The Government has released the first draft of the proposed law that will replace the RMA. Known as an exposure draft, it outlines key aspects of the Natural and Built Environments Act (NBA), which covers land-use and environmental regulation, and is the primary replacement for the RMA.
An exposure draft of a Bill is one that is put out for stakeholder and public feedback, followed by an initial select committee inquiry, with a second select committee process to be held when the full Bill is introduced to Parliament early next year.
Environment Minister David Parker says the process provides two opportunities for people to have their say on the proposed reforms.
He says the NBA sets out the ways the proposed system will protect the environment.
“A new national planning framework will provide clear direction on how the new system is implemented,” Parker said.
“This integrated set of regulations will include mandatory environmental limits that cannot be crossed to avoid irreversible harm to the environment.”
“These limits will protect ecological integrity and human health. This includes limits relating to freshwater, coastal waters, estuaries, air, soil and biodiversity.”
The proposed system would set specified outcomes in the framework.
“We have moved away from just managing effects of activities because the existing RMA has allowed cumulative adverse effects, including degraded water, increasing climate emissions and soil loss,” he said.
“Clear direction will be provided to achieve positive outcomes for the quality of the environment, the protection and restoration of the ecological systems, as well as outstanding natural features and landscapes.”
Federated Farmers vice president and resource management spokesperson Karen Williams is pleased an initial round of submissions and select committee inquiry will be followed by a second select committee process.
She says if anything has been learned about the introduction of the Essential Freshwater regulations it is the need for a thorough and genuine consultation process, so the extra step of consultation around the NBA is welcome.
However, she says Federated Farmers is deeply concerned with proposals to place decisions affecting local communities in the hands of unelected regional planning committees, with at most one person representing each local authority, an as yet undefined number representing mana whenua and one representative of the Minister of Conservation.
“That stripping away of local democracy undermines the ability of local communities to have a real say – via duly elected councils – on fundamental aspects of what happens in their own neighbourhoods,” Williams said.
She says that seems to be a backwards step to a centralised prescribed planning regime as opposed to a resource management approach that is tailored by the local community.
She is also worried that elevation of the precautionary principle and changes like the requirement for councils to promote afforestation to tackle climate change will mean the ability of the agricultural sector to underpin the economic and social welfare of the nation – let alone the nation’s post covid-19 recovery – will be further strangled.
DairyNZ general manager of responsible dairy Jenny Cameron says a comprehensive reform of the RMA is long overdue.
She says the system has become unpredictable and inefficient for applicants.
“Farmers need greater certainty and want to see a process that is faster, simpler and less costly, that will deliver better environmental outcomes,” Cameron said.
She says the information released by Parker is a draft outline of one of a number of pieces of legislation proposed by the Government to replace the RMA.
She says in partnership with Federated Farmers and Beef + Lamb NZ, DairyNZ will thoroughly review all aspects of the proposed new laws and give feedback to the Government on changes needed to ensure positive outcomes for farmers and NZ.
Local Government NZ (LGNZ) president Stuart Crosby says a key issue will be how to consolidate more than 100 plans into 14 regional plans without eroding the democratic right communities currently have to have a say in how their district develops.
He says LGNZ is broadly supportive of the proposed RMA reform process.
“But as the regulatory-doers of 95% of resource management, councils know only too well what happens if you don’t pindown critical matters when legislation is being drafted,” Crosby said.
“Councils have seen three decades of red tape that’s reduced the productivity and the wellbeing of communities, even as the quality of our natural environment has gone backwards.
“As a country, we cannot afford to repeat this process. Collectively we need to elevate the level of public debate about these reforms from ‘anything has to be better than the RMA’ to one where we critically look at the proposals to assess whether they will improve on the status quo.”
