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New package of resource management work to begin

According to Environment Minister Dr Nick Smith, the reason resource law is so important to New Zealand is that we, probably more than any other developed country, are dependent on our natural resources for our competitive advantage.

“It does not matter whether it is dairy, tourism, meat, wine, forestry or fish – the wise use of our natural resources is at the core of our economic success,” says Dr Smith.

Managing environmental challenges (New year, new challenges)
Alignment of consenting processes under the RMA
and the Building Act 2004 is    one of the 10 related
work streams of the Resource Management reform.

“The Government views good natural resource law as critically important to lifting our nation’s game and securing the sort of future we want for our children,” says Dr Smith.

The first phase of resource management reform focused on addressing excessive bureaucracy, costs and delays of the Resource Management Act while safeguarding the environment, according to Dr Smith. These first phase reforms are addressed in the Resource Management (Simplifying and Streamlining) Amendment Bill which is currently being considered by the Local Government and Environment Select Committee. The Committee is expected to report back to the House on 27 July, rather than late June as initially signalled.

The Government is now planning a second phase of resource management reforms and this is guided by the Government’s commitment to provide greater central government direction and to avoid duplication of processes under the RMA and other statutes. 

“Further reforms are needed to improve the economic and environmental outcomes of the Act. Phase Two is a far more complex reform process with 10 related work streams,” says Dr Smith.

These work streams cover improving infrastructure provisions; consideration of better freshwater management; exploring approaches to better urban planning; sustainable and cost effective aquaculture planning and development; and addressing the establishment, role and functions of the new Environmental Protection Authority (EPA).

Due to the detailed and complex nature of the second phase of the resource management reform programme, Dr Smith expects work will progress at a more modest pace than the first phase of reforms. The Minister says a number of advisory groups will be involved and there will be significant opportunities for public consultation and engagement.

“The Government views good natural resource law as critically important to lifting our nation’s game and securing the sort of future we want for our children.”

Ten related work streams:

  • addressing barriers to sustainable and cost-effective aquaculture development
  • alignment of consenting processes under the RMA and the Building Act 2004
  • alignment of consenting processes under the RMA and the Conservation Act 1987
  • alignment of consenting processes under the RMA and the Forests Act 1949 and Forests Amendment Act 1993
  • alignment of consenting processes under the RMA and the Historic Places Act 1993
  • developing further the scope, functions and structure of the Environmental Protection Authority
  • investigating generic issues in the RMA that were too complex to be dealt with in Phase One
  • improving infrastructure provisions, including the application of the Public Works Act 1981
  • exploring better approaches to urban planning
  • establishing a fairer and more efficient water management system.

Government officials are scoping the parameters for the projects and will present options to the Minister in August.

Developing an Environmental Protection Authority

This article describes the Resource Management (Simplifying and Streamlining) Amendment Bill in relation to the Environmental Protection Authority in the form it was introduced to Parliament, and before the report-back from the select committee, which considered 840 submissions on the Bill.

The Government has signalled clearly its intention to establish an Environmental Protection Authority (EPA).

“Initially, the primary purpose of the EPA will be to provide efficient and timely administration of the consent process for proposals of national significance, such as major infrastructure or public works projects,” says Dr Smith

Managing environmental challenges (New year, new challenges)
Part of the new Resource Management reform will include exploring
approaches to better urban planning.

“As part of phase two, I see opportunities for the EPA to expand to include a wider range of environmental functions which are best performed at the national level. There are a range of other potential functions that an Environmental Protection Authority could undertake. But I need to consider a number of issues with my Cabinet colleagues before the final scope and design of the EPA is decided.”

The initial roles, functions and powers of the EPA will be exercised by the Secretary for the Environment. The EPA would act as a stand-alone unit within the Ministry for the Environment. Details about the logistics of this will be confirmed once the Resource Management (Simplifying and Streamlining) Amendment Bill is reported back and enacted.

It is proposed that the EPA would receive, evaluate and make recommendations to the Minister for the Environment regarding the processing of nationally significant proposals (including consent applications, plan changes and notices of requirements).

All recommendations to the Minister would be based on an assessment against the national significance criteria in the RMA. The Minister would then decide whether to refer a proposal to a board of inquiry or to the Environment Court or back to a local authority.

Once an application is lodged with the EPA (if no further information is requested), the EPA would have 10 working days to evaluate the application and make a recommendation to the Minister about whether the proposal should be called in or not.

It is expected that the establishment of the EPA would see a rise in the number of requests for a call in.

All final decisions on a proposal would remain independent of the EPA and the Minister by being made by a board of inquiry or by the Environment Court.  Overall, the current framework for consideration of nationally significant proposals remains almost the same as it is now. 

One change is that the current Bill proposes that nominations of potential candidates for a board be sought from the relevant local authorities.  A board would also need to include a person with local knowledge.

The degree of public participation in the decision-making process would remain unchanged from the current call-in process.  The public would still be able to participate by making submissions and attending local hearings.

An EPA website will be established. The Ministry will be producing new guidance material and holding workshops to further explain the EPA and its functions following enactment of the Bill. 

Criteria for national significance


Improving infrastructure provisions is part of the Resource
Management reform.

Eligibility for a proposal to be called in are assessed against the ‘national significance’ criteria outlined in the RMA.  The existing national significance criteria states that “in deciding whether a matter is, or is part of, a proposal of national significance, the Minister may have regard to any relevant factor, including whether the matter:

  1. Has aroused widespread public concern or interest regarding its actual or likely effect on the environment, including the global environment.
  2. Involves or is likely to involve significant use of natural and physical resources.
  3. Affects or is likely to affect any structure, feature, place, or area of national significance.
  4. Affects or is likely to affect more than one region or district.
  5. Affects or is likely to affect or is relevant to New Zealand’s international obligations to the global environment.
  6. Involves or is likely to involve technology, processes or methods which are new to New Zealand and which may affect the environment.
  7. Results or is likely to result in or contribute to significant or irreversible changes to the environment, including the global environment.
  8. Is or is likely to be significant in terms of section 8 of the RMA (Treaty of Waitangi).”

The Resource Management (Simplifying and Streamlining) Amendment Bill proposes one new criterion: “To recognise the operational infrastructure needs of a nationwide network utility operator”. This criterion seeks to address that while a project may not individually be considered to be of national significance, it may play a significant role in improving or maintaining the functioning and integrity of nationally significant networks, such as roads, railways, pipelines and electricity transmission.

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