EDS proposes drafting changes to fix new resource management laws

The Environmental Defence Society (EDS) has lodged its final submission on the Planning Bill and Natural Environment Bill with Parliament’s Environment Select Committee, including detailed tracked-change drafting to address significant weaknesses in the legislation.

The submission builds on constructive feedback received on EDS’s earlier draft and introduces further analysis on scope, water conservation orders, marine provisions, and the interaction of the Bills with legislation covering the Waitākere Ranges and Hauraki Gulf.

EDS has identified four major concerns with the Bills.

Regulatory relief risks undermining environmental protection

The proposed regulatory relief regime could force financially stretched councils to compensate private landowners for public interest environmental protections. Without major changes, it risks creating a chilling effect on indigenous biodiversity and landscape safeguards.

Environmental limits lack clarity and strength

The limits framework has promise, but exemptions, trade-offs between human and environmental health with economic aspirations, and reluctance to allow councils to regulate mean it currently operates more like a balancing exercise than a true environmental bottom line.

Public participation is being stripped away

Removing meaningful opportunities for expert and community input undermines both democratic legitimacy and decision quality. Strong environmental law relies on transparent processes and independent scrutiny.

Narrowed planning scope could weaken outcomes

The Bills significantly narrow the scope of planning. This risks creating a system that manages development down to weak limits – rather than improving environmental conditions or preventing decline.