The Environment Committee reported back on RMA replacement bills, recommending some significant changes and retentions. However, this is not the end of the story. The government has signalled further significant changes for the Bills since the Committee’s report was published.
The Planning and Natural Environment Bills that will replace the RMA reported back from the Environment Committee in late July.
The Bills, as reported back, retained or strengthened some existing provisions, including ministerial direction powers and compensation for some plan rules. They also introduced significant changes, including enhanced Ministerial powers, excluding greenhouse gas emission effects from the new regime, and allowing natural-hazard rules to override existing land use rights.
Before they become law, the Bills will pass through the Committee of the Whole House. At that stage, the Government can introduce further changes by Amendment Paper. It has already signalled two significant developments.
Mana Whakahono ā Rohe arrangements are agreements between iwi authorities and local councils under the RMA that provide for iwi/Māori participation in RMA processes like plan-making and resource consent hearings. Some of these arrangements have pursued other objectives, including granting decision-making involvement and powers to iwi appointees. Once arrangements are entered, they can be changed only with both parties' consent.
The Bills originally preserved arrangements that had been entered or initiated before enactment of the Bills but did not provide for them in the new planning framework.
The Government has now said that existing and initiated arrangements will also be abolished and replaced by narrower agreements that will record how iwi authorities will participate in statutory planning processes needed to give effect to Treaty settlement redress. The detail is not yet available. However, the Minister has said the new agreements will contain "clear guard rails to prevent scope creep". An Amendment Paper is to be published soon.
Waikato Regional Plan Change 1 (PC1 )has been under development and court appeals since 2016. It is intended to give effect to Te Ture Whaimana, the vision and strategy for improving the health of the Waikato River. The Environment Court delivered its final judgment on the PC1 appeals in early July, meaning PC1 is expected to become operative soon.
The Government has raised concerns about the workability of PC1's discharge rules for farmers and vegetable growers. It has signalled that PC1 may be paused while the new planning regime is introduced, although it has not made a firm commitment.
The Bills had their second reading on 4 August. They will now proceed to the Committee of the Whole House, with the detail of the changes to be released in an Amendment Paper ahead of the Committee stage.
For further information on these changes or similar issues, please contact Managing Director Brigitte Morten.
