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RMA - Update

The National – Act led Resource Management (Simplifying and Streamlining) Amendment Bill 2009 (the Bill) passed its second and third readings on the 8th September 2009.  The Bill had its first reading on 19th February 2009. Submissions opened on 20 February 2009 and closed 3 April 2009, by which time 840 submissions had been received. Of the 840 submissions, 339 were heard at Local Government and Environment Select Committee. The Bill was reported back to the House of Representatives on 18 August 2009 and passed into law now known as the Amendment Act (RMAA 2009) commenced on 1 October 2009.

The Act represents the single biggest review of the RMA since 1991. The review was centred around eight major themes:

• Reducing the ability for the RMA to be used for making frivolous, vexatious or anti-competitive objections and appeals
• Reducing the cost and time it takes to make decisions on proposals of national significance
• Establishing an Environmental Protection Authority (EPA) to process applications for proposals of national significance in a timely and efficient manner
• Improving plan development and plan change processes to reduce the time and cost associated with preparing and changing policy statements and plans
• Improving the resource consent process to reduce the cost and time faced by applicants while maintaining an appropriate level of public participation
• Streamlining the preparation, and improving the effectiveness of, national instruments including national policy statements and national environmental standards
• Improving the effectiveness and deterrent effect of enforcement and compliance mechanisms
• Increasing the efficiency and workability of RMA decision-making processes.

At the same time it was also decided to take advantage of the review process to correct technical inconsistencies, update references to other legislation, and remove redundant provisions from the RMA.

For more information on the Resource Management Act go to the Ministry for the Environment website for:

• Resource Management Act 
• General Information
• Overview of the Resource Management (Simplifying and Streamlining) Amendment Act 2009
• Transitional Provisions to the RMAA 2009
• Changes to Regulations made under the Resource Management Act 

Click here to download a copy of the “Resource Management Amended Act 2009”

Environmental Protection Authority (EPA)

The 2009 amendments to the Resource Management Act (1991) established the Environmental Protection Authority (EPA). Streamlining the decision making process for “nationally significant proposals”, such as major infrastructure or public works projects, was a part of these reforms. The EPA is a statutory office housed within the Ministry for the Environment under the Secretary for the Environment.  National pre-election policy announcements signalled an intention to create an Environmental Protection Agency (EPA) to achieve national environmental goals.

Under the amended Act a proposal of “national significance” can now come directly to the Minister for the Environment to decide whether to ‘call-in’ the matter and refer it to a “board of inquiry” or the Environment Court. Applications (for example resource consent applications or notices of requirement) required for a proposal of national significance can now be lodged with the Environmental Protection Authority (EPA). The EPA has been set up to receive applications and make recommendations to the Minister about whether the matter should be ‘called in’. RMAA 2009 also expanded the matters the Minister can ‘call in’ (for example it now includes council plan changes or variations and changes to consent conditions) and puts a nine month timeframe on decisions from a board of inquiry.

Applications in progress are:

1. Turitea Wind Farm proposal – Application made by “Mighty River Power” The proposed Turitea wind farm comprises up to 121 wind turbines. It would traverse public and private land located within the Manawatu-Wanganui Region, Palmerston North City and Tararua District. For more information click here 
2. Hauāuru mā raki (Waikato wind farm) – Contact Wind Ltd and Contact Energy Ltd’s application to build a 180-turbine wind farm on the West Coast of the North Island. For more information click here

For further information on the newly formed “Environmental Protection Authority” bureaucracy click onto the following web link: www.epa.govt.nz