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Overview Phase II Resource Management reform

Introduction

Phase II reforms of New Zealand’s resource management regime look to provide greater central government direction and closer alignment of legislation. 

Phase II builds on the Phase I RMA reforms. Phase I was about addressing the excessive bureaucracy, costs and delays of the RMA while safe guarding the environment.

Phase II is a far more complex reform process with 10 related work streams.

Phase II of the reform would cover:

  • improving infrastructure provisions
  • consideration of better freshwater management
  • exploring approaches to better urban planning
  • sustainable and cost effective aquaculture planning and development
  • addressing the establishment, role and functions of the new Environment Protection Agency EPA.

In addition there is also the opportunity to address other issues including:

  • Alignment of processes under the RMA with processes under other legislation where there is overlap.
  • Possible further amendments to the RMA to deal with complex issues that could not be dealt with in Phase I.

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
  • developing further the scope, functions and structure of the EPA
  • alignment of consenting processes under the RMA and the Forests Act 1949 and Forests Amendment Act 1993
  • investigating generic issues in the RMA that were too complex to be dealt with in Phase One
  • alignment of consenting processes under the RMA and the Historic Places Act 1993
  • 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.

Current outline about scoping work and next package of reform

RM Phase II A - Aquaculture

The Government is committed to developing an effective and enabling regulatory regime for aquaculture, while recognising the environmental and public character of our marine areas, and the rights of iwi, fishers and other users of our coastal marine areas. The Minister of Fisheries, Minister for the Environment and Minister for Economic Development have released an independent report prepared by the Aquaculture Technical Advisory Group, and are inviting submissions on the proposals set out in the report. An amendment Bill is expected to be introduced in mid-2010.

RM Phase II E - Developing further the functions and structure of the EPA

This work area will focus on the further development of the Environment Protection Agency. 

Before making final decisions on the structure, scope and functions of the EPA, the following considerations will be taken into account:

  • the need for the government to control over-all policy direction in relation to environmental regulation
  • the extent to which current implementation of regulation at a local level would benefit from centralisation
  • the extent to which functions and powers need to be under Ministerial control
  • the potential breadth of functions and powers that could be included in the EPA.

Analysis of potential options will be undertaken by officials to clearly understand the implications and estimated costs and benefits of proposals.  

RM Phase II I - Infrastructure

Improving planning for infrastructure is another major focus for the Government. The Government’s programme for economic recovery is dependent on an ambitious programme of infrastructure investment covering roading, public transport, broadband, electricity grid upgrades, new renewable generation and water infrastructure. 

This work will comprise several components including:

  • A review of the role of designations in facilitating infrastructure development and an examination of options for reviewing and streamlining the designation mechanism.
  • An investigation of alternatives to designations for planning for and managing the effects of activities on network infrastructure.
  • An investigation of whether compensation under the Public Works Act 1981 needs to be shorter but more generous to landowners.
  • streamlining and integrating processes under the Public Works Act and other legislation.

RM Phase II U - Urban Planning

The work will look at the effectiveness and efficiency of options and tools, including a national policy statement and metropolitan urban limits, to manage urban growth and achieve better urban planning and design outcomes.  It will examine ways of achieving better co-ordination between local authorities, government agencies and the private sector in the planning and design of our cities. 

It will also examine the relationship between land supply and housing affordability. It will align with other departmental work streams and will pay attention to the issues raised in the Report of the Royal Commission on Auckland.

RM Phase II W - Water

Cabinet has agreed work is needed to establish a fairer and more efficient water management system that provides for greater central government direction on resource management where appropriate.

The Government is working on a Water Strategy that will engage key stakeholders – water users, recreational users, iwi and environmentalists – to help shape and deliver better options for water management.

Existing work streams will continue, such as the development of a national policy statement for freshwater management. It is currently with a board of inquiry with hearings planned for mid-2009.  Work is continuing on the national environmental standard for on-site waste water systems, and also on the national environmental standard on ecological flows and water levels. A national environmental standard for the measurement of water takes is currently being prepared for drafting.

RM Phase II B – Building; RM Phase II C – Conservation; RM Phase II F – Forestry; RM Phase II H – Historic Places

These work streams investigate the potential of an aligning process for:

  • building consents under the Building Act and resource consents under the RMA, particularly for small-scale projects. This work will run in close coordination with work being done to review the Building Act being undertaken as part of the Regulatory Review.
  • concession process under the Conservation Act and resource consents under the RMA for projects on conservation land
  • situations particularly where archaeological authorities are required along with resource consents.  The work needs to align with a proposed review of the Historic Places Act.
  • land subject to a registered Sustainable Forestry Management Plan under forestry legislation and resource consents required by a local authority.

RM Phase II G - Generic matters under the RMA

This work will investigate a range of generic RMA issues that have been identified for Phase One of the RMA reforms by the Technical Advisory Group, officials and others.  These issues were generally too complex to be dealt with in Phase One of the reforms, but offer further improvements in regard to processes. 

Various suggestions have come to light from the submissions received for Phase One.  Officials will collate these, scope the merit of each one and report to the Minister in the next few months. 

Consultation

The scoping of each work stream and drafting of possible legislation could involve advisory groups which provide advice on issues associated with each of the work streams.  The Minister has indicated that there will opportunities for public consultation and engagement.

The government considers that there may be advantages in establishing advisory groups additional to the set up of the Technical Advisory Group that was established for Phase I as there are many specialised work streams.

Timing of report backs on scoping projects

    The outcome of the scoping exercises for each work stream will start being announced over the next few months.  

     

    Last updated: 9 November 2009