What’s in it for the Environment? Neil Deans The law doth punish man or woman That steals the...
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RMA Reform What’s in it for the Environment? Neil Deans The law doth punish man or woman That steals the goose from off the common, But lets the greater felon loose That steals the common from the goose. 1
What’s in it for the Environment? Neil Deans The law doth punish man or woman That steals the goose from off the common, But lets the greater felon loose
Whats in it for the Environment? Neil Deans The law doth punish
man or woman That steals the goose from off the common, But lets
the greater felon loose That steals the common from the goose.
1
Slide 2
Summary RMA summary Reasons for reform Proposed changes Process
Environmental outcomes Sections 6 & 7 Section 32 Positive
aspects? What can you do? 2
Slide 3
What is Fish and Game NZ? Successor to Acclimatisation
Societies 150 years old Public Entity managing Sports Fish and Game
Birds in the recreational interests of anglers and hunters User
pays - user says Responsible to Parliament via Minister of
Conservation Major interest in freshwater habitats; look after the
habitats and the species will look after themselves Major RMA
engagement; process 1500 2000 resource consents/year; applied for
most Water Conservation Orders; engaged with regional plans incl.
One Plan 3
Slide 4
What is the RMA? Environmental legislation; promotes
sustainable management of natural and physical resources Effects
rather than activity based; Enabling; allows resource use that is
sustainable Also allocates access to use of natural resources
Integrated; land, water, air, coasts Land able to be used unless
plans constrain; Air, Water, Coasts not able to be used unless
allowed Decision-making devolved; with public input A planning act;
regional plans enable resource use 4
Slide 5
Rt Hon Simon Upton Unlike the current law, the Bill is not
designed or intended to be a comprehensive social-planning statute.
It has only one purpose to promote the sustainable management of
natural and physical resources. RMA is: a framework to establish
objectives by a physical bottom line that must not be compromised,
a much more liberal regime for developers. Activities will have to
be compatible with hard environmental standards, and society will
set those standards. Bipartisan & consultative approach until
now... 5
Slide 6
Does the RMA need reform? Lack of Problem Definition RMA a
convenient whipping boy Process Decisions take too long; are too
costly; are too uncertain We have reached limits; stymieing
development and hence, the economy Outcomes Improved environment,
or greater access to natural resources managed under the RMA?
Better reflect todays values and priorities 6
Slide 7
Govt Mandate for Reform RMA needs fixing... TAG Report into
Sections 6 & 7 No clear problem definition Undue haste/lack of
public involvement 7
Slide 8
Governments Business Growth Agenda 8
Slide 9
Building Natural Resources sets out the important role that our
natural resources play in helping us to have a more productive and
innovative economy. It sets out the actions the Government is
taking to help improve the way we use and manage these resources.
It encourages New Zealands businesses, large and small, to find
ways to become more innovative and to get the best returns for both
our economy and environment from our natural resources. The
Government is doing its part by putting in place improved resource
management systems that will enable faster economic growth while
maintaining our environmental integrity. 9
Slide 10
Improvements to Process Speed process Faster, or better,
decisions? Reduce public involvement 96% of consents processed
without public notification Increase likelihood of authorisation?
Presently 90% of large scale consents are granted consent; should
100% be consented? Ministerial powers to override? Decrease
uncertainty? What about environmental outcomes? 10
Slide 11
RMA performance 2010/11 36,154 resource consent applications
decided: 0.56 % (203) of applications declined 4 % (1414) of
applications publicly notified 2 % (849) of notified to affected
parties 1 % (357) of decisions were appealed. Local authority
officers acting under delegated authority made 91% of decisions on
resource consent applications. 95 % of resource consents processed
on time. MfE
http://www.mfe.govt.nz/publications/rma/annual-survey/2010-2011/key-
facts/index.htmlhttp://www.mfe.govt.nz/publications/rma/annual-survey/2010-2011/key-
facts/index.html 11
Slide 12
Do submitters matter? Changes to submission and appeal rights
Proposal to specify that some applications should be processed
non-notified Proposal to limit submissions and appeals to only the
reasons the application was notified and the effects related to
those reasons Direct government intervention in Plan content At any
stage in process
Slide 13
Process Changes 13
Slide 14
Does the Environment Court matter? Changes to the appeal
process Hearings on resource consent appeals to be by rehearing
rather than de novo Plan appeals on joint plans to be only where
Council departs from recommendations of independent hearings panel
(otherwise on questions of law only), and by rehearing rather than
de novo
Slide 15
Is Environmental Quality too high? NZ trades on its clean and
green image; what is this worth? Both as a sense of identity/value
proposition; and To our society and economy Environmental Outcomes;
what is the state of our environment? Water Quality High country;
good and stable Lowlands; often poor and declining Biodiversity
Declining To conclude; environmental improvement is required
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Kiwi Priorities (from Hughey et al, 2010) Government Individual
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Part II Section 5: Purpose (1) The purpose of this Act is to
promote the sustainable management of natural and physical
resources. (2) In this Act, sustainable management means managing
the use, development, and protection of natural and physical
resources in a way, or at a rate, which enables people and
communities to provide for their social, economic, and cultural
well-being and for their health and safety while (a) sustaining the
potential of natural and physical resources (excluding minerals) to
meet the reasonably foreseeable needs of future generations; and
(b) safeguarding the life-supporting capacity of air, water, soil,
and ecosystems; and (c) avoiding, remedying, or mitigating any
adverse effects of activities on the environment. 25
Slide 26
Sections 6 & 7: Principles Engine Room of RMA; used as a
checklist in planning Currently matters of national importance or
other matters, to which, respectively, all decisionmakers must
recognise and provide for or have particular regard to. Do these
reflect contemporary values? 26
Slide 27
Proposed Changes; Section 6 6 Principles (1) In making the
overall broad judgment to achieve the purpose of this Act, all
persons exercising functions and powers under it in relation to
managing the use, development and protection of natural and
physical resources shall recognise and provide for the following
matters [no longer of national importance]: Reintroduction of
balance Departs from case law; does not confirm it 27
Slide 28
Section 6 contd (a) the preservation of the natural character
of the coastal environment (including the coastal marine area),
wetlands, and lakes and rivers and their margins, and the
protection of them from inappropriate subdivision, use and
development; (b) the protection of specified outstanding natural
features and landscapes from inappropriate subdivision, use and
development; 28
Slide 29
Section 6 contd (c) the protection of specified areas of
significant indigenous vegetation and significant habitats of
indigenous fauna; (d) the value [not maintenance and enhancement]
of public access to and along, the coastal marine area, wetlands,
lakes and rivers; 29
Slide 30
Section 6 contd (e) the relationship of Mori and their culture
and traditions with their ancestral lands, water, sites, waahi
tapu, taonga species and other taonga including kaitiakitanga; (f)
the protection of protected customary rights [not activities];
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Slide 31
Section 6 contd (g) the benefits [not costs] of the efficient
use and development of natural and physical resources; (h) the
importance and value [not protection] of historic heritage [not
from inappropriate subdivision use and development]; (i) the
impacts of climate change; 31
Slide 32
Section 6 contd (j) the benefits [not costs] of efficient
energy use and renewable energy generation; (k) the effective
functioning of the built environment including the availability of
land for urban expansion, use and development; (l) the risk and
impacts of natural hazards; (m) the efficient provision of
infrastructure; 32
Slide 33
Section 6 contd (n) [not protection of] areas of significant
aquatic habitats, including trout and salmon; (2) For the avoidance
of doubt section 6(1) above has no internal hierarchy. 33
Slide 34
Existing matters proposed for deletion: 7(aa) the ethic of
stewardship 7(c) the maintenance and enhancement of amenity values
7(d) intrinsic values of ecosystems 7(f) maintenance and
enhancement of the quality of the environment 7(g) any finite
characteristics of natural and physical resources. 34
Slide 35
Case Study Waimea River, Nelson Regionally important fishery,
swimming, whitebaiting, wildlife habitat 130% overallocated; river
dried up twice in last decade Flow requirements for trout 1300
litres/second; for native fish less than 500 litres/second Water
quality requirements for nitrates 1 ppm for trout; perhaps 4-6 ppm
for native species; 11 ppm toxic for humans Is this river
significant; would it meet that threshold? 35
Slide 36
Proposed Section 7 Methods All persons performing functions and
exercising powers under this Act must: (1) Use best endeavours to
ensure timely, efficient and cost-effective resource management
processes; (2) In the case of policy statements and plans: (a)
include only those matters within the scope of this Act; (b) use
concise and plain language; and (c) avoid repetition; (3) Have
regard to any voluntary form of environmental compensation,
off-setting or similar measure which is not encompassed by section
5(2)(c ); (4) Promote collaboration between local authorities on
common resource management issues; and (5) Achieve an appropriate
balance between public and private interests in the use of land.
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Section 32 RM Reform Bill Now: Evaluation of cost effectiveness
of alternative options to achieve objectives through plans
Proposed: (a)...including the opportunities for (i) economic growth
that are anticipated to cease to be available; and (ii) employment
that are anticipated to be provided or reduced; and (b) if
practicable, quantify the benefits and costs referred to in
paragraph (a) 37
Slide 38
Is there anything useful here? A planning template; may improve
consistency Consistency, reducing uncertainty, speeding process are
all desirable The proposals, however, will reduce certainty,
require relitigation to establish new case law as to what the
provisions mean and therefore are likely counterproductive towards
these ends 38
Slide 39
Who supports these changes? Federated Farmers Hort NZ National
and ACT Much support behind the scenes Is it really good for small
business? 39
Slide 40
Who is concerned? Parliamentary Commissioner for the
Environment, Dr Jan Wright These changes are far more radical than
any previous amendments to the RMA. The RMAs focus is, and should
remain, on the protection of New Zealands natural and physical
environment. There is also a subtle but significant undermining of
environmental protection through the removal of some environmental
considerations and weakening of others. There are many improvements
that can be made to the RMA. But the proposed changes to sections 6
and 7 are in an entirely different category and should not go
ahead. 40
Slide 41
Former PM and architect of the RMA, Sir Geoffrey Palmer Those
changes will significantly and seriously weaken the ability of the
RMA to protect the natural environment and its recreational
enjoyment by all New Zealanders. 41
Slide 42
Dom Post Farming Editor Jon Morgan
http://www.stuff.co.nz/business/farming/8453
690/RMA-overhaul-won-t-help-the-environmenthttp://www.stuff.co.nz/business/farming/8453
690/RMA-overhaul-won-t-help-the-environment Business commentator
Rod Oram http://www.stuff.co.nz/business/opinion-
analysis/8400307/Oram-A-naked-power- grab
http://www.youtube.com/watch?v=9cR40CXP0hshttp://www.stuff.co.nz/business/opinion-
analysis/8400307/Oram-A-naked-power-
grabhttp://www.youtube.com/watch?v=9cR40CXP0hs
http://www.facebook.com/SaveTheRMA?fref=ts RMLA, NZILA, F&GNZ,
F&B, EDS, FMC, etc Is this NZs future? 42
Slide 43
What can you do? Write to the PM; the Minister for the
Environment Amy Adams; your local MP Support comment/actions on
this Make submissions to Select Committee 43
Slide 44
Conclusion Proposed changes are part of a package intended to
facilitate economic development by opening access to our natural
resources Resource management will become politicised as never
before Uncertainty and social discord will increase The environment
will be further degraded 44