Fresh insights into legislation replacing the RMA
Fresh insights into legislation replacing the RMA
Tuesday 24 September, 2024
At the recent Resource Management Law Association (RMLA) Annual Conference, we had the opportunity to hear from The Honourable Chris Bishop, in his capacity as Minister of RMA Reform together with Simon Court, an adviser to the Minister on a glimpse into the upcoming replacement legislation for the Resource Management Act (RMA). The discussion offered fresh insights into what the future of resource management in New Zealand could look like; it is clear that significant changes are on the horizon.
The current RMA has long been a point of debate, with calls for a more streamlined system that balances environmental protections with development needs. The proposed replacement framework, consisting of two new Acts, seeks to simplify processes while maintaining a strong national direction. Although the draft legislation is still being developed, early indications suggest Government is aiming for a more uniform, rules-based approach across the country that adopts similar approaches already implemented in other jurisdictions including the commonwealth and state governments of Australia.
Key Features of the Proposed Replacement Legislation
The two new Acts will aim to create a system that prioritises simplicity, private property rights, and national consistency. The expectation is that fewer individual resource consents will be needed, with clear national standards in place, and more minor disputes managed through a disputes tribunal model rather than the Environment Court.
Some of the core principles guiding the development of the legislation include:
Impacts on Local Communities and Councils
A key question remains around how the proposed centralised model will accommodate the varied needs of different communities and regions. At present, policies, plans, and consents take into account a wide range of local factors. How these will be managed under a more centralised, national approach remains unclear.
These changes also appear to align with proposed amendments to the Local Government Act 2002, which aim to remove councils’ "wellbeing" obligations, refocusing them on infrastructure and service delivery. How this shift will interact with the new resource management framework is yet to be determined.
What’s Next?
As the replacement legislation for the RMA continues to develop, it’s clear that it will have a significant impact on resource management across New Zealand. A centralised, uniform system offers the potential for greater simplicity and efficiency, but questions remain around how it will address local aspirations and needs while maintaining robust environmental protection.
We’ll be keeping a close eye on these developments and assessing what they will mean for resource management in practice.
