Towards sustainable development, the role of the Resource Management Act 1991, PCE environmental management review No. 1

Report summary

A review of the role of the Resource Management Act 1991 (RMA) and its contribution to New Zealand's sustainable development goals. The report raises strategic issues to contribute to the debate about achieving better environmental performance.

 

Executive summary

This review raises strategic issues about the role of the RMA in contributing to the goal of sustainable development and proposes some actions to advance the RMA's contribution.

The RMA is an innovative vehicle that the Government is using to advance sustainable management of natural and physical resources. One of New Zealand's strategic weaknesses is that the concept of sustainable management does not appear to be well understood. A consequence of this is an inability to clearly define desirable environmental outcomes. In other instances a 'business as usual' approach may signal an unwillingness to work towards the goal of sustainable management.

There are some fundamental aspects of the RMA that assist in promoting sustainable management of natural and physical resources. These include:

  • recognition of intrinsic values
  • potential for the establishment of ecological 'bottom lines'
  • inclusion of people and communities as part of the environment
  • publication of the desired environmental outcomes of communities.

If we do want to move towards more sustainable development, then the RMA is only one of a number of pieces of legislation that can or should contribute to this goal.

The RMA is a complex piece of legislation. From its enactment in 1991, there was little effort made to manage the big changes in approach it required. The extensive criticism of the RMA is largely about process. The merits of advancing sustainable development and improving environmental management appear to be largely forgotten. The consequences of any changes to the Act on the quality of environmental outcomes do not appear to be part of the current debate.

The current, dominant governance paradigm revolves around 'least cost' (in fiscal terms) in the approaches to most facets of the supply of public and private 'goods'.

Some changes to the Act are undoubtedly needed but they should be developed through a much more open, consultative (with users, local government and communities) process that focuses both on how to maintain the integrity of the purpose of the Act and also improve its processes. 

Findings & recommendations

There is little demonstration of Government commitment to enhancing environmental management and the overall sustainability of resource use. Government's environmental focus appears to be dominated by conservation of indigenous flora and fauna. While this is an essential thrust for New Zealand, it constitutes only one part of the environmental agenda.

The unstated tenor of much of the current RMA debate is as much about reducing the core thrust of the Act (sustainable management) as it is about reducing compliance cost. Reducing the core thrust of the RMA is potentially a very risky pathway for New Zealand - a small trading nation in a highly competitive world in which environmental qualities will increasingly be a core component of competitive advantage.

The following action is needed to ensure that change to the RMA will enhance environmental management:

  1. A real commitment and investment by the Government to make the RMA a key component of contributing to sustainable development in measurable ways.
  2. If the Act is to deliver on sustainable management, it will require:
    • minor process changes where there is a consensus among local government, communities and other stakeholders
    • no changes to Part II that would reduce the Act's core requirements to contribute to sustainable management
    • increased capacity-building at institutional, professional and community levels
    • more constructive working relationships between territorial authorities and regional government, as demonstrated for example by the Auckland Regional Growth Forum
    • clear guidance from central government as to what is needed in an RMA plan
    • clear guidance from all councils as to what information is needed for resource consent applications.
  4. The retention of core aspects of the RMA including:
    • recognition of intrinsic values
    • potential for the establishment of environmental 'bottom lines'
    • inclusion of people and communities in the definition of environment
    • retention of amenity values as currently defined in the Act.
  6. The New Zealand Government, communities and businesses must return their focus to the environmental outcomes that are being sought through the RMA rather than simply the processes associated with the Act.
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