Phase three of the Resource Management Reforms
Last week, the Government has announced that two new laws are to be developed to replace the Resource Management Act 1991 (RMA), with the enjoyment of property rights as their guiding principle.
Replacement of the RMA is part of the final phase (phase three) of the Government’s reform of our resource management system.
The Government’s intention with a property rights focused system is to allow people to do more on their own property more easily, so long as it does not harm others. Where harm to others results from an activity, the intention is that the new system should step in to protect a property owner’s rights from being compromised by unreasonable activities occurring around them.
Cabinet has agreed on ten core design features of the new resource management system. These features are still at a high level and more detail will be required before the effectiveness of these methods can be assessed in achieving the Government’s aspirations. The ten features are as follows:
Narrow the scope of the resource management system to focus on managing actual effects on the environment.
Establish two acts with clear and distinct purposes – one to manage environmental effects arising from activities and the other to enable urban development and infrastructure.
Strengthen and clarify the role of environmental limits and how those are to be developed.
Provide for greater use of national standards to reduce the need for resource consents and simplify council plans.
Shift the focus away from consenting before activities can get underway, and towards compliance, monitoring and enforcement of activities’ compliance with national standards.
Use spatial planning and a simplified design process to lower the cost of infrastructure.
Realise efficiencies by requiring one regulation plan per region, jointly prepared by regional and district councils.
Provide for a rapid low cost resolution of disputes between neighbours and between property owners and councils, with the potential for a new Planning Tribunal (or equivalent).
Uphold Treaty of Waitangi settlements and the Crown’s obligations.
Provide faster and cheaper processes with less reliance on litigation, contained within shorter and simpler legislation that is more accessible.
An expert advisory group has been appointed to assist with the development of the new system, whose expertise includes resource management law, planning and te ao Māori. The Government expects key aspects of the new system to go before Cabinet for agreement before the end of the year with the intention for legislation to be passed before the next election.