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Statement of Intent 2008 - 2011

Foreword: Minister for the Environment

Introduction from the Chief Executive

Nature and Scope of Functions

Strategic Direction

Operating Intentions

Managing in a Changeable Operating Environment

Assessing Organisational Health and Capability

Environmental governance

Credible and effective environmental governance and legislation are essential for achieving good environmental outcomes.

What are we seeking to achieve?

Longer term outcome

The Ministry is seeking to achieve the outcome:

• Good environmental governance.

To achieve the outcome, the Ministry focuses primarily on work programmes related to the Resource Management Act, the Hazardous Substances and New Organisms Act, the Ozone Layer Protection Act, and international engagement on environment. The laws which the Ministry for the Environment is responsible for administering are listed on page 8.

Resource Management Act

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

Responsibility for decision-making is generally devolved to the community most closely affected by the use of the specific resource. This makes local government a critical part of environmental management in New Zealand. Central government has power to develop national policy statements on matters of national significance, national environmental standards and water conservation orders that are binding on local authorities.

To achieve good environmental governance in relation to resource management, the Ministry aims to provide appropriate statutory frameworks, national direction, appropriate standards, sufficient training, sufficient information and sufficient resources.

Hazardous substances and new organisms

The purpose of the Hazardous Substances and New Organisms Act 1996 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. The Ozone Layer Protection Act 1996 aims to protect human health and the environment from adverse changes to the ozone layer. The Ministry also implements New Zealand’s obligations under the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer.

The longer term outcomes for hazardous substances and new organisms are:

• Safer environment for people and communities.

• Reduced negative impact on the ozone layer.

A number of contributing outcomes will help in achieving the longer term outcomes, including: Reduced acute harms, Compliance with hazardous substances regulations, No negative environmental impacts related to new organisms introduced under the HSNO Act, and Reduced imports of ozone depleting substances (eg, methyl bromide).

Progress towards the longer term outcome for hazardous substances is described by some key indicators monitored as part of the Ministry’s national environmental reporting framework.

International engagement on environment

New Zealand’s environment is affected not only by what we do within our borders but increasingly by what other countries do within and beyond their borders. Examples include climate change, the ozone layer, hazardous substances and biodiversity loss.

We already work with other countries through multilateral environmental agreements and bilateral partnerships on specific issues. Environment cooperation agreements in the context of free trade agreements provide another platform for cooperation. New Zealand’s free trade agreements incorporate provisions to maintain high standards for environmental protection, support and promote sustainable development and build capacity to more effectively address environmental issues.

Much of the work under these arrangements focuses on improving knowledge, strengthening environmental policies, and building capacity and capability to implement such measures. International engagement also provides opportunities for New Zealand to influence the policies and practices of other countries, and to learn from their experience so we can adopt international best practices.

To manage towards good environmental governance the Ministry aims to affect key contributing outcomes:

• Improved knowledge about international best practice related to environmental laws, policies, regulations and practices.

• Appropriate international environmental standards and management regimes.

• Effective cooperation on environmental priorities with partner countries.

What will we do to achieve this?

The Ministry has a number of work programmes that will help achieve the longer term outcome of Good environmental governance.

Resource Management Act

In relation to resource management, the Ministry will:

• develop national policy statements on electricity transmission, renewable electricity generation and flood risk management

• develop national environmental standards for low impact telecommunications facilities, electricity transmission, on-site wastewater systems and contaminated land

• assist Ministers with their statutory functions under the Resource Management Act, including processing call-ins, water conservation orders and other interventions on projects of national significance

• monitor the performance of the RMA, including local government performance, and provide sound advice to Ministers and others

• provide advice to the government on ways to improve the RMA, backed by sound data on the operation of the Act (including costs of RMA processes)

• provide best practice advice and training for local government and practitioners, targeted assistance for councils, and guidance for the public, business and iwi to improve their understanding of the RMA

• implement the statutory obligations that arise from Treaty of Waitangi claim settlements and foreshore and seabed agreements

• implement the Flood Risk Management Programme.

Hazardous substances and new organisms

Contributing to the longer term outcomes described above, the Ministry will:

• provide appropriate statutory frameworks and policies to ensure the effective and efficient operation of the Hazardous Substances and New Organisms Act and the Ozone Layer Protection Act. This will include identifying and improving the less effective areas of the operation of these Acts

• provide appropriate leadership amongst key government agencies to clarify roles and responsibilities in support of the Hazardous Substances Compliance and Enforcement Strategy

• support the Environmental Risk Management Authority (ERMA) and the Minister in meeting their statutory obligations through the provision of sufficient information, as required.

International engagement

To work towards the outcomes for international engagement the Ministry will:

• subject to Cabinet decisions, negotiate and implement environment cooperation agreements in the context of new and existing free trade agreements, including agreements with Thailand, with Chile, Singapore and Brunei, and with China

• engage with and contribute to the work of relevant international environmental organisations including the OECD, WTO, UNEP, and UNCSD, and facilitate the provision of information to meet New Zealand’s international reporting obligations

• engage with and contribute to debate in the development of international protocols and other agreements, and implement aspects of these agreements in line with domestic policy

• provide advice and support in relation to attendance by our Ministers and senior officials at international environmental meetings, visits to other countries, and visits by foreign dignitaries and officials.

Demonstrating the links to outcomes

The Ministry is required to prepare a regulatory impact statement for all proposed regulations (or changes to regulations). This includes cost-benefit analysis, which assesses the appropriateness of the mechanism to achieving the intended outcome.

Under section 32 of the Resource Management Act the Ministry is required to evaluate the impact national policy statements and national environmental standards will have on objectives or, in other words, longer term outcomes.

An analysis of the National Policy Statement on Electricity Transmission showed that it will provide a consistent national policy framework for decision-makers on transmission network activities, and establish electricity transmission as a nationally significant activity under the Resource Management Act. This would result in benefits to the national grid operator (Transpower), consumers and the environment, and costs to local government and landowners. The quantified net benefits are estimated to be approximately $3 million. There is also an expectation that the management of the national grid as a matter of national significance could indirectly result in unquantifiable benefits to the whole electricity system of generation, transmission and distribution.¹⁵

By 1 September 2013 local government must ensure that all resource consents meet national environmental standards for air quality. The aim will be to lower the total economic cost of air pollution in New Zealand, estimated to be $1.14 billion each year. This figure equates to $421 for each person.¹⁶ In the future, the Ministry will consider whether total costs to society from air pollution have decreased as a result of the standards.

How will we demonstrate success?

Resource Management Act

To demonstrate progress towards good environmental governance in resource management, the Ministry carries out some specific evaluations.

We examined the impact of the Making Good Decisions Programme on the performance of hearings commissioners and hearings committees. An evaluation found that overall, 76 per cent of hearings committees appraised by respondents showed an improved overall performance as a result of the Making Good Decisions Programme.

Surveys of participants’ views on training help to inform the design of training interventions, so they can be tailored to people’s needs. In one evaluation of local government staff training, via survey, many respondents commented on the importance of having reporting officers attend regular training and that “refresher courses” would be of benefit.

Hazardous substances and new organisms

The following table summarises progress towards the longer term outcomes for hazardous substances:

By working towards the contributing outcomes, the Ministry will help achieve the longer term outcomes of a Safer environment for people and communities and Reduced negative impacts on the ozone layer. The Ministry will need to assess its impact on these contributing outcomes.

If the Ministry is successful in influencing the outcomes, we will see improved compliance and enforcement in terms of hazardous substances management, decreased harms and reduced hazardous substances incidents, and no negative impacts on the environment as a result of new organisms introduced under the Hazardous Substances and New Organisms Act. We will also see a measurable decrease in the importation of substances that cause problems for the ozone layer.

International engagement on environment

To evaluate success in the international work the Ministry will monitor whether free trade agreements between New Zealand and trade partner countries include environment cooperation agreements consistent with the 2001 Framework for Integrating Environment and Trade Objectives (Cab Min (01) 32/8). The New Zealand-Thailand Closer Economic Partnership Agreement, the Trans-Pacific Strategic Economic Partnership (with Chile, Singapore and Brunei) and the New Zealand-China Free Trade Agreement all include Environment Cooperation Agreements consistent with the requirements of the 2001 Framework.

The Ministry has undertaken a range of cooperation projects with Thailand, Singapore, Brunei and Chile including projects involving other departments, Crown Research Institutes and private sector organisations. It is considered that this work has contributed information and knowledge related to environmental priorities in New Zealand.

The Ministry will seek feedback from Ministers and key stakeholders as to the quality of advice provided in preparation for international environmental meetings.

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