Purpose Of The RMA (M.1) Flashcards
What’s the purpose of the RMA?
1) To promote the sustainable management of natural and physical resources. (pt 2, s5 (1))
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) too meet the reasonably foreseeable needs of future generations:
b) safeguarding the life supporting capacity of air, water, soil and ecosystems:
c) avoiding, remedying, or mitigating any adverse effects of activities on the environment. (pt 2 s5 (2))
What are the matters/other matters of National importance?
•Decision makers must “recognise and provide for” matters of National importance (s6)
•Decision makers must “have a particular regard to” other listed matters (s7)
•Decision makers must “take into account” the principles of the Treaty of Waitangi (s8).
What sections contain most of the defined terms
s2 is the general interpretation provision, s2AA defines terms relating to notification - affected person, limited notification, notification and public notification and s3 defines the very important term “effect”.
Definitions of unitary, territorial and local authorities?
a) Unitary authority is a territorial authority that has the responsibilities, duties and powers of a regional council.
b) Territorial authority is a city or district council
c) Local authority is a regional council or territorial authority ( local authorities were established under the Local Government Act 2002)
Match D.O.C, District Council, E.P.A, M.F.E and Environmental Court with the legislation they were established with?
D.O.C = Conservation Act 1987
District Council = Local Government Act 1974 (now the Local Government Act 2002)
E.P.A = Environmental Protection Authority Act 2011
M.F.E = Environment Act 1986
Environment Court = R.M.A 1991
Name the policies and standards (instruments) used to regulate matters under the RMA?
•National environmental standards (s43) and other regulations (s 360 and other provisions
• National policy statement, NZCPS
• Water conservation orders (Part 9)
• National planning standards (as 58B - 58J)
• Rules in regional plans
• Rules in district plans
Who are the RMA regulators?
CRNTRAL GOVERNMENT
•Minster for the Environment
•Minister of Conservation
•Minister Aquaculture
•EPA (support but don’t directly do it under the RMA)
•Boards of Inquiry
•Environment Court
•Special Tribunal
LOCAL GOVERNMENT
•Regional councils
•District councils
•A public authority with planning powers transferred from council
Who are the 3 ministers of the crown who have regulatory roles under the RMA?
•The Minister for the Environment
•The Minister for the Conservation
•The Minister for Aquaculture
What are some of the roles for the minister for the Environment?
•Admin of RMA-develops policy and legislative amendments.
•Developing and recommending making of
- National policy statements
- National environmental standards
• Preparing, approving and gazetting national planning standards (new 2017)
• calling in national matters of significance under Part 6AA-power of direction in re plans
• Recommending making of water conservation orders
What are some of the roles for the Minister of Conservation and Aquaculture?
MINISTER OF CONSERVATION
(In relation to the coastal marine area)
•Preparation and amendment of NZ coastal policy statement
•Approval of regional coastal plans.
•Plan-making role for coastal marine area of offshore islands eg, Kermadecs-s 31A
MINISTER OF AQUACULTURE
•In relation to regulations that amend regional coastal plans for aquaculture activities
What powers do Environment and Conservation have to direct councils with there plans?
MINISTER OF THE ENVIRONMENT
S 25A (inserted 2005) Minister may -
•Direct a regional council to prepare a plan, plan change, or variation to address an issue.
•Direct a disc trick council to change or vary its plan to address an issue.
MINISTERS FOR THE ENVIRONMENT AND CONSERVATION
S 25B (inserted 2009)
•Minister for Environment may direct a regional or district council to review a plan.
•Minister of Conservation may direct a regional council to review its regional council to review its regional coastal plan.
What powers of delegation do ministers have?
•All ministers have power to delegate their functions to the chief executive of their department, except functions in
s 29(1)
•Minister for the Environment also has power to delegate to EPA all functions except those in s 29(4)
•Minister of conservation can only delegate power under s 149ZD(4)
•Note that ministers’ powers relating to regulations under s 360 are included in the exceptions (since 2009)
What are other regulators?
EPA
•Established as Crown agent by Environmental Protection Authority Act 2011
•Functions under other Acts
UNDER RMA-SEE S42C FOR FULL LISTS OF ROLES
•Has administrative role
•Provides advice to Minister or board of enquiry
•Report and makes recommendations to Minister
•Provides secretarial and support services to boards of inquiry, special tribunals etc.
What are special tribunals?
•Appointed by the minister to hear and report on application for a water conservation order
Can the Environmental court act as a regulator?
Yes, where they are making decisions on plans i,e acting in the shoes of local authorities or a nationally significant matter that is also related to a plan and also do it on relation to a water conservation order appeals from the special tribunal recommendations.
