5 Framework for Environmental Protection

Since 1991, New Zealand's environmental laws have contained a number of common themes. Chief among these is the principle of sustainability, which is now the umbrella principle for management of natural and physical resources, indigenous forests, and fisheries.

While the sustainable development approach will help New Zealand find solutions that provide the best outcomes for the environment, economy and society, every country needs a framework for bottom-line environmental protection. New Zealand needs credible and effective environmental legislation that works efficiently and good environmental governance.

A number of laws connect with management of our environment or natural and physical resources. However, two key laws for which the Ministry is responsible are crucial to environmental management in New Zealand. Both laws have an impact on how people do business or develop their own properties, so sometimes create controversy and debate.

Resource Management Act 1991 (RMA)

The Resource Management Act 1991 is the cornerstone of New Zealand's environmental laws. It sets out how we manage our environment, including air, water, soil, biodiversity, the coastal environment, noise, subdivision and land use planning in general.

The principle of sustainable management of natural and physical resources promoted in the Resource Management Act is one element of the wider concept of sustainable development. The Act also promotes local decision making and communities being able to have their say about matters that affect them. It relies heavily on local government and the courts to implement it. It is clear that the good intentions of the Resource Management Act have not always been realised in practice, despite many improvements in implementation in recent years.

A whole of government review of the Act in 2004 led to a package of proposals for amendments to the legislation and initiatives to improve practice under the Act. The Resource Management Amendment Act No 5 was passed in August 2005. Considerable effort is still required to ensure that local government, business and professional groups are well informed about the changes and the implications for their activities.

The Ministry is working on a series of other initiatives to improve implementation of the Act. This includes the very successful Making Good Decisions programme, which provides knowledge and skills for RMA decision makers and which has already trained about 700 people. It will be the basis of an accreditation programme for resource consent hearings panels.

We are also developing a programme of national policy statements and standards under the Resource Management Act. Businesses working across a number of regions and resource management professionals support more national direction as a way to reduce compliance costs and improve consistency across the country.

National policy statements provide national leadership and direction on matters of importance. There is only one national policy statement under the Resource Management Act - the New Zealand Coastal Policy Statement. A review of the Coastal Policy Statement is being led by the Department of Conservation.

National environmental standards are mandatory bottom-line requirements that must be met by all. National environmental standards to improve air quality (6), limit release of dioxins and other toxins (7) and require collection of gases from large landfills (1) were approved in 2004. Local government has raised concerns about meeting one standard and we have been working with regional councils to support implementation (see Air Quality on page 8.)

The Ministry for the Environment has been developing a national policy statement on the protection of rare and depleted indigenous vegetation and is currently discussing this with local government. We are also working with the Ministry of Economic Development to consider options for national policy statements and standards for electricity transmission, electricity generation and telecommunications facilities.

Other proposed national environmental standards include drinking water sources, clean up of contaminated land and use of biosolids on land. The list of possibilities includes land transport noise, stormwater runoff, gas pipelines and facilities, septic tanks, freshwater, and urban issues.

Under the Resource Management Act, any decisions on the sustainable management of natural and physical resources must take account of the principles of the Treaty of Waitangi. Recent legislative amendments, including the Resource Management Amendment Act, place a significant emphasis on involving Maori in local government planning.

The Ministry is leading a process of engaging with senior Maori and local government representatives to identify opportunities for improving both environmental outcomes and Maori development through more effective engagement with management of natural resources.

Hazardous Substances and New Organisms Act 1996 (HSNO)

The Hazardous Substances and New Organisms Act 1996 (HSNO) is an important piece of legislation at the interface between the economy, the environment and public health. The purpose of the Act is to protect the environment, and the health and safety of people and communities, by preventing or managing the adverse effects of hazardous substances and new organisms (including genetically modified organisms).

The Act is administered by the Ministry for the Environment but is implemented by the Environmental Risk Management Authority (ERMA) and enforced by various agencies, including the Department of Labour and local government.

The Environmental Risk Management Authority (for which you have responsibility) makes decisions on the introduction of new hazardous substances or new organisms to New Zealand. It also places controls on the manufacture, handling, use and storage of hazardous substances and conditions on approvals to field test or release new organisms.

Some workability issues with implementation of the Hazardous Substances and New Organisms Act became evident several years ago. These have been addressed through a strategy intended to reduce the cost of complying with the Act without compromising public safety and the environment.

A Bill to improve the workability of the hazardous substances provisions of the Hazardous Substances and New Organisms Act was introduced to Parliament in February 2005. Though it completed the process of Select Committee consideration, it was not passed in the last term of Parliament. It was well received by all parties during the Select Committee process as being good for business and reducing costs while not compromising protection of the environment.

The proposed amendments are extremely important in providing an efficient way to transfer most of the 70,000 notified toxic substances in New Zealand to the control of the Hazardous Substances and New Organisms Act by June 2006. Without provision for the group standards introduced through these amendments, the transfer could cost the government about $2 million extra. The Hazardous Substances and New Organisms (Approvals and Enforcement) Amendment Bill will need to be revived in the new term of Parliament.

Together with the Ministry of Agriculture and Forestry and the Environmental Risk Management Authority, the Ministry is reviewing options for resolving impediments to trade in the interface between the HSNO Act and the Biosecurity Act. The problem concerns unintended organisms on imported goods. The organisms can be cleared under the Biosecurity Act as not presenting a risk, but if the organism is a new organism under the HSNO Act, it has to be refused entry. One example is taro mites present on taro imports.

The Environmental Risk Management Authority also makes decisions about applications to import, develop, field test or release genetically modified organisms. In 2001 the government endorsed the recommendation of the Royal Commission on Genetic Modification to take a precautionary approach which preserved options for the future.

While a number of field tests have been approved, no applications to release a genetically modified (live) organism have yet been received. When such an application is received, it is likely to generate significant public debate.

The Ministry for the Environment provides support for the Bioethics Council, which was established on the advice of the Royal Commission to advise, guide and promote dialogue on the cultural, ethical and spiritual issues associated with biotechnology.

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