Stevie Blyth-Nepia
Solicitor
tel:+64 7 349 5565
mailto:stevie.blyth-nepia@hobec.co.nz
Qualifications
- LLB (First Class Hons), University of Waikato 2023
- Admitted to the Bar in New Zealand 2024
Contact
- DDI: +64 7 349 5565
- M: +64 21 805 269
- E: stevie.blyth-nepia@hobec.co.nz
Stevie is a Solicitor in the litigation team at Holland Beckett.
Stevie began her Bachelor of Laws at Te Piringa Faculty of Law at the University of Waikato whilst working for the Ministry of Justice. She then agained experience with resource consenting and environmental policy matters at Te Arawa Lakes Trust, before joining the civil litigation and Māori land team at Holland Beckett in Rotorua.
Outside of work, Stevie enjoys going to the gym and spending time with her family.
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Blueprint for RMA Reforms
The Government\'s RMA reform programme signals a radical transition with less red tape for resource management.
Last week, the Expert Advisory Group’s Blueprint for Resource Management Reform was released, along with a cabinet paper discussing the Group’s proposal. This is a major step forward in the Government’s Resource Management Act 1991 (RMA) reform agenda. Some of the proposals (such as the focus on property rights) were foreshadowed, however others offer some intriguing insights into the Government’s approach to shaping the RMA of tomorrow. Below, we delve into the Blueprint and what the Government has said so far.
Proposed to replace the RMA
The Government has proposed two new Acts to replace the RMA:
The Planning Act, which proposes “to establish a framework for planning and regulating the use, development and enjoyment of land”; and
The Natural Environment Act, which proposes “to establish a framework for the use, protection and enhancement of the natural environment”.
The two new Acts will be based on enjoyment of property rights while focussing on the concept of “externalities” – being the costs or benefits resulting from activities that fall on a third party. Effects borne by the person undertaking the activity will not be controlled.
Each Act will also contain a set of decision-making principles, to guide decision making. This is a notable new concept which is not present in the RMA. Examples of the proposed decision-making principles include recognising the positive effects of development and balance these against costs, providing guidance as to how to resolve conflicts within documents, and consider whether adverse effects should be minimised, remedied, offset, or mitigated.
Key proposed reforms
The Blueprint proposes new approaches to many matters, however, some aspects bear strong resemblance to the short lived Natural and Built Environment Act 2023, such as the proposals around national direction, environmental limits, and spatial planning. Below we outline some of the key proposals.
Permitted activity presumption – the two Acts will have starting presumptions that a land use is enabled unless there are significant impacts on either the ability of others to use their own land or on the natural environment.
National standardisation of the RMA system – including nationally set land-use zones, rules, and policies. This will allow spatial and regulatory plans to be collated and accessed as “one national e-plan for New Zealand”.
No more regional policy statements – these will be eliminated and partially replaced by spatial plans made under the Planning Act.
A single regulatory plan per region – the regional council will prepare a natural environment plan, and district councils will each prepare a chapter of a combined district plan.
No more first in first served – where a resource approaches overallocation, or an environmental limit will soon be breached, the relevant community must agree a timeframe and approach for making improvements and settle on an alternative allocation method to ‘first-in-first-served’.
Changes to consent processes:
Alternative consent processing tracks, such as direct referral and nationally significant proposals, are not proposed to be included in the Planning Act.
The two Acts will raise the bar for when a person is considered to be affected, with only those ‘materially affected’ by an activity able to participate in consent processes.
When an application is fully notified, the Blueprint proposes that notification be limited to the district within which the activity is located.
Changes to activity classes, including:
Making greater use of permitted activities;
Removing controlled activities;
Greater focus on the use of restricted discretionary activities;
Removing non-complying activities;
Narrowing the scope of prohibited activities and providing direction on how they are to be used.
Environmental limits – the Natural Environment Act will require environmental limits to protect the life-supporting capacity of the natural environment.
A new Planning Tribunal – to offer quick, low-cost conciliation and administrative review of council functions. Of note is a proposed new route to challenge notification decisions by way of administrative review – with challenge of notification decisions only available by way of judicial review to the High Court at present.
Reverse sensitivity will be no more – the Blueprint proposes that the Planning Act will clarify the protection of existing use rights, including that those who ‘come to the nuisance’ will not be able to complain about it.
Landscape and amenity effects – do not have a role in the new system, beyond protecting outstanding features and landscapes, and areas of high natural character.
Treaty settlements and Te Tiriti purpose – the Government has confirmed that provisions honouring existing Treaty settlements will be included in the Acts. The Blueprint recommended the existing s 8 RMA clause and the requirement to ‘take into account’ the treaty principles be carried forward, however, the Government has said that the departure from the recommendation was due to having “a different view as a Government”.
A copy of the press release, including the Blueprint and cabinet paper, can be found here. The bold goals of the Government for RMA reform mean users and practitioners are in for some interesting times. Landowners, developers, businesses and local authorities should closely monitor the progress of the proposed RMA reforms and prepare for substantial changes to the planning system.
If you have any questions or wish to discuss the RMA reforms, please get in touch with our resource management team.
Phase three of the Resource Management reforms
Last week, the Government 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.