EDS Has Concerns Over Sweeping Review Of National Direction Under The RMA
This review is being driven more by political expediency and ad hoc coalition agreements than sound policy logic.
The Government today released for consultation an unprecedented package of reforms to national direction under the Resource Management Act 1991 (RMA). This review covers 12 existing instruments and proposes 4 new ones – making it the largest overhaul of national direction in the Act's history.
National direction – including national policy statements, environmental standards, planning standards, and section 360 regulations – sits at the core of the RMA.
'These instruments drive local planning and consent decisions across key domains such as freshwater, indigenous biodiversity, the coastal marine area, and more. They are, in effect, the engine-room of the environmental management system and are incredibly important,' said EDS Chief Operating Officer and resource management lawyer Shay Schlaepfer.
'EDS will undertake a detailed and rigorous analysis of the proposals over the coming days. However, serious concerns are already emerging from our preliminary review, including:
1. Undermining Te Mana o te Wai – The proposed rebalancing of the hierarchy of obligations embedded in Te Mana o te Wai would significantly weaken protections by removing the clear requirement to prioritise the health and wellbeing of water bodies over uses.
2. Cattle grazing in wetlands now allowed – Even if the wetland contains threatened species.
3. New provisions weaken environmental bottom lines – The reprioritisation of freshwater objectives is likely to leave gaps, have cumulative adverse effects, allow more pollution and breach FTAs.
4. Mining even more enabled – Easier consenting pathways are proposed in valued environments.
5. Forestry reforms miss the mark – The review of the National Environmental Standards for Commercial Forestry appears to sidestep the fundamental structural and operational failings in those standards in spite of EDS drawing those matters to attention of the Minister.
'The context of the wider reform process raises critical questions of coherence and purpose. This extensive revision is occurring under the framework of the RMA, at the very time the Government is proposing to replace it with two new statutes that will have different enabling provisions for national direction. That suggests this review is being driven more by political expediency and ad hoc coalition agreements than sound policy logic.
'Importantly, any changes made to national direction as a result of this process must comply with the purpose and principles of the RMA, including its purpose of achieving sustainable management of natural and physical resources. Where proposals fall short, legal challenge is likely.
'We will release further commentary, analysis and webinars as our expert team works through the full breadth of the discussion documents. EDS will itself be presenting detailed feedback and will oppose any lowering of necessary environmental protections,' concluded Ms Schlaepfer.
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