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Status Quo and Problem

The Resource Management Act 1991 (RMA or the Act) is the principal legislation for managing New Zealand’s environment and allocating rights for access to most natural resources. The RMA is a complex piece of legislation that seeks to balance social, cultural, economic and environmental matters – decisions made under the RMA often address some of the most controversial and contested issues facing New Zealand and play a crucial role in both environmental and socio-economic outcomes.

The RMA has been designed to operate on the basis that resource management decisions should be made by the authority that has the best available information, will be most affected by those decisions and therefore is best placed to promote sustainable management. Responsibility for implementing the RMA is, therefore, devolved to local authorities and the role of central government is to set policy on matters of national significance, provide support and training, and monitor the implementation of the Act. The high degree of devolution under the RMA coupled with a lack of clear central government direction has, however, exacerbated capacity issues in local government and led to variability in planning controls and the speed and quality of consent processing. In this context the RMA has been criticised for contributing to unnecessary delays and compliance costs that hinder efficient implementation, economic growth and major infrastructure development.

Problems with the RMA relate in particular to the:

  • clarity and effectiveness of central government direction
  • balance between public participation and timely and efficient processes
  • effectiveness of local government plan making processes
  • efficiency and effectiveness of resource allocation mechanisms.

While all are important, some problems are more complex than others and require further data collection analysis and consultation before appropriate solutions can be formulated. The government, therefore, proposes to address problems with the RMA in a series of phases. This Regulatory Impact Statement is associated with the first phase of reform aimed at streamlining, simplifying and improving RMA processes. Subsequent reform will address key environmental issues including infrastructure, water management, urban design and the role and functions of the Environmental Protection Authority (EPA).

The content of this initial reform package has been designed with the intended nature of subsequent reforms in mind and will not, with the exception of the transitional provisions governing the creation of the EPA, require further amendment.

The overarching policy objective and high-level policy options set out below are followed by sections discussing specific problems, targeted objectives and options for achieving them in a manner that promotes achievement of the overarching policy objective.

 

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