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| Photo credit: NZ Herald |
The RMA is now so broken that it
is being consigned to the rubbish bin and replaced with two new pieces of
legislation: the Planning Act and the Natural Environment Act. These Bills are
currently working their way through Parliament and are before a select
committee that will hear public submissions.
The Natural Environment Act sets out the environmental rules and consenting framework. It defines how consents will be assessed, what standards must be met, and how councils make decisions. The legislation is intended to be simpler, faster, and more predictable than the RMA.
The Planning Act addresses
big-picture decisions, including where growth should occur, where
infrastructure should be located, and how regions should develop over time.
One of the most significant
concerns surrounding the reforms is how much influence iwi will have in the consenting
process. While many voters expected a complete roll-back of race-based
provisions in line with Coalition Agreement commitments, this has not occurred.
However, the minister overseeing the legislation, Chris Bishop, says the new
system will eliminate nearly half of all resource consents by reclassifying
them as “permitted activities” and raising the threshold for what constitutes a
“minor effect”.
Both Bills contain Treaty of
Waitangi clauses that outline how Māori interests will be provided for,
including involvement in the development of national instruments, spatial
planning, and council land-use plans.
Of particular concern are the
“kaitiaki” agreements between councils and hapū or iwi. These agreements grant
Māori guardianship status over a defined geographical area and require
consultation on resource consent applications. That usually involves applicants
paying for cultural impact assessments and accepting consent conditions that
financially benefit hapū or iwi. These agreements will remain in effect, although the
Crown will replace councils as the signatory.
This means the very mechanisms
that allowed the RMA to become captured and drift toward co-governance will be
embedded in the new system, potentially undermining it from within.
Submissions on the Bills must be
received by the Environment Select Committee by 4.30 pm on Friday, 13 February.
More information
Ministry for the Environment HERE>>>
Make a submission HERE >>>