RMA Reform Minister Chris Bishop said that the new law would result in "less red tape"
The Resource Management Act is set to be supplanted by new planning legislation that would be premised on property rights, according to the government.
“The RMA is broken and everyone knows it. It makes it too hard to build the infrastructure and houses New Zealand desperately needs, too hard to use our abundant natural resources, and hasn’t resulted in better management of our natural environment”, Minister Responsible for RMA Reform Chris Bishop said.
He highlighted the government’s repeal of permitted and restricted discretionary intensive winter grazing regulations as well as its passage of the Fast-track Approvals Act to accelerate the delivery of projects with “regional or nationally significant benefits”.
“Cabinet has now agreed on the shape of the Government’s replacement legislation, signalling a radical transition to a far more liberal planning system with less red tape, premised on the enjoyment of property rights,” Bishop explained.
Under the new system, the Planning Act will concentrate on regulating land use, development and enjoyment while the Natural Environment Act focuses on the natural environment’s use, protection and enhancement. The starting presumptions in both Acts is that land use is enabled unless it significantly affects others’ land use or the natural environment, limiting the scope of regulated effects. Lawfully established existing use rights will be protected as well.
Under the National Environment Act, national policy direction will cover freshwater, indigenous biodiversity and coastal policy. The national policy direction under the Planning Act will cover urban development, infrastructure (including renewable energy) and natural hazards.
Environmental limits will be set with a clear legislative basis, improving certainty on where development can and should be enabled while protecting the environment. National standards, such as standardised land use zones, will be established.
Regions will be required to have individual spatial plans that identify sufficient future urban development areas, development areas that prioritised for public investment and existing and planned infrastructure corridors and strategic sites. Combined council plans will include a spatial planning chapter, an environment chapter and planning chapters (one for each territorial authority district).
The new system is also based on the “externalities” economic concept, in which the system will not control effects that are borne only by the party undertaking the activity. A national compliance regulator with a regional presence will also be appointed to protect the environment.
“Common sense ideas like standardised zoning will be a key feature of the new system. Right now, every individual council determines the technical rules of each of their zones. Across the country there are 1,175 different kinds of zones. In Japan, which utilises standardised zoning, they have only 13”, Bishop said. “Standardising these zoning rules will take pressure off ratepayers and make it easier to build more homes for Kiwis. It will also enhance local decision making, allowing elected local representatives to focus more time on deciding where development should and should not occur in their community, and less time on the enormous amount of technical detail that goes into regulating that development”.
He confirmed that the government intended to introduce the new Acts into the House before the year ended.
“Turning our economy around requires changing the culture of ‘no’ that permeates decision making in New Zealand. Whether it’s aquaculture off the coast of the South Island or a new green building replacing a heritage gravel pit next to a train station in the centre of our biggest city, the RMA has obstructed growth instead of enabling it”, Bishop said.
