RMA replacement
The Government is in the process of a paradigm shift in resource management. It has repealed the Natural Built Environment Act 2023 and Spatial Planning Act 2023 reinstating the Resource Management Act 1991 on a temporary basis. Amendments to the RMA will be made as early as 2024 and a full replacement is anticipated within three years. There is no indication as to the content of the replacement RMA legislation other than an intention to enhance private ownership rights and rebalance application of the Treaty of Waitangi Principles.
However, a strong indication of the likely content can be implied from the Fast-track Approvals Bill which has been released. This bill is to replace the Covid19 Fast-track Process. Unlike its predecessor, the bill does not refer to sustainable resource management as its purpose and widens the scope of projects that may be considered significantly.
Further, the balance of changes Government has made to date or indicated it will make, together with the Honourable Minister Bishops' recent speech, support an intention to promote economic development, greater autonomy in undertaking activities or engagement in in the process, reduced presence of environmental protection by way of national guidance and reduced presences of Treaty of Waitangi Principles. Given this is a move from the present holistic approach with an overarching singular Act which draws environmental effects in at each step and requires recognition of Treaty of Waitangi Principles there is likely to be significant debate as to these changes.
Examples of changes made or proposed to illustrate the paradigm shift are:
The National Policy Statement for Freshwater Management 2020 will be amended in late 2024 and replaced before end 2025. Further, Councils may become exempt with respect to applying the NPS. The amendments are intended to:
rebalance Te Mana o te Wai to better reflect the interests of all water users.
allow councils more flexibility in how they meet environmental limits.
The National Policy Statement for Highly Productive Land is proposed to be amended to remove LUC-3 as a soil class, therefore reducing the productive land subject to restricted development and use.
The legislative effect of the Treaty of Waitangi Principles is to be reviewed and amended. A time frame has not yet been indicated.
Repeal of the ban of offshore oil and gas exploration.
These are important changes to the management of our natural and physical resources and the National Committee wishes to encourage robust comment and participation as we move forward providing feedback to the various Ministries and Government this year.
The Fast Track Approvals Bill has been developed quickly – within the Government's first 100 days in office. While it takes its lead from previous fast-track regimes, it introduces new concepts and approaches that significantly change the way some projects will be consented. RMLA members, as experienced practitioners, have an important role to play in making sure the legislation is appropriate and workable. We are therefore requesting that you complete this survey by 28 March to assist us in putting together a submission to the Select Committee.