RMA – economy at the expense of the environment

By John Lawson

Malibu Hamilton and Eugenie Sage at the RMA meeting – Image John Lawson

Around 40 people came to the Bowling Club on Thursday 3rd October to hear Green Party environment spokesperson, Eugenie Sage MP, urge them to write to their local MPs about the Government’s proposed changes to the Resource Management Act (RMA), our main environmental and planning law.

Eugenie said National’s proposed RMA changes posed a serious threat to the environment and would erode local democracy and public participation. “The changes to the core principles at the heart of the RMA will twist it into a law which promotes economic development at the environment’s expense, rather than enabling development while safeguarding environmental bottomlines.”

The changes include removing any reference to “amenity values” and requiring outstanding natural features and landscapes to be specifically identified for them to be recognised in any resource consent decisions. She said the proposed law changes would also strengthen landowners’ rights , make it harder for Councils to have rules controlling land and water use and would increase the Minister’s power to direct changes to Council plans. Eugenie lives in Christchurch and gave the example of CERA allowing heritage buildings to be demolished without any opportunity to for the community to have a say, even when the buildings could be made safe. This took power away from the community.

The RMA became law in 1991. At that time it was supported by both Labour’s Geoffrey Palmer and National’s Simon Upton (former Raglan MP) and as unanimously supported by all MPs during its final stages in Parliament before it became law in 1991. Now under National the RMA had become a political football because the Government was not
interested in building cross party support for any changes. Eugenie said if the Greens were part of Government in 2014 they would seek to reverse National’s changes which weakened the RMA. The other speaker at the meeting, Malibu Hamilton of Whaingaroa Environmental Defence, gave an example of a local proposal thrown out by the Environment Court. As the evidence about noise disturbance was based on ‘amenity’, the Court couldn’t consider it in future. Malibu also mentioned the seabed mining proposed for Taranaki, which could be extended here in a few years, with restricted opportunities to object.

Malibu opposed the proposed changes to the Environment Court procedures and the 10 day notice for objections on the non notified consents. At present there’s little delay for the 94% of ‘non-notified’ applications and only 1% are
appealed. Therefore he and Eugenie both thought the claims for faster decision-making were much exaggerated, but slightly faster decisions would be at the expense of fair decisions protecting the environment. Several questions mentioned that environmental quality is being lost, even before further weakening of the RMA. Eugenie said that despite National’s coalition partners saying they don’t support the weakening of the RMA’s key principles, the Minister is intent on pushing ahead. Eugenie encouraged everyone to take part in the democratic process, including the current local elections. So far the RMA amendments are just proposals. To keep it that way, it’d help to email shane.ardern@parliament.govt.nz.

Below is the change in wording between the current and proposed sections 6 and 7 of the Resource Management Act:

PROPOSED

CURRENT

6 Principles (1) In making the overall broad judgment under section 5 in order to achieve the purpose of this Act, all persons performing functions and exercising powers under the Act must, in relation to managing the use, development, and protection of natural and physical resources, recognise and provide for the following as matters of national importance:

(a) the preservation of the natural character of thecoastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use and development;

(b) the protection of specified outstanding natural features and landscapes from inappropriate subdivision, use and development

(d) the maintenance and enhancement of public access to and along the coastal marine area, lakes and rivers;

(e) the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, waahi tapu and other taonga;

(f) the protection of protected customary rights;

(g) kaitiakitanga;

(h) the efficient use and development of natural and physical resources, including the benefits derived from their use and development;

(I) the importance and value of historic heritage;

(j) the effects of climate change;

(k) efficient energy use and benefits of renewable energy;

(l) the effective functioning of the built environment, including the availability of land to support changes in population and urban development demand;

(m) the management of significant risks from natural hazards

(n) the efficient provision of infrastructure;

(o) the maintenance of aquatic habitats, including significant habitats of trout and salmon;

(p) the effective functioning of ecosystems.

6 In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance:

(a) the preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development:

(b) the protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development:

(d) the maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers:

(e) the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga:

(f) the protection of historic heritage from inappropriate subdivision, use, and development:

(g) the protection of protected customary rights.

7 In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to—

(a) kaitiakitanga:

(aa) the ethic of stewardship:

(b) the efficient use and development of natural and

physical resources:

(ba)the efficiency of the end use of energy:

(d) intrinsic values of ecosystems:

(f)maintenance and enhancement of the quality of the environment:

(g) any finite characteristics of natural and physical resources:

(h) the protection of the habitat of trout and salmon:

(i) the effects of climate change:

(j) the benefits to be derived from the use and development of renewable energy.

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