Government Directions on Environmental Legislation
Te Ahu a Turanga through Meridian Te Āpiti wind farm. Photo Credit: Waka Kotahi NZTA.
Introduction
In its first 100 days, the Government has clearly outlined what it considers are its key mandates in regard to the environment, and how it sets to address them. The following provides a brief summary of the key points:
Environment sits outside Cabinet: Hon Penny Simmonds has been designated as Minister for the Environment – one of four roles she has.
RMA Reform sits with Housing: Hon Chris Bishop has been designated as Minister of Housing, Infrastructure and RMA Reform.
Going for Housing Growth: National Party policy focusses on achieving housing growth with a focus on greenfield expansion.
Infrastructure for the Future: National Party policy for infrastructure focusses on fast-track consenting and long-term infrastructure planning.
Natural and Built Environment Act (NBA) Repealed: The Government has already repealed the NBA with the exception of Fast Track Consenting policies (which will be repealed shortly).
Spatial Planning Act (SPA) Repealed: Similarly, the SPA is repealed. There is no current clear guidance on how this might impact the work that has been undertaken on the new National Policy Framework.
Blueprint for a Better Environment: National Party policy for a better environment focusses on freshwater, biodiversity, climate and RMA reform.
Treaty of Waitangi: Indications are that references to the Treaty of Waitangi will diminish in favour of references to Treaty Settlements.
Summarising these directions, it is apparent that the Government has a strong focus on the use of resources (including landscape) for growth, with a diminished focus on community and environmental protection and enhancement. This has been reinforced by the Prime Minister's nine new Government targets, which do not feature any environmental outcomes (other than greenhouse gas emission targets).
At this time there remains requirements within current proposals to retain an effects-based resource management system, but proposed Fast Track legislation seeks to remove communities from decision making processes (no engagement with communities or adjacent landowners will be required for fast-tracked projects).
Future Legislation Pipeline
As identified above, some changes to legislation have already taken place, namely repealing NBA and SPA. What we know from Chris Bishop is that the following is likely:
Fast Track Approvals (FTA) Bill – NOW: This is currently open for public submissions and will replace the final elements of the NBA that were not repealed. As outlined, the FTA removes any requirement for applicants to engage with local communities or landowners about their projects, and expert panels will only be able to make recommendations to Joint Ministers who will make all final decisions on applications. ·
RMA Reform Phase 1 – May 2024: We understand that this will largely focus on changes within the existing RMA around Freshwater Management, extensions to Marine Farming consents, and ceasing implementation of new Significant Natural Areas. However, we anticipate there will be some other currently unknown amendments to the RMA.
RMA Reform Phase 2 – November 2024: Significant changes to the existing RMA are proposed to allow the Government to deliver its Housing for Growth agenda and greater enabling of renewable energy projects. This is also likely to include significant updates on the NPS for Urban Development in line with the Housing for Growth policy, with a particular focus on Mixed-Use Zoning and reducing requirements around Medium Density Residential Standards.
RMA Replacement – 2025/2026: It is currently mooted that the Government will seek to fully replace the RMA before the end of its current term.
The clear direction from the Government is that they will pursue changes to the RMA that focus on growth. We have little information on how much the Government will engage or consult on the development of this legislation, but we anticipate that it will be limited to constitutional requirements only.
NZILA Response
The NZILA RMA Working Group has been actively engaged behind the scenes monitoring the changes as they are announced. We are currently advancing the following key work streams:
Submission on the Fast Track Approvals Bill: The working group has prepared a submission that raises concerns about the FTA and its potential impact on Aotearoa New Zealand landscapes. The submission builds on our previous submissions on the Natural and Built Environment Bill (last year), emphasising the definition of both landscape and environment being inclusive of people. We question how elected representatives will be able to make decisions on projects that potentially affect all New Zealanders, without having an understanding of what these effects on people might be. You can read the full NZILA submission HERE.
Enhancing our relationship with Ministry for the Environment (MfE): We remain in contact with senior policy advisers at the Ministry for the Environment and are rounding out mechanisms for regular, meaningful and appropriate engagement. We have offered our collective profession’s expertise to MfE as a way of assisting with the development of legislation and policy.
Preparing Terms of Reference: We are working the NZILA Board to define the terms of reference for our working group. This will include details on how we might submit on various legislation or policy, how we engage with Government departments, and how we will work together across the profession, particularly with other important working groups.
Monitoring Future Legislation: We will continue to monitor legislation as it is progressed and take opportunities to engage with MfE and/or provide formal feedback where we are able.
Member Updates: We will endeavour to provide ongoing updates to members with details of submissions, through the LAA and NZILA websites.
Our submissions to the Government are important as they reaffirm our values and principles as a profession. We are investigating ways to build relationships directly with Ministers, so that we can be in a position to help them understand our world view.
What Can You Do?
If you are interested in joining the RMA working group, please let us know. We welcome insight and thought as to how we might engage and respond to legislation as it develops.
You can also submit on legislation yourself, and we know that it is important for as many people as possible to engage in legislation changes. If you are interested in submitting, then we would encourage you to consider the following key points:
The landscapes of Aotearoa New Zealand have significant value to us as people.
Landscape is core to our identity, reflecting the connection between people and place.
Definitions of landscape, and of environment, centre around the inclusion of people as a core part.
Our landscapes play an important role in our economic, social and mental wellbeing, both as individuals and as a community.
All landscapes are important, not just our National Parks, but also our coastal, rural and urban landscapes.
People and communities must be given the opportunity to have their say on projects that affect the landscape around them, particularly those projects that will result in significant and/or permanent landscape change.
It is important that elected representatives make decisions on the future of our landscapes and our environments with a full understanding of the effects on the people and communities that they represent.
Decisions on landscape and environmental change should align with the concepts of Oranga o te Taiao, and in particularly the important partnerships between Te Ao Māori and Te Ao Pākehā.
Engaging with people and communities often focusses the mind on methods to avoid effects, rather than defaulting to mitigation or remediation.
The closing date for submissions on the Fast Track Approvals Bill is 19th April 2024 and details can be found on the Parliament website. Making a submission is easy, just follow the prompts. Follow this link: https://bit.ly/43PhCnG
For any further information or discussion, please don’t hesitate to contact:
Shannon Bray, Chair NZILA RMA Working Group: shannon@wayfinder.nz