Resource Management Act (RMA)

Question 1

History of RMA

Answer 1

• Audit of NZ’s environmental management in 1980 by OECD, highlighted need to improve
• 1981: Nature Conservation Council prepared report identifying key ideas underlying how sustainable development could be applied in NZ
• 1980s: growing appreciation that key enviro legislation needed to be reviewed
• 1988: began formally reviewing a number of environmental statutes after Labour government re-elected to power
• 1991: revised act passed by Parliament

Question 2

Purpose of RMA

Answer 2

to promote the sustainable management of natural and physical resources

Question 3

Sustainable management means:

Answer 3

managing the use, development, and protection of natural and physical resources in a way, or 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 nat. and phys. resources to meet the reasonably foreseeable needs of the future
b) safeguarding the life supporting capacity of air, water, soil and ecosystems
c) avoiding, remedying or mitigating any adverse effects on the environment

Question 4

Approach of RMA

Answer 4

Effects Based Approach

• focuses on managing effects of activities rather than regulating the activities themselves
• adopts an enabling approach
• only intervenes where activities are likely to result in unacceptable environmental impacts
• can result in environmental planning being reactive rather than proactive

Question 5

Three types of councils

Answer 5

• 12 regional councils
• 68 city and district councils
• 6 unitary authorities

Question 6

EPA

Answer 6

Environmental Protection Agency

- deals with nationally significant proposals instead of local councils

Question 7

PCE

Answer 7

Parliamentary Commissioner for the Environment

- roles include investigating emerging environmental issues and may also examine concerns raised by the public

Question 8

Primary Responsibility of Regional Councils

Answer 8

enforcement of RMA and protection of water, air and land

Question 9

RPS

Answer 9

Regional Policy Statement

• RMA requires all regional councils to have a RPS
• addresses the higher level direction for the community (does not have rules)

Question 10

RP

Answer 10

Regional Plans

- have rules which control activities for which consent may be required

Question 11

District/City Councils Responsibilities

Answer 11

have fewer RMA responsibilities but more functions in other areas (e.g. infrastructure services, building consents)

Question 12

Definition of Unitary Authority

Answer 12

one organisation that has the responsibilities of both regional and district/city councils

Question 13

District Councils

Answer 13

• 9 district councils or TLAs in Canterbury
• TLAs required to have a district plan (DP) to control land use activities
• DP must be consistent with RPS
• DP focused on land use and therefore generally referred to as zoning
• intention: to avoid hap-hazard development, ensure infrastructure is able to meet demand, enable development on the land which achieves RMA

Question 14

Monitoring/Enforcement

Answer 14

• consents come with conditions that require monitoring and compliance checks
• may include contingency plan to be implemented if pre-determined compliance conditions are not met

Question 15

Enforcement

Answer 15

• if an individual or company harms the environment or causes an unlawful or unconsented discharge they will be prosecuted
• range of penalties: infringement notices, fines, abate notices
• an RMA is a CRIMINAL PROSECUTION and does not require the offence to have been deliberate

Question 16

Rules classify activities into different classes

Answer 16

• Permitted
• Controlled
• Restricted Discretionary
• Discretionary
• Non-Complying
• Prohibited