Week Two: Background on RMA, Related Legislation, Structure of Bills Flashcards
Planning In NZ 1970s-1980s
Town and Country Planning Act 1977. Necessary activity based planning zones. Town and Country Planning Acts had existed in various forms since Towns Regulation Act 1875
New Zealand 1980s
Government considered existing planning legislation was slowing approvals, so ad hoc: National Development Act 1979 and the Clutha Development (Clyde Dam) Empowering Act 1982
Pre 1988
Main planning law was administered and carried out by Ministry of Works and Development. Multitude of laws that made it difficult to comply with as no unifying principles
Sustainable development is…
Development that meets the needs of the present without compromising the ability of future generations to meet their own needs
First Minister for the Environment
Sir Geoffrey Palmer
Resource Management Act 1991 Purposes
RMA was to provide a coherent and consistent:
- Set of principles to manage all aspects of environment and
- Laws governing land, water, air and minerals all in one package
“An Act to restate and reform the law relating to use of land, air, and water”
RMA number of parts
1991:
- 15 parts, 9 schedules (about 300 pages)
-Amended multiple times between August 91 & Sept 97. Since 1997, amended further approximately 200 times
2023:
- 24 parts, 16 schedules
- 872 pages
RMA problems - Search for better legislation
“While a major improvement on the previous system, the RMA has not sufficiently protected the natural environment.”. The Act is 32 years old and out of date with current societal, environmental & cultural changes
RMA doesn’t meet the challenges of
- Urban growth pressures (a.k.a. housing crisis)
- Climate change
- Deteriorating freshwater quality
- Diminishing biodiversity
-Slow progress on implementing Treaty principle of partnership
What went wrong with the RMA?
- The legislation
- The ways it has been implemented (planners and other professionals were asked to implement without training)
- How institutions are arranged
RMA Review panels recommendations
- Improve environmental outcomes
- Enable better timely development of urban areas and elsewhere within environmental limits
- Produce far-reaching reform for now and generations to come
- Looked, not just at RMA, but at related legislation to provide better resource management system
Future of Legislation
~ 3 Acts instead of one.
1. Environmental protection of air, water, soil, and biodiversity
2. Land use planning
3. Climate change protection
~Move back to spatial planning
Related Legislation: Land
- Land Transfer Act 2017
The registration and transfer of title to land - Property Law Act 2007
Restate, reform, and codify (in part) aspects of the law relating to real and personal property
Related Legislation: Land subdivision
- Public Works Act 1981
Acquisition of land for public works
Local Government Act 1974
- Most of this Act repealed by the Local Government Act 2002
- Pt 21 sets out provisions on roads
- Part 29 sets out provisions on land drainage and rivers clearance.
- Part 29A – divestment of land drainage schemes and water race schemes
Related Legislation: Physical environment
Building Act 2004
Regulation of building work etc to:
- Contribute to people’s safety and wellbeing and
- Ensure buildings are designed, constructed and able to be used in ways that promote sustainable development
Heritage New Zealand Pouhere Taonga Act 2014
- To promote the identification, protection, preservation, and conservation of the historical and cultural heritage of New Zealand
Related Legislation: Crown Land
Land Act 1948
- Sets out the land districts under which titles registered
Crown Pastoral Land Act 1998
- Maintaining or enhancing inherent values across the Crown pastoral estate
- Supporting the Crown in its relationships with Māori under te Tiriti o Waitangi/the Treaty of Waitangi:
Crown Pastoral Land Reform Act 2022
- Amends both Acts
- Better manage & control any further development or intensification of pastoral farming activity on Crown pastoral land
- Recognising the relationship of tangata whenua with their ancestral lands
Related Legislation: Protecting Habitat
Conservation Act 1987 Inaga
Reserves Act 1977
National Parks Act 1980
Soil Conservation and Rivers Control Act 1941
Forests Act 1949
Walking Access Act 2008
Related Legislation: Waste Minimisation Act 2008
- Avoid
- Reduce
- Reuse
- Recycle
- Dispose
Related Legislation: Hazardous Substances and New Organisms Act 1996
Protect the environment and the health and safety of people and communities, by preventing or managing the adverse effects of hazardous substances and new organisms.
Product Stewardship
- Plastic packaging
- Electrical and electronic products (e-waste)
- Agrichemicals and their containers
- Refrigerants
- Farm plastics.
Related Legislation: Marine Environment
- Marine and Coastal Area (Takutai Moana) Act 2011
- Fisheries Act 1996
-Maori Fisheries Act 2004
-Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
-Maritime Transport Act 1994
Climate Change Response Act 2002
- A framework by which New Zealand can develop & implement clear & stable climate change policies under the Paris Agreement to limit the global average temperature increase to 1.5° Celsius above preindustrial levels;
- Allows New Zealand to prepare for, and adapt to, the effects of climate change and to meet its international obligations under the Convention and the Protocol
Related Legislation: Transport
Land Transport Act 1998
-To consolidate and amend various enactments relating to road safety and land transport
Land Transport Management Act 2003
-To contribute to an effective, efficient, and safe land transport system in the public interest
Railways Act 2005
-Promote the safety of rail operations
-Management of the railway corridor
Local Government Act 2002
Develops Long-Term Plans providing integrated decision-making and co-ordination of resources of the Local Authority. 10 year plans reviewed every 3 years.
Treaty Claims Settlement Acts
62 Acts which have statutory acknowledgements of grievances by iwi and hapu.
Future of Resource Management
- Natural and Built Environment Bill NBE
- Spatial Planning Bill
- To come…. Climate Change Adaptation Bill
