land, air or water, and of water into water; coastal permits, which involve the use of the region's coastal area; land use consents for soil conservation, natural hazards, and hazardous substances; and land use consents for certain uses of lake and river beds. Clauses 21-26, Part II, First Schedule, Resource Management Act 1991, as repealed and substituted by s.220, Resource Management Amendment Act 1993. S.79, Resource Management Act 1991. Only the Minister of the Crown, the regional council, or a territorial authority within the region can request for a change in a regional policy statement (sub-clause 21(3), Part II, First Schedule, Resource Management Act 1991, as repealed and substituted by s.220, Resource Management Amendment Act 1993). 28 Figure 3-4. Resource Consent Processing Resource consent application to relevant local authority Further information may be required at any reasonable time before the hearing Procedure may be deferred pending other applications (applicant may appeal deferral) Public notification within I 0 working days of receipt of application/further information; for non-notified applications, Council decision is made Submissions lodged by any person within 20 working days of public notification -------------L------------- May be pre-hearing meeting -------------r------------ Hearing (may be joint or combined) conducted within 25 working days of close of submissions, with 10 working days notice of date of hearing Decision (within 15 working days of conclusion of hearing, or if no hearing, 20 working days after close of submissions) and notification of decision (within 15 working days of notice of decision being received) Appeal to Plannin~ Tribunal 29 The granting of these resource consents involves a process of public notification, submissions, pre-hearing meetings, and hearings, Figure 3-4, except when the activities for which applications for these consents are lodged pertain to controlled activities, where a written approval from every person who would be adversely affected has been obtained, or where the regional plan expressly states that such written approval need not be obtained; and discretionary and non-complying activities, whose adverse effects on the environment are deemed minor and where written approval from every person who would be adversely affected has been obtained. When a resource consent is in force, any person can apply to the Planning Tribunal for the issuance of an enforcement order, which restrains the undertaking of an unlawful activity, or directs that the environment affected by an activity be restored to its prior state, or instructs that a person adversely affected by an activity be recompensed. Many opportunities now exist in legislation for the New Zealand public to participate in regional planning activities. The Resource Management Act 1991 requires public inputs into the proposed national environmental standards, national or regional policy statements, regional or district plans, or a change to a policy statement or plan; an application for a resource consent; an application for a review of a resource consent; an application to change any condition on a resource consent; an application that has been called-in by the Minister for the Environment; a requirement for, or alteration to, a designation or heritage order; and an application for a water conservation order. In addition, the Local Government Act 1974 prescribes a special consultative procedure for local authorities to follow when considering any proposal. Finally, the Local Government Official Information and Meetings Act 1987 ensures that the public can acquire the necessary information, as well as observe a council deliberating on issues placed before it, for them to be fully aware of local authority business. Apparently, these are meant to send the message that democracy is at work in New Zealand, where the public has the freedom and the necessary information to take part in making decisions affecting them. Chapter 4 PUBLIC PARTICIPATION IN PLANNING Democracy Democracy has variously been epigrammatically defmed as "government of the people, by the people, for the people", "government by consent", "majority rule", "sovereignty of the people", "representative government", and "government in the public interest". Notwithstanding how democracy is defined, anyone who refers to it usually speaks, not of classical or direct democracy, where all citizens participate equally in governmental processes (Fagence, 1977), but of representative democracy, where leaders are chosen by citizens to exercise governmental functions for them (Pate man, 1970). Thought of in this way, democracy is said to operate on four principles (Fagence, 1977). The principle of popular sovereignty stipulates that leaders should be popularly chosen by the citizens for them to be able to govern effectively. Political equality gives everyone equal opportunity to compete for leadership in free elections called for that purpose. Popular consultation demands that societal decisions be made only after the views and opinions of citizens have been sought. Lastly, the principle of majority rule provides that a voting preference by the majority of the citizens decides who should lead, and in tum, determines decision-making (Burke, 1979). It is apparent then that democracy is a political method, which, according to Schumpeter (Pateman, 1970), is a kind of institutional arrangement for arriving at legislative and administrative decisions. People elect representatives who are expected to make decisions for them with respect to how the government is run (Johnson, 1984). Hence, the participation of the governed in their government is, in theory, the essence of democracy. 31 Public Participation Defined What is public participation?1 Why bas it become the planner's nostrum, the politician's catchword, and the media's fascination? If it is the cornerstone of democracy, why have leaders in democratic countries like France, Britain, and the United States of America emphasised the idea? De Gaulle used it as a last-ditch effort to save his administration from losing power in France. Britain constituted, in March 1968, a Committee on Public Participation in Planning, chaired by Arthur M. Skeffington, to deliberate on the best methods of securing the participation of the public at an early stage in development planning (Committee on Public Participation in Planning, 1969). The American Economic Opportunity Act of 1964 requires evidence of 'maximum feasible participation' of those concerned before granting federal funds .to community action projects (Pollak, 1984). Different people ascribe different definitions to public participation. These definitions are so varied that Pateman ( 1970) laments that the phrase bas lost any precise, meaningful content. Seaver ( 1968) observes that there has never been an adequate resolution, in policy or in practice, of what public participation is, can, or should be, or do. This has caused Wengert (1976) to call for the formulation of a theory of participation that could be related to the normative and empirical conceptions of democracy. A review of the literature reveals a multitude of definitions of public participation. Irland (1975), Thornley (1977) and Glass (1979) define it simply as citizens taking part in governmental decision or planning processes. White (1982) and Pollak (1984) describe it as citizens providing their perspectives on government. policy development or implementation. Hampton ( 1990), in depicting the nature of planning as a public service, refers to the implication of public participation - the involvement of citizens in a process already started by a statutory authority which controls the content and the process of such participation. Also citizen participation, citizen involvement, public involvement, and people power. 32 This implication is supported by other writers who tend to view public participation as an activity initiated by the government. The U.S. Housing and Home Finance Agency, whose Housing Act of 1954 first introduced the participatory requirement in planning (Glass, 1979), defines the phrase as "the active utilization of local leadership and organization which can profitably assist in the community's efforts."2 Others talk of public participation alongside the concept of power, which Armstrong designates as "the ability to control external and internal environments and/or to counteract the consequences of imperfect control" (as cited_jn Rein, 1969: 233). Hence, public participation is viewed as a legitimizing activity, where the recipients of a particul2r public service are asked to endorse, support, and create the programs intended to benefit them. Cunningham (1972: 575) expresses it as "a process where the common amateurs of a community exercise power over decisions related to the general affairs of the community". Arnstein ( 1969) defines the phrase as a redistribution of power, from the have citizens to the have-not citizens, thereby deliberately including the latter in the political and economic processes of society. Kotler (Spiegel and Mittenthal, 1968) pictures it as citizens sharing authority and performing certain municipal functions within a territorial structure based on neighbourhood power and local self-rule. Cahn and Cahn (1968) go a little further by defining it as the full enfranchisement of citizens with respect to the totality of society's activities. A third group looks at public participation as a form of citizen activism, where the initiative to get involved arises from the citizens themselves. Verba and Nie (1972) define the phrase to encompass the activities of private citizens that are, more or less, directly aimed towards influencing the actions governmental personnel take. Although this definition restricts citizen activities to such acts as voting, campaigning for a particular candidate, and lobbying with government officials, Smith (as cited in James, 1990) echoes the same idea, specifying, however, that the actions taken by From an address by Robert C. Weaver, Administrator of the U.S. Housing and Home Finance Agency, to the 50"' Anniversary of the Family Service Association of America, New York City, 13 November 1961 (Wilson, 1963: 243). 33 an interested individual or group to influence a government decision, plan, or policy should be beyond that of voting in elections. Expectedly, community organisations comprising the poor or neighbourhood residents are formed, and the interaction of these organisations with government agencies constitutes public participation (Strange, 1973). Finally, public participation is seen as a relationship between planners and citizens. Fagence (1977) refers to it as a decision-forming relationship, whereas Godschalk and Mills (1966: 86) prescribe a "genuine interchange between planners and citizens from all walks of life throughout the course of the planning process." The Committee on Public Participation in Planning understands it as an "act of sharing in the formulation of policies and proposals" (Committee on Public Participation in Planning, 1969: 1). As such, it is considered as a process of interaction between the local authority and the public involving information-giving and information-collection (Boaden et al., 1981). Four ideas about public participation are recurrent in these varied definitions. Firstly, . participation is thought of as an element of the planning process, where recommendations for programs and courses of action aimed towards attaining commonly-held goals and objectives of the community - like material wealth and safety - are prepared in advance, and in a systematic manner (Catanese, 1984) in order for a decision centre to consider and authorise these into a plan (Burke, 1979). Thus, the planner's ultimate client is the local community (Godschalk and Mills, 1966), composed of individuals with diverse, and often conflicting, needs and interests. The best plan for the community, then, is one which embodies the values of the people the plan intends to serve (Boaden et al., 1981). This can only be achieved if the consumers of planning have access to the decision-making process, can receive information regarding proposals that may affect them, and can seek redress for any inconvenience that a plan may impose on them (Hampton, 1990). Secondly, public participation involves power and influence. Among the citizen's rights is the right to influence decision-making (Cahn and Cahn, 1968). With the 34 physical and managerial impossibility of having all citizens fully participate inevery aspect of decision-making, direct law-making was supplanted by representation, with people normally submitting to the decisions made by their elected representatives. However, technological and scientific developments have encouraged decisions based on economic and technical studies conducted by planners, such that many citizens felt excluded from the process, as the decisions were made for them rather than with them (Wengert, 1976). Considered disadvantaged were the poor and those from ethnic and racial groups (Strange, 1972). Thus, public participation serves to prevent the disadvantaged citizens from being overwhelmed by political apathy and disengagement (Peattie, 1968), to avert the danger of political instability that any protests they might make may pose (Burke, 1968), and to win their consent for controversial programs (Wilson, 1963). Thirdly, public participation demands effective communication between the government and the public. The concept of a public service orientation involves the willingness of a government agency to take the citizen's attitudes seriously, to encourage the expression of views, and to respond to these views constructively. This can be achieved through the establishment of a two-way flow of communication between the planning authority and the public (Godschalk and Mills, 1966; Boaden et al., 1981). What the public needs and feels about government services have to be collected in order for the planning authority to formulate its policies and proposals. Making information - be it fact, argument, or explanation - available to the public is essential for the generation of the best plan, as it allows informed discussion of the issues involved and facilitates an understanding of the benefits and costs associated with them. More importantly, a continuing dialogue between the planning agency and the citizens ensures effective plan implementation. Lastly, to be meaningful, participation must be desired by both the government and the public. Wengert (1971) asserts that the concern for ip.creasing public participation in planning decisions reflects a recommitment by the government to democratic ideals. Yet, broad public involvement in decision processes requires a great investment of manpower, time, and money (Rosenbaum, 1976). Thus, the 35 success of public participation activities depends on the planning authority's willingness to evolve an effective means of communication with the public (Batley, 1972). Fagence (1977) argues that the key to effective public participation lies in a genuine desire of citizens for active involvement. Batley ( 1972) cites studies which show that residents usually participated in planning exercises when the stakes they hold in the community are affected. In addition, when an issue relevant to citizens and citizen groups is discussed, public involvement increases (Rein, 1969; Rosenbaum, 1976). Thus, for public participation to be meaningful, the citizen must be convinced that personal involvement can have an impact on planning, and the planning authority must also be convinced that it stands to gain from hearing a citizen's views. Public Participation: What It Seeks to Achieve The objectives of public participation are, like its definition, varied. It is, however, easy to distinguish two broad categories for the different objectives prescribed for public participation. These are administrative, where the citizen is used as "a reliable instrument for the achievement of administrative goals", and substantive, where the citizen is provided with an actual role in policy determination (Selznick, 1966: 220). Administrative Objectives Foremost among the administrative objectives, which endeavour to involve the public in planning processes in order to increase the likelihood for the acceptance of an agency's plans or policies, is what Irland (1975) considers as the role of public participation in establishing the legitimacy of a decision process in the eyes of affected interests. Conflict naturally occurs because every planning decision leaves some citizens and citizen groups dissatisfied. To prevent such conflict from rendering the decision incapable of implementation, the planning agency must have the sanction both to 36 plan and to influence decisions (Burke, 1979). By involving the public in the planning process, the planning authority can engender and maintain, in the participants, the belief that it is the appropriate body to make a decision on societal matters, legitimately enables conflict to be effectively managed, resulting in the implementation of controversial plans (lrland, 1975). Conflict management is also an objective of public participation. If used in this way, involvement is meant to facilitate the sharing of points of view in order to increase an understanding of the issues and weaken the tendency to make dogmatic assertions. However, Wengert (1976) believes that increased participation in a non-homogeneous community only highlights the differences and thus increases conflict. But, where a condition for consensus already exists, public involvement serves to further its realisation. The resolution of conflict among citizen groups or between citizen groups and the government stresses the support building function of public participation. Personal contact with planners generates goodwill among the participants. This goodwill is expected to create a favourable climate for a planning authority's proposed policies and plans (Glass, 1979). Public participation is also considered as a tool for market research, where the citizen, as a consumer of public services, is given opportunities to counsel and guide the planning authority's generation of new or more effective services (Dennis, 1972). This strategy emphasises the idea that citizens are consumers and have to be satisfied. Hence, reliable feedback from these clients, in the form of advice and suggestions, is secured. Through this feedback, objective information on citizen attitudes, evaluations and needs are collected, which planners use as a partial database for planning (Glass, 1979). Two other objectives of public participation are related to each other. These are information exchange, the sharing of ideas and concerns by planners and citizens, and education, the dissemination of detailed information about a project or a proposal (Glass, 1979). Strange ( 1972) contends that, by · engaging in administrative and political activities, the poor and unskilled members of society learn how their · 37 government operates. Knowing this, general and specific skills are acquired, political and administrative abilities are developed, and individual capacities to solve their own problems are expanded. Citizens, by working together to solve community problems, learn not only how democracy works, but also learn to value and appreciate cooperation as a problem-solving method. As a result, local government is strengthened, community development is spurred, and a sense of community or community identification is created. Burke (1968) considers public participation as serving the objectives of therapy, where the improvement of individual participants, in terms of citizenship training and self-confidence building, is the primary focus, and behavioural change, where, by modifying the behaviour of members of a citizen group or a community or its influential representatives, change can be induced in the citizen group or in the community. Public participation can directly further the realisation of agency goals, as it is said to pursue a staff supplement role, where citizens are recruited to carry out agency tasks which the agency itself could not carry out because of lack of staff resources. In some instances, participation is used for cooptation, where new elements are absorbed into the leadership or policy-determining structure of an organisation in order to prevent anticipated threats to its stability and existence (Burke, 1968). Rosenbaum ( 1976) discusses public participation as a means of containing administrative discretion. Extensive public review of governmental activities inhibits the tendency of bureaucrats to succumb to such impediments as secretiveness, intense loyalty to agency interests and procedures, a cultivation of private economic interests, and a passion for professional achievement without due respect for public costs or broader social impacts, which limit an agency's responsiveness to community interests. The public, through participation, can aid bureaucrats in overcoming these insensitivities and biases. 38 Substantive Objectives Substantive objectives of public participation provide citizens with a voice in planning and decision-making, and thus facilitates the improvement of governmental plans, decisions, and service delivery. In this regard, public participation is seen as a means for the partaking of benefits, where disadvantaged citizen groups are encouraged to devise programs intended to benefit them (Dennis, 1972). When the citizen takes an active role in policy-making, as a voting member of a community service governing board, for instance, participation is said to pursue the goal of decision-making (Dennis, 1972). Glass (1979) talks of decision-making supplement, where citizen ideas are important before any planning decision can be taken. At the top of substantive objectives is community power, where an organised and committed mass of citizenry confronts and agitates an existing power centre to the point of conflict that negotiation between them is inevitable and, as a result, a new centre of power is created (Burke, 1968). Friedmann (1973) contends that power is crucial to public participation, as people need effective power to make their immediate environment more agreeable to their lives. Given these objectives, it seems apparent that public participation is largely influenced by factors within the planning authority. Boaden et al. ( 1981) identify these as organisational, attitudinal and resource factors. Organisational factors pertain to the pattern of inter-departmental relationships within the planning authority; attitudinal factors refer to the views that planners and elected members of the planning authority hold about the purpose of planning and the role that the public is expected to play in decision-making, while resource factors comprise the monetary costs, as well as the time and the staff devoted to harnessing wide public response to participatory exercises. These factors demand efficient coordination between and among departments within the planning authority, a consensus by planners and elected members on the part public participation plays in the planning process, and 39 the availability of resources to support public participation activities. A Ladder of Participation Noting that the success of governmental participatory programs depends to a large extent on citizens having real power, as against the empty ritual of participation contrived to substitute for genuine participation, Arnstein (1975) developed a ladder of citizen participation comprising of eight levels of participation, with each rung corresponding to the extent citizens' power determines a planning decision. As shown in Figure 4-1, the two bottom rungs (manipulation and therapy) represent levels of non-participation, said to be, usually, falsely advanced as substitutes for genuine participation as these do not elicit any form of citizen input into the planning process. The next three rungs (informing, consultation, and placation) show degrees of tokenism, where, although citizens are informed of planning proposals and are allowed to voice their views and opinions, there is no assurance that these views are heeded by the powerholders. The top three rungs (partnership, delegated power, and citizen control) describe increasing degrees of citizen power, where citizens can negotiate with traditional powerholders or obtain decision-making seats. Wengert ( 1971) views that this ladder implies an ultimate seizure of power by citizens, as it does not consider representation and due process inherent in the democratic mechanism. Rivers (1983) considers it simplistic, apparently referring to Arnstein's own admission that "In the real world of people and programs, there might be 150 rungs with less sharp and 'pure' distinctions among them .... [S]ome ... characteristics [of each] of the eight types might be applicable to other rungs" (Arnstein, 1969: 217-218). Nonetheless, the ladder of participation demonstrates that it is possible for a planning authority to engage in public partiCipation activities without actually allowing the public to have a