Resource Management Act
Encyclopedia
The Resource Management Act (RMA) passed in 1991 in New Zealand
is a significant, and at times, controversial Act of Parliament
. The RMA promotes the sustainable management of natural and physical resources such as land, air and water. New Zealand's Ministry for the Environment describes the RMA as New Zealand's principal legislation for environmental management.
As the RMA and the decisions made under it by district and regional councils and in courts affect both individuals and businesses in large numbers, and often in very tangible ways, the RMA has variously been attacked for being ineffective in managing adverse environmental effects, or overly concerned with bureaucratic restrictions on legitimate economic activities.
Secondly, the RMA was the first statutory planning regime to incorporate the principle of sustainability.
Finally, the RMA incorporated ‘sustainable management’, as an explicitly stated purpose placed at the heart of the regulatory framework and this purpose is to direct all other policies, standards, plans and decision-making under the RMA. Having the purpose of the RMA at the apex of an unambiguous legislative hierarchy was a unique concept worldwide at the time of the law's inception.
.
However, three of these statutes, provided important elements of the RMA. The Soil Conservation and Rivers Control Act 1941 provided the precedent for catchment-based entities and catchment boards became part of the new regional councils. The Town and Country Planning Act 1977 provided the consenting and planning procedures. The Water and Soil Conservation Act 1967 provided the consenting regime and case law for water.
antipathy to environmental issues in the 1980s, as expressed in the Think Big
economic development projects and the National Development Act
, the New Zealand Labour Party
went into the 1984 election
campaign with a platform of reforming planning and local government institutions and adopting better environmental policies. The reform policy involved creating an integrated resource decision making system to replace the existing sectoral based system. The Labour Party environment policy, such as this quote from Part I, paragraph 3, owed much to the Brundtland Commission
's concept of sustainable development
;
the fourth Labour Government
won a second term in office and Deputy Prime Minister Geoffrey Palmer became the Minister for the Environment. Palmer initiated a comprehensive reform project for New Zealand's environmental and planning laws. This was the Resource Management Law Reform or RMLR. Palmer's objectives explicitly included giving effect to the Treaty of Waitangi
, cost-effective use of resources, the World Conservation Strategy, intergenerational equity, and intrinsic values of ecosystems. Palmer chaired a Cabinet committee supervising a core group of four people supported by the Ministry for the Environment. The core group developed policy through a series of 32 working papers and through extensive public consultation. In December 1988, the reform proposals were published. In December 1989, Palmer introduced the 314-page Resource Management Bill to the Parliament of New Zealand
. The Select Committee process was not completed by the election of 1990
, which Labour lost. However, the new National
Minister for the Environment, Simon Upton
, continued the law reform process leading to the enactment of the RMA.
, noted the divergent views of submitters on the proposed purpose and principles of the Bill. A Cabinet
paper of 10 March 1989 argued that the overall objectives and the broad philosophy of the Bill should be stated in a purpose section and clarified in a section on fundamental principles. After the 1990 election
, Simon Upton appointed a Review Group to assess the purpose and principle clauses. The group consisted of: Tony Randerson, a lawyer, as chair; Prue Crosson (now Prue Kapua), a lawyer; environmentalist Guy Salmon
; planner Ken Tremaine; and Brent Wheeler, an economist.
The Review Group considered that the clauses had become a conflicting 'shopping list' of matters advanced by interest groups, with no clear priority. That would result in the 'trading off' or balancing of socio-economic and biophysical aspects. They rejected such a balancing approach in favour of use within biophysical constraints. They considered that the Bill should not have a purpose of sustainable development
with a focus on social justice and wealth redistribution. They concluded that purpose of the Bill should be 'sustainable management' and that the critical aspect of that purpose should be intergenerational equity, that is, safeguarding natural resource options for future generations. A second purpose of avoiding, remedying or mitigating adverse effects of activities was added. The purpose and principles sections were consequently rewritten.
Finally, with the approval of Cabinet, Simon Upton added the third 'sustainable management' purpose of 'safeguarding the life-supporting capacity of air, water, soil and ecosystems'.
Simon Upton stated in his third reading speech to Parliament
that the purpose of the RMA was not concerned with planning and controlling economic activity, nor about trade-offs, but about sustaining, safeguarding, avoiding, remedying, and mitigating the adverse effects of the use of natural resources.
's input was that RMA was enacted with a Part 2 consisting of three 'principles' (sections 6,7 & 8) in an unambiguous hierarchy below the overarching purpose of 'sustainable management', set out in section 5. Under that section, the RMA has one specifically defined purpose; to promote the sustainable management of natural and physical resources.
Section 7 is list of matters that all decisions 'shall have particular regard to' in achieving the purpose of the RMA;
Section 8 has the title “Treaty of Waitangi” and states that in achieving the purpose of the RMA, 'account shall be taken' of the principles of the Treaty of Waitangi
.
Very soon after the enactment of the RMA, Fisher (1991) wrote a substantial legal analysis of the RMA showing that the definition of 'sustainable management' was possibly ambiguous. In spite of the 'biophysical bottom line' interpretation, as in Simon Upton
's third reading speech, being perhaps the most grammatically correct, Fisher noted that a 'single integrated purpose' definition could be made where providing for human well being was equal with and not subordinate to the 'bottom line' paragraphs a) to c) of s 5(2).
Some six years after the enactment of the RMA, several decisions on consent applications had been appealed to the Environment Court where s5 was given some degree of interpretation. By 1997, two interpretations of s5 were recognised, 'balancing ' and the 'environmental bottom line'. However, the only common ground among the varying interpretations was the lack of consistence in the reasoning.
Harris (2004) states that the "broad overall judgement" is most commonly accepted interpretation of sustainable management.
Skelton and Memon (2002) reviewed the introduction of sustainable development
into the RMA and the evolution of case law that had led to the "broad overall judgement" interpretation. They also criticised Simon Upton and the Ministry for the Environment
for interpreting 'sustainable management' in section 5(2) of the RMA as a matter of biophysical environmental bottom lines. Skelton and Memon concluded that the "broad overall judgement" (a 'weighing', rather than a 'balancing' approach) is the interpretation of 'sustainable management' now favoured by the Environment Court.
The 'broad overall judgement' approach is not without critics. Wheen (2002) argues that the broad overall judgement interpretation reduces 'sustainable management' to a balancing test with a bias towards tangible economic benefits over the intangible environmental concerns.
Upton et al. (2002) responded to Skelton and Memon's paper by noting that the Review Group on the draft resource management bill had quite intentionally drafted section 5(2) to emphasise biophysical constraints in order to move away from the overly broad and unweighted list of socio-economic and environmental objectives in the Town and Country Planning Act. They concluded;
. As part of an application for resource consent, an Assessment of Environmental Effects (AEE), a report similar to an Environmental Impact Assessment
, is required. This assessment, in theory, includes all potential impacts on the environment, including those that are only long-term, with 'sustainability
' as a strong, though not yet clearly legally defined part of the Act.
hydro dam.
Proponents of the RMA argue that it ensures the sustainable use of resources for the foreseeable needs of the present and future generation, and also recognises the importance of indigenous rights
in the mitigation process. In this respect, the RMA is a pioneering act in the area of sustainable development
. Other advantages cited are the umbrella function, which (at least in theory) allows all consent decisions about a project to be considered in one process, freeing applicants from the need to research and apply for all the various permits they would otherwise have to apply for their development. It is also noted that the RMA is 'effects-based'. In other words, instead of a proposal needing to be on a list of approved or permitted developments or activities, if the applicant can prove that the 'effects' of the development on the environment are unproblematic, then he or she is allowed to go ahead. In practice however, this proof is often elusive, especially with new or contested activities or developments.
considers that;
.
A typical business viewpoint is expressed by the New Zealand Business Roundtable
.
The Business Round Table has also argued that the RMA contains core concepts, such as sustainable management, intrinsic values, Treaty principles
, kaitiakitanga and the definition of the environment, which are 'hopelessly fuzzy'.
Companies have used it to hinder the operations of their competitors, even though the law specifically states that business competition is not to be a factor in decisions about giving consent.
Other business critics argue that the RMA is destructive of property rights.
Also especially criticised was the inability to restrict submissions against a project to those directly affected, and the need to go through a Council-level hearings phase even when it was already apparent that a case would eventually go to the Environment Court.
The RMA has also been blamed for preventing Project Aqua
, a major hydroelectric scheme, by making compliance, respectively the compliance process, too costly.
's paper 'The RMA now and in the future', presented at the 2007 Beyond the RMA conference assessed the RMA's performance over its first 16 years. The paper's main conclusions were that:
, when in opposition to the government, made a promise to reform the RMA during the 2008 election
campaign. After winning the election a reform group was announced. They were given the following terms of reference:
In February 2009 the National-led Government announced the "Resource Management (Simplify and Streamline) Amendment Bill 2009" aimed at:
ECO
considers that the Bill will hinder the input from communities and to favour large projects. It would also fast-track large developments and make little difference to smaller projects, a similar situation to the controversial National Development Act
(repealed in 1986).
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
is a significant, and at times, controversial Act of Parliament
Parliament of New Zealand
The Parliament of New Zealand consists of the Queen of New Zealand and the New Zealand House of Representatives and, until 1951, the New Zealand Legislative Council. The House of Representatives is often referred to as "Parliament".The House of Representatives usually consists of 120 Members of...
. The RMA promotes the sustainable management of natural and physical resources such as land, air and water. New Zealand's Ministry for the Environment describes the RMA as New Zealand's principal legislation for environmental management.
As the RMA and the decisions made under it by district and regional councils and in courts affect both individuals and businesses in large numbers, and often in very tangible ways, the RMA has variously been attacked for being ineffective in managing adverse environmental effects, or overly concerned with bureaucratic restrictions on legitimate economic activities.
Significance
The adoption of the RMA was significant for three reasons. Firstly, the RMA established one integrated framework that replaced the many previous resource-use regimes, which had been fragmented between agencies and sectors, such as land use, forestry, pollution, traffic, zoning, water and air.Secondly, the RMA was the first statutory planning regime to incorporate the principle of sustainability.
Finally, the RMA incorporated ‘sustainable management’, as an explicitly stated purpose placed at the heart of the regulatory framework and this purpose is to direct all other policies, standards, plans and decision-making under the RMA. Having the purpose of the RMA at the apex of an unambiguous legislative hierarchy was a unique concept worldwide at the time of the law's inception.
Related legislation
The RMA replaced a large number of acts, regulations and orders. A total of 69 Acts and amended Acts were repealed (See RMA Sixth Schedule) and nineteen regulations and orders were revoked (Seventh Schedule). The notable acts repealed were the Town and Country Planning Act, the Water and Soil Conservation Act, the Soil Conservation and Rivers Control Act, and the Minerals Act. The mining and minerals regime was separated from the Resource Management Bill at the third reading stage and was enacted as the Crown Minerals Act 1991Crown Minerals Act 1991
The Crown Minerals Act is an Act of Parliament passed in 1991 in New Zealand. It controls the management of Crown owed minerals. Potential changes to Schedule 4 of the Act created controversy and opposition in 2010...
.
However, three of these statutes, provided important elements of the RMA. The Soil Conservation and Rivers Control Act 1941 provided the precedent for catchment-based entities and catchment boards became part of the new regional councils. The Town and Country Planning Act 1977 provided the consenting and planning procedures. The Water and Soil Conservation Act 1967 provided the consenting regime and case law for water.
Beginnings
Following the National Party'sNew Zealand National Party
The New Zealand National Party is the largest party in the New Zealand House of Representatives and in November 2008 formed a minority government with support from three minor parties.-Policies:...
antipathy to environmental issues in the 1980s, as expressed in the Think Big
Think Big
The New Zealand Prime Minister Robert Muldoon and his New Zealand National Party government in the early 1980s sponsored Think Big as an interventionist state economic strategy. The Think Big schemes saw the government borrow heavily overseas, running up a large external deficit, and using the...
economic development projects and the National Development Act
National Development Act 1979
The National Development Act 1979 was an Act of Parliament in New Zealand. It was a controversial Act and was repealed by the National Development Act Repeal Act 1986.-See also:*List of Statutes of New Zealand*Resource Management Act 1991...
, the New Zealand Labour Party
New Zealand Labour Party
The New Zealand Labour Party is a New Zealand political party. It describes itself as centre-left and socially progressive and has been one of the two primary parties of New Zealand politics since 1935....
went into the 1984 election
New Zealand general election, 1984
The 1984 New Zealand general election was a nationwide vote to determine the shape of the 41st New Zealand Parliament. It marked the beginning of the Fourth Labour Government, with David Lange's Labour Party defeating long-serving Prime Minister Robert Muldoon of the National Party. It was also the...
campaign with a platform of reforming planning and local government institutions and adopting better environmental policies. The reform policy involved creating an integrated resource decision making system to replace the existing sectoral based system. The Labour Party environment policy, such as this quote from Part I, paragraph 3, owed much to the Brundtland Commission
Brundtland Commission
The Brundtland Commission, formally the World Commission on Environment and Development , known by the name of its Chair Gro Harlem Brundtland, was convened by the United Nations in 1983...
's concept of sustainable development
Sustainable development
Sustainable development is a pattern of resource use, that aims to meet human needs while preserving the environment so that these needs can be met not only in the present, but also for generations to come...
;
to ensure the management of the human use of the biosphere to yield the greatest sustainable benefits to present generations while maintaining the potential to meet the goods and aspirations of future generations
Resource Management Law Reform
In the 1987 electionNew Zealand general election, 1987
The 1987 New Zealand general election was a nationwide vote to determine the shape of the 43rd sitting of the New Zealand Parliament. The governing New Zealand Labour Party, led by Prime Minister David Lange, was re-elected for a second term, although the Opposition National Party made gains...
the fourth Labour Government
Fourth Labour Government of New Zealand
The Fourth Labour Government of New Zealand was the government of New Zealand from 26 July 1984 to 2 November 1990. It enacted major social and economic reforms, including reformation of the tax system. The economic reforms were known as Rogernomics after Finance Minister Roger Douglas...
won a second term in office and Deputy Prime Minister Geoffrey Palmer became the Minister for the Environment. Palmer initiated a comprehensive reform project for New Zealand's environmental and planning laws. This was the Resource Management Law Reform or RMLR. Palmer's objectives explicitly included giving effect to the Treaty of Waitangi
Treaty of Waitangi
The Treaty of Waitangi is a treaty first signed on 6 February 1840 by representatives of the British Crown and various Māori chiefs from the North Island of New Zealand....
, cost-effective use of resources, the World Conservation Strategy, intergenerational equity, and intrinsic values of ecosystems. Palmer chaired a Cabinet committee supervising a core group of four people supported by the Ministry for the Environment. The core group developed policy through a series of 32 working papers and through extensive public consultation. In December 1988, the reform proposals were published. In December 1989, Palmer introduced the 314-page Resource Management Bill to the Parliament of New Zealand
Parliament of New Zealand
The Parliament of New Zealand consists of the Queen of New Zealand and the New Zealand House of Representatives and, until 1951, the New Zealand Legislative Council. The House of Representatives is often referred to as "Parliament".The House of Representatives usually consists of 120 Members of...
. The Select Committee process was not completed by the election of 1990
New Zealand general election, 1990
The 1990 New Zealand general election was held on 27 October to determine the composition of the 43rd New Zealand parliament. The governing Labour Party was defeated, ending its controversial two terms in office...
, which Labour lost. However, the new National
New Zealand National Party
The New Zealand National Party is the largest party in the New Zealand House of Representatives and in November 2008 formed a minority government with support from three minor parties.-Policies:...
Minister for the Environment, Simon Upton
Simon Upton
Simon David Upton, QSO is a former New Zealand politician and member of Parliament from 1981 to 2001, representing the National Party.-Early life:...
, continued the law reform process leading to the enactment of the RMA.
Final drafting of the RMA
The new Minister, Simon UptonSimon Upton
Simon David Upton, QSO is a former New Zealand politician and member of Parliament from 1981 to 2001, representing the National Party.-Early life:...
, noted the divergent views of submitters on the proposed purpose and principles of the Bill. A Cabinet
New Zealand Cabinet
The Cabinet of New Zealand functions as the policy and decision-making body of the executive branch within the New Zealand government system...
paper of 10 March 1989 argued that the overall objectives and the broad philosophy of the Bill should be stated in a purpose section and clarified in a section on fundamental principles. After the 1990 election
New Zealand general election, 1990
The 1990 New Zealand general election was held on 27 October to determine the composition of the 43rd New Zealand parliament. The governing Labour Party was defeated, ending its controversial two terms in office...
, Simon Upton appointed a Review Group to assess the purpose and principle clauses. The group consisted of: Tony Randerson, a lawyer, as chair; Prue Crosson (now Prue Kapua), a lawyer; environmentalist Guy Salmon
Guy Salmon
Guy Winston Salmon is a New Zealand environmentalist.He is Executive director of the Ecologic Foundation, an independent policy think tank. He has been involved with this organisation in its various forms since the 1970s....
; planner Ken Tremaine; and Brent Wheeler, an economist.
The Review Group considered that the clauses had become a conflicting 'shopping list' of matters advanced by interest groups, with no clear priority. That would result in the 'trading off' or balancing of socio-economic and biophysical aspects. They rejected such a balancing approach in favour of use within biophysical constraints. They considered that the Bill should not have a purpose of sustainable development
Sustainable development
Sustainable development is a pattern of resource use, that aims to meet human needs while preserving the environment so that these needs can be met not only in the present, but also for generations to come...
with a focus on social justice and wealth redistribution. They concluded that purpose of the Bill should be 'sustainable management' and that the critical aspect of that purpose should be intergenerational equity, that is, safeguarding natural resource options for future generations. A second purpose of avoiding, remedying or mitigating adverse effects of activities was added. The purpose and principles sections were consequently rewritten.
Finally, with the approval of Cabinet, Simon Upton added the third 'sustainable management' purpose of 'safeguarding the life-supporting capacity of air, water, soil and ecosystems'.
Simon Upton stated in his third reading speech to Parliament
Parliament of New Zealand
The Parliament of New Zealand consists of the Queen of New Zealand and the New Zealand House of Representatives and, until 1951, the New Zealand Legislative Council. The House of Representatives is often referred to as "Parliament".The House of Representatives usually consists of 120 Members of...
that the purpose of the RMA was not concerned with planning and controlling economic activity, nor about trade-offs, but about sustaining, safeguarding, avoiding, remedying, and mitigating the adverse effects of the use of natural resources.
The Bill provides us with a framework to establish objectives with a biophysical bottom line that must not be compromised. Provided that those objectives are met, what people get up to is their affair. As such, the Bill provides a more liberal regime for developers. On the other hand, activities will have to be compatible with hard environmental standards and society will set those standards. Clause 4 sets out the biophysical bottom line. Clauses 5 and 6 set out further specific matters that expand on the issues. The Bill has a clear and rigorous procedure for the setting of environmental standards - and the debate will be concentrating on just where we set those standards.
Part 2 Purpose and Principles
The result of UptonUpton
Upton is the name of a number of people and places. It may refer to:-Places:In Canada*Upton, QuebecIn England*Upton, Berkshire*Upton, Buckinghamshire*Upton, Cambridgeshire*Upton, Cornwall*Upton, Cumbria*Upton, Dorset*Upton, Hampshire...
's input was that RMA was enacted with a Part 2 consisting of three 'principles' (sections 6,7 & 8) in an unambiguous hierarchy below the overarching purpose of 'sustainable management', set out in section 5. Under that section, the RMA has one specifically defined purpose; to promote the sustainable management of natural and physical resources.
Definition of sustainable management
The RMA, in Section 5, describes “sustainable management” asmanaging the use, development and protection of natural and physical resources in a way, or at a rate which enables people and communities to provide for their socialSocialThe term social refers to a characteristic of living organisms...
, economic, and cultural well-being and for their health and safety while-
(a) Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and
(b) Safeguarding the life-supporting capacity of air, water, soil, and ecosystemEcosystemAn ecosystem is a biological environment consisting of all the organisms living in a particular area, as well as all the nonliving , physical components of the environment with which the organisms interact, such as air, soil, water and sunlight....
; and
(c) Avoiding, remedying or mitigating any adverse effects of activities on the environmentNatural environmentThe natural environment encompasses all living and non-living things occurring naturally on Earth or some region thereof. It is an environment that encompasses the interaction of all living species....
.
Principles
Section 6 is list of matters of national importance that shall be 'recognised and provided for' in achieving the purpose of the RMA;Section 7 is list of matters that all decisions 'shall have particular regard to' in achieving the purpose of the RMA;
Section 8 has the title “Treaty of Waitangi” and states that in achieving the purpose of the RMA, 'account shall be taken' of the principles of the Treaty of Waitangi
Treaty of Waitangi
The Treaty of Waitangi is a treaty first signed on 6 February 1840 by representatives of the British Crown and various Māori chiefs from the North Island of New Zealand....
.
Interpretation
Under the RMA virtually all significant uses of land, air, coastal, or water-related resources are regulated by provisions of the RMA or by rules in regional or district plans or by decisions on consent applications. Plans are to achieve the purpose of the RMA which is 'sustainable management' of natural and physical resources. Most rule-making and decision-making is expressly related back to the 'Purpose and Principles' section, Part II, which contains the statutory definition of 'sustainable management' in section 5. Consequently, the interpretation that is to be placed on the definition of 'sustainable management' will be of considerable importance.Very soon after the enactment of the RMA, Fisher (1991) wrote a substantial legal analysis of the RMA showing that the definition of 'sustainable management' was possibly ambiguous. In spite of the 'biophysical bottom line' interpretation, as in Simon Upton
Simon Upton
Simon David Upton, QSO is a former New Zealand politician and member of Parliament from 1981 to 2001, representing the National Party.-Early life:...
's third reading speech, being perhaps the most grammatically correct, Fisher noted that a 'single integrated purpose' definition could be made where providing for human well being was equal with and not subordinate to the 'bottom line' paragraphs a) to c) of s 5(2).
Some six years after the enactment of the RMA, several decisions on consent applications had been appealed to the Environment Court where s5 was given some degree of interpretation. By 1997, two interpretations of s5 were recognised, 'balancing ' and the 'environmental bottom line'. However, the only common ground among the varying interpretations was the lack of consistence in the reasoning.
Harris (2004) states that the "broad overall judgement" is most commonly accepted interpretation of sustainable management.
Skelton and Memon (2002) reviewed the introduction of sustainable development
Sustainable development
Sustainable development is a pattern of resource use, that aims to meet human needs while preserving the environment so that these needs can be met not only in the present, but also for generations to come...
into the RMA and the evolution of case law that had led to the "broad overall judgement" interpretation. They also criticised Simon Upton and the Ministry for the Environment
Ministry for the Environment
Ministry for the Environment may refer to:* Ministry for the Environment * Ministry for the Environment * Ministry for the Environment...
for interpreting 'sustainable management' in section 5(2) of the RMA as a matter of biophysical environmental bottom lines. Skelton and Memon concluded that the "broad overall judgement" (a 'weighing', rather than a 'balancing' approach) is the interpretation of 'sustainable management' now favoured by the Environment Court.
The 'broad overall judgement' approach is not without critics. Wheen (2002) argues that the broad overall judgement interpretation reduces 'sustainable management' to a balancing test with a bias towards tangible economic benefits over the intangible environmental concerns.
Upton et al. (2002) responded to Skelton and Memon's paper by noting that the Review Group on the draft resource management bill had quite intentionally drafted section 5(2) to emphasise biophysical constraints in order to move away from the overly broad and unweighted list of socio-economic and environmental objectives in the Town and Country Planning Act. They concluded;
In our view, the plain wording of section 5 is easy enough to understand without recourse to concepts like sustainable development that are not referred to, or the insistence that an anthropogenic reading of the section must necessarily involve weighing up everything against everything else.
Resource consents
The RMA requires that certain uses of natural resources require a specific authorisation by a resource consentResource consent
A resource consent is the authorisation given to certain activities or uses of natural and physical resources required under the New Zealand Resource Management Act . Some activities may either be specifically authorised by the RMA or be permitted activities authorised by rules in plans...
. As part of an application for resource consent, an Assessment of Environmental Effects (AEE), a report similar to an Environmental Impact Assessment
Environmental impact assessment
An environmental impact assessment is an assessment of the possible positive or negative impact that a proposed project may have on the environment, together consisting of the natural, social and economic aspects....
, is required. This assessment, in theory, includes all potential impacts on the environment, including those that are only long-term, with 'sustainability
Sustainability
Sustainability is the capacity to endure. For humans, sustainability is the long-term maintenance of well being, which has environmental, economic, and social dimensions, and encompasses the concept of union, an interdependent relationship and mutual responsible position with all living and non...
' as a strong, though not yet clearly legally defined part of the Act.
Opinions
The Act has regularly made headlines since its introduction, receiving the blame for the failure of a number of high profile projects, such as the Project AquaProject Aqua
Project Aqua is an abandoned hydroelectric scheme once proposed for the lower Waitaki River in New Zealand. Although the scheme had considerable support from some locals, it met with considerable opposition from others, and Meridian Energy decided in March 2004 not to go ahead with the project.The...
hydro dam.
Proponents of the RMA argue that it ensures the sustainable use of resources for the foreseeable needs of the present and future generation, and also recognises the importance of indigenous rights
Indigenous rights
Indigenous rights are those rights that exist in recognition of the specific condition of the indigenous peoples. This includes not only the most basic human rights of physical survival and integrity, but also the preservation of their land, language, religion and other elements of cultural...
in the mitigation process. In this respect, the RMA is a pioneering act in the area of sustainable development
Sustainable development
Sustainable development is a pattern of resource use, that aims to meet human needs while preserving the environment so that these needs can be met not only in the present, but also for generations to come...
. Other advantages cited are the umbrella function, which (at least in theory) allows all consent decisions about a project to be considered in one process, freeing applicants from the need to research and apply for all the various permits they would otherwise have to apply for their development. It is also noted that the RMA is 'effects-based'. In other words, instead of a proposal needing to be on a list of approved or permitted developments or activities, if the applicant can prove that the 'effects' of the development on the environment are unproblematic, then he or she is allowed to go ahead. In practice however, this proof is often elusive, especially with new or contested activities or developments.
Environment and conservation groups
New Zealand's largest conservation organisation, the Royal Forest and Bird Protection Society of New ZealandRoyal Forest and Bird Protection Society of New Zealand
The Royal Forest and Bird Protection Society of New Zealand Inc. is an environmental organisation specialising in conservation of indigenous plant and animal life in and around New Zealand....
considers that;
- public participation is minimised as that 95% of all resource consents are granted without public notification,
- less than 1% of applications for consents are declined (MfE 1999-2000 survey),
- businesses equate public participation with added costs, but the OECD considers New Zealand to have low environmental compliance costs,
- consenting is an uneven playing field, as developers have better access to legal, planning, scientific experts than the public,
- the absence of national environmental standards and national policy statementNational policy statementNational policy statements are prepared by the New Zealand government as outlined in the Resource Management Act , an important Act of Parliament to ensure sustainable use of resources.National policy statements are covered by Sections 45-55 of the RMA....
s has led to inconsistency between councils.
Business interests
Critics of the act argue that the resource management process is a barrier to investment, being unpredictable, expensive, protracted and often subject to undue influence from local lobby groups, especially the indigenous Maori iwiIwi
In New Zealand society, iwi form the largest everyday social units in Māori culture. The word iwi means "'peoples' or 'nations'. In "the work of European writers which treat iwi and hapū as parts of a hierarchical structure", it has been used to mean "tribe" , or confederation of tribes,...
.
A typical business viewpoint is expressed by the New Zealand Business Roundtable
New Zealand Business Roundtable
The New Zealand Business Roundtable , a market-oriented thinktank, operates from Wellington, New Zealand. Businessman Robert McLeod chairs the organisation, with Bill Gallagher MBE, Nick Calavrias and Bill Day as Vice-Chairs. Members, who pay a five-figure subscription fee, represent most of the...
.
'The NZBR has long expressed concerns that are widely shared in the business community about the RMA. It is a cumbersome, time-consuming and costly piece of legislation that adds considerable uncertainty to business decision-making. It is a major impediment to the country's economic growth.'
The Business Round Table has also argued that the RMA contains core concepts, such as sustainable management, intrinsic values, Treaty principles
Treaty of Waitangi
The Treaty of Waitangi is a treaty first signed on 6 February 1840 by representatives of the British Crown and various Māori chiefs from the North Island of New Zealand....
, kaitiakitanga and the definition of the environment, which are 'hopelessly fuzzy'.
Companies have used it to hinder the operations of their competitors, even though the law specifically states that business competition is not to be a factor in decisions about giving consent.
Other business critics argue that the RMA is destructive of property rights.
Also especially criticised was the inability to restrict submissions against a project to those directly affected, and the need to go through a Council-level hearings phase even when it was already apparent that a case would eventually go to the Environment Court.
The RMA has also been blamed for preventing Project Aqua
Project Aqua
Project Aqua is an abandoned hydroelectric scheme once proposed for the lower Waitaki River in New Zealand. Although the scheme had considerable support from some locals, it met with considerable opposition from others, and Meridian Energy decided in March 2004 not to go ahead with the project.The...
, a major hydroelectric scheme, by making compliance, respectively the compliance process, too costly.
Maori
New Zealand's indigenous Māori have in return argued that decisions made under the RMA do not adequately take into account the interests and values of New Zealand's indigenous people.2007 assessment of RMA's performance
Rod OramRod Oram
Rod Oram is a New Zealand journalist writing on corporate, economic and political issues. He is a columnist for The Sunday Star-Times and Good Magazine, a regular broadcaster on radio and television and a frequent public speaker...
's paper 'The RMA now and in the future', presented at the 2007 Beyond the RMA conference assessed the RMA's performance over its first 16 years. The paper's main conclusions were that:
- 'The effectiveness of the RMA is patchy. In rural areas it can cope with allocation and management of relatively abundant resources. But it cannot cope when resources, particularly water, are fully allocated. Nor can it cope with cumulative effects... Under the RMA it is not easy for councils to declare a halt to further consents. And in urban areas, the RMA works well for small, local consents. But it is inadequate for dealing with wide area, long-term and strategic issues of urban development.'
- 'The efficiency of the RMA has increased... And there may be more gains to come from the 2005 amendments, which put in place mechanisms to upskill council staff and for councils to share knowledge. But some 20 councils were still considered to be under-performing... And there are still complaints by consent applicants about variable quality of staff, decisions and timeliness. The continuing lack of national policy statements and environmental standards are widely considered detrimental to the Act's administration.'
- 'The future of the RMA is highly uncertain. Almost all the development effort that has gone into it has focused on improving process rather than refining purpose. Thus, administration of the Act might have become more efficient but the legislation has failed to respond to greater pressures on the environment...or greater demands from the public for higher standards and more certain sustainability'.
RMA reform
The National PartyNew Zealand National Party
The New Zealand National Party is the largest party in the New Zealand House of Representatives and in November 2008 formed a minority government with support from three minor parties.-Policies:...
, when in opposition to the government, made a promise to reform the RMA during the 2008 election
New Zealand general election, 2008
The 2008 New Zealand general election was held on 8 November 2008 to determine the composition of the 49th New Zealand parliament. The conservative National Party, headed by its Parliamentary leader John Key, won a plurality of votes and seats, ending 9 years of government dominated by the social...
campaign. After winning the election a reform group was announced. They were given the following terms of reference:
- raising New Zealand's rate of productivity and economic growth
- increasing the flexibility of the economy in order to facilitate adjustment and promote confidence and investment in response to the international economic crisis
- providing for sound environmental policies and practices.
In February 2009 the National-led Government announced the "Resource Management (Simplify and Streamline) Amendment Bill 2009" aimed at:
- Removing frivolous, vexatious and anti-competitive objections
- Streamlining processes for projects of national significance
- Creating an Environmental Protection AuthorityEnvironmental Protection Authority (New Zealand)The Environmental Protection Authority is a government agency New Zealand. It takes over functions from various government departments from 1 July 2011....
- Improving plan development and plan change processes
- Improving resource consentResource consentA resource consent is the authorisation given to certain activities or uses of natural and physical resources required under the New Zealand Resource Management Act . Some activities may either be specifically authorised by the RMA or be permitted activities authorised by rules in plans...
processes - Streamlining decision making
- Improving workability and compliance
ECO
Environment and Conservation Organisations of Aotearoa New Zealand
The Environment and Conservation Organisations of Aotearoa New Zealand was formed in 1971 under the name of CoEnCo and changed its name to ECO in 1976....
considers that the Bill will hinder the input from communities and to favour large projects. It would also fast-track large developments and make little difference to smaller projects, a similar situation to the controversial National Development Act
National Development Act 1979
The National Development Act 1979 was an Act of Parliament in New Zealand. It was a controversial Act and was repealed by the National Development Act Repeal Act 1986.-See also:*List of Statutes of New Zealand*Resource Management Act 1991...
(repealed in 1986).
See also
- District PlanDistrict PlanA District Plan is a statutory planning document of New Zealand's territorial authorities.Mainly covering land use/zoning questions, they have become required since the advent of the Resource Management Act 1991...
, the main planning instrument of the RMA at District Council level - Environment Court, the court dealing with Resource Management Act matters
- Environment of New ZealandEnvironment of New ZealandThe environment of New Zealand is characterised by unique flora and fauna and a variety of landforms contained within a small island nation...
Further reading
- Harris, Rob (ed.) (2004). Handbook of Environmental Law (2nd Ed.). Wellington: Royal Forest and Bird Protection Society of New Zealand, ISBN 0959785183. Considered the standard commentary on the RMA.
External links
- The Resource Management Act 1991 - Full text of the current act as of 1 July 2011, New Zealand Government
- The Resource Management Act 1991 The original Resource Management Act as enacted in 1991.
- Resource management publications - from the Ministry for the Environment (New Zealand)
- Community Advice - Resource management-related material from the Environmental Defence SocietyEnvironmental Defence SocietyEnvironmental Defence Society is a not for profit environmental organisation based in Auckland, New Zealand.It focuses on issues surrounding the Resource Management Act and is made up of resource management professionals who are committed to improving environmental outcomes within New...
- RMAlink - community resource management material from ECO, The Environment and Conservation Organisations of New Zealand (Inc.)
- New Zealand Association of Resource Management - resource management practitioners association