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Questions and answers from meetings on the proposed RMA improvements

The following are answers to questions that came up at the meetings Associate David Benson-Pope held on the government's proposed changes to the RMA in September 2004.

Improving consent decision making at the local authority level

What tools will be available for running council hearings?

The package includes a number of tools for councils to use during the hearings process.

Attendance could be required at pre-hearing meetings, and the hearings panel could set out a list of the key issues to be addressed at the hearing and the order that matters will be heard.

Written briefs of evidence could be required to be circulated prior to a hearing, for example where there is a lot of expert evidence that will be provided by the applicant or submitters. The hearings panel could also control the hearing so that the most important matters are dealt with first and the most relevant evidence heard, for example by putting time limits on presentations, taking some evidence as read, seeking additional evidence, and striking out submissions that are vexatious or frivolous.

These tools will not all be used in every case. Guidance will be provided through regulations on when it is appropriate to use certain tools.

Another improvement is that people on hearings panels will receive training, including in hearings processes. This will be mandatory for the chairperson of a hearings committee within 12 months of commencement of the amendments and within 24 months the majority of the committee must have completed and passed the training requirements of the "good decision makers" course.

Improving consent decision making at the Environment Court

What is the expected timeframe for when the Environment Court will be able to make declarations about notification decisions?

At the moment decisions about notifying applications can only be challenged in the High Court. Part of the package of improvements is to allow people to seek declarations from the Environment Court about decisions to notify. This will only occur when it is considered that the Environment Court's workload is at a manageable level - that case clearance targets are consistently being met. The Minister for the Environment will need to be assured that the Court could cope with an increased number of cases that may arise with this new function being given to the Environment Court.

Non-local decision making

Can you give examples of what kinds of applications central government will likely be involved in?

There are already criteria in the RMA (section 140) for determining whether it is appropriate to 'call-in' an application and have it heard by a board of inquiry. Under the proposals, a range of options are now available to the government. The Minister for the Environment could decide not to get involved or could request combined council hearings, appoint a process co-ordinator, organise a government submission or use the current call-in powers.

Examples of situations that might be appropriate for central government to become involved in are where applications have benefits, effects or communities of interest at a national level, such as power generation plants or mining facilities.

A Cabinet agreed protocol will be developed to guide the Minister's decision.

Improving local policy and plan making

Can you explain how the role of local government in developing policies will be changed?

One intention of the package is to clarify and strengthen the role of local authorities in developing policies regarding the use, protection and development of resources. Natural resource allocation will be clarified as being a function of regional councils. Regional councils will be able to include policies for promoting sustainable urban form and integrating land use policies with the effective provision of infrastructure in regional policy statements.

Regional policy statements will become more effective in guiding district and regional plans. These policy statements will now be required to "give effect to" these documents, rather than being "not inconsistent with" them as is currently required.

Furthermore, the role of local authorities in planning for their communities will be enhanced. The Environment Court will have to refer policy decisions back to councils for reconsideration, instead of changing the decision itself. The Court could provide directions to the council where this is appropriate.

Iwi consultation and iwi resource planning

Explain how co-management will work?

Co management, or "joint management", will be facilitated by changes to the legislation. There will no requirements for joint management rather there will be guidance on how it should occur, as is the case currently for the transfer of functions, powers and duties under section 33 of the RMA. The basis of a joint management arrangement between a public authority and a local authority will be an agreement outlining:

  1. an agreement to share the statutory function, power or duty of a local authority [or management of any natural or physical resource, or whole or part of region or district];
  2. the establishment of a process for the exchange of information and consultation between the public authority and local authority; and
  3. the establishment of a process for the active and meaningful participation by the public authority in the decision making processes of the local authority.

Allocating natural resources

What are the specific areas of natural resources that will be covered by the proposals relating to allocation?

The focus of the package of improvements is on the allocation of water, air and geothermal energy. Further work will be done in this area, for example through the Water Programme of Action.

Last updated: 6 May 2008