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Environmental Protection Authority is born
01 The EPA team (from left: Kim Morgan, Steve Summers, Viv Smith, Ellen Butcher,
Aimee Chalmers and Kevin Currie) with Environment Minister Nick Smith.
New Zealanders now have an independent unit within Government dedicated to streamlining the Resource Management Act (RMA) decision-making process for nationally significant proposals.
The Environmental Protection Authority (Te Mana Rauhī Taiao) opened on 1 October, the day the Resource Management (Simplifying and Streamlining) Amendment Act was enacted.
02 The launch of the EPA marks a new era
in managing New Zealand's natural resources.
The new Environmental Protection Authority (EPA) is currently housed within the Ministry for the Environment but has a separate identity and operates as a separate statutory office. The Secretary for the Environment, Paul Reynolds, is responsible for the EPA.
The creation of an EPA was part of the Government’s election policy in 2008. The Minister for the Environment, Dr Nick Smith, envisages that the EPA will become a best practice example for the processing of large consent applications.
The Ministry’s Environmental Protection Unit Director, Kevin Currie, says the Government wanted a new, efficient consent pathway that could stop large applications from languishing or going through two lengthy and costly hearing processes, first at the council and then again on appeal to the Environment Court.
“The EPA system offers a single step consent process that is completed within a nine-month timeframe, when heard by a board of inquiry, and can only be appealed on points of law,” Currie explains.
He says the turnaround time does not reduce the opportunity to make submissions. “Rather, the EPA provides impetus and support to help set up systems so these tight deadlines can be met, giving assurance and opportunities for communities and individuals to participate.”
03 Secretary for the Environment Paul Reynolds presents the
new EPA logo with Minister Smith.
The EPA team (pictured) will work with the relevant councils to ensure that the councils’ expertise and knowledge on issues relevant to the region are taken into account. To facilitate this, a working group has been set up in conjunction with Local Government New Zealand consisting of senior council staff from across New Zealand to establish processes for engaging with councils when dealing with applications.
“The Government’s vision for the EPA is for the authority to facilitate the more effective, efficient and transparent management of the regulation of New Zealand’s environment and natural and physical resources.”
In addition, boards of inquiry will include members with local knowledge, good technical knowledge, and those who bring a national perspective.
Currie says the team is also gathering information about potential ‘nationally significant’ proposals that may be lodged with the EPA.
Currie has led seminars at law firms in Auckland, Wellington, Christchurch and Dunedin that are likely to be key advisers on large consent applications. Around 300 potential applicants, council representatives and legal advisers attended the 10 seminars, which covered the functions and processes of the EPA.
The Government’s vision for the EPA is for the authority to facilitate the more effective, efficient and transparent management of the regulation of New Zealand’s environment and natural and physical resources.
The Government is currently considering the shape of an expanded EPA to include a wider range of functions that are best performed at a national level. The Government’s broader intent is for the EPA to be the national regulator on environmental issues and the Ministry for the Environment to be a smaller policy agency.
The Minister for the Environment has explained that the consolidation of technical expertise and regulatory functions into one organisation separate from the Ministry will provide a necessary split between policy development and implementation.
The Minister would like to see a greater arms-length distance between himself and both the general operations of the agency and decision-making on complex technical matters.
There will be opportunities for the EPA to expand to include a wider range of environmental functions which are best performed at the national level. The Minister has already indicated that other potential functions of the EPA could include the management of the Exclusive Economic Zone legislation.
These options will need to be considered by Cabinet before the final scope and design of the EPA is decided. The Government is aiming to introduce legislation for the final shape of the EPA next year.
You can find EPA information, forms and guidance on the EPA website www.epa.govt.nz
You can contact the EPA on 0800 CALL EPA (0800 2255 372) or email information@epa.govt.nz
