The RM Reform Update is a regular update from the Ministry for the Environment to people and organisations that have an interest in the reform of the resource management system. If you would like to subscribe to these updates, please click here.
The reform of the resource management system is progressing with the Natural and Built Environment Bill and Spatial Planning Bill currently being considered by the Environment Select Committee. They will report back to parliament on the Bills on 27 June 2023.
The Select Committee has received over 3000 submissions and held hearings on the Bills across the country. We would like to thank all those individuals and organisations that submitted to the Bills for their helpful and insightful suggestions. These can only make the new resource management system stronger and more fit for purpose.
We are working on the basis that the Bills will become law in mid-2023.
We are now planning the next stages of the resource management reform journey. This includes the development of the national planning framework, the transitioning of the resource management aspects of treaty settlements to the new system and the implementation of the new system including the first group of regions to transition to it.
It is important to note that it will take a number of years to fully transition to the new system under the Natural and Built Environment Act and the Spatial Planning Act and the current system under the RMA will still be operational for some time yet.
The Ministry is continuing to work with the Local Government Steering Group and we are pleased to have new members recently join. The contribution of the Steering Group with respect to how “local voice” can be better enabled in the legislation has been particularly valuable.
As we progress to transition and implementation, we are working with the Steering Group to establish an operational group focused on implementation of the SPA and NBE Bills – a Local Government Implementation Group (LGIG). We will work with the LGIG to identify priority projects that will support implementation of the new legislation. We will provide further information shortly, as arrangements are confirmed.
We also welcome the reformation of the Strategic Planning Reform Board – a cross government interagency executive board which is responsible for the implementation, oversight, monitoring and reporting of the Spatial Planning Act. It will now be called the Spatial Planning Board.
The impacts of the severe weather is much on our minds and you can read how the Ministry is involved in the response to the recovery efforts.
We look forward to continuing our journey with you to a new system that will better protect the environment while enabling development – achieving a flourishing environment and thriving communities.
Ngā mihi nui,
Janine Smith, Deputy Secretary, Natural and Built System and Climate Mitigation
Environment Minister David Parker spoke on the resource management reform at two major conferences over the last two months.
Read his speeches on the Beehive website:
To support the implementation of the Spatial Planning Act, once enacted, the current Strategic Planning Reform Board which was established to develop the Spatial Planning Bill will be repurposed (and now be called the Spatial Planning Board).
The Spatial Planning Board will be responsible for the implementation, oversight, monitoring and reporting of the Spatial Planning Act. The Board will consist of Chief Executives from central government agencies and will support the Ministerially appointed central government members of regional planning committees.
A key role for the Board will be to coordinate the input of a number of central government agencies who will play a role in the development of each region’s spatial planning strategy. Agencies include environment, conservation, economic development, housing, transport, other infrastructure, health, education, coastal marine, climate change, Māori Crown relations, Māori development and local government.
The Spatial Planning Board will be supported by the Spatial Planning Policy Office (SPP Office) to deliver the following functions:
One of the next stages of the reform journey is the development of the National Planning Framework (NPF).
The first iteration of the NPF is intended to provide high-level direction for regional planning committees to support strategic direction and identification of natural hazards at the regional level and consideration of strategic opportunities to improve resilience.
A full public consultation and hearings process run by an independent board of inquiry will follow notification. The board of inquiry will hear submissions and provide recommendations on the first full NPF proposal. This process will inform final decisions on the first NPF, expected to be made by Cabinet in late 2024.
The Ministry is in the early stages of considering the content and timing of additional content to the NPF and these will be subject to further ministerial decisions.
The Ministry will publish a roadmap of future NPF amendments, to provide a clear signal as to what is coming next in the NPF. This will include additional detailed direction to inform Natural and Built Environment plans.
Read more about the National Planning Framework.
The Ministry is continuing to work with the Local Government Steering Group (LGSG) and we welcome the new members who have joined the group.
As we progress to transition and implementation, we are working with a subgroup of the LGSG to establish an operational group focused on implementation of the SPA and NBE Bills – a Local Government Implementation Group (LGIG). We will work with the LGIG to identify priority projects that will support implementation of the new legislation. We will provide further information shortly, as arrangements are confirmed.
Implementation of the new resource management system is a complex and far-reaching project that could take up to 10 years to complete.
Supporting some regions to transition to the new system first will activate the new system promptly, as well as provide opportunities to shape how it is implemented.
The Ministry for the Environment will provide funding, technical support and guidance to up to three ‘first tranche’ regions to establish their regional planning committees, and then develop the first regional spatial strategies and natural and built environment plans.
Regions participating in the first tranche will be able to access funding and support to move to the new system, build regional capacity and capability to operate in the new system, be leaders in its implementation and influence implementation support design for regions that follow.
The Ministry has been engaging with iwi and local government in several North Island regions including Taranaki, Hawke’s Bay and Tairawhiti in the North Island around the FTR opportunity.
MfE is keen for South Island regions to participate in first tranche regions, we have provided information and look forward to progressing FTR discussions soon.
Scoping FTR (up to 6 months) will help regions to explore what is required to get work in the new system underway and what support may be needed from central government.
Taking part in the supported scoping exercise does not commit a region to being in the first implementation tranche. However, councils, iwi and post-settlement governance entities will need to agree to proceed as a first tranche region.
The next phase after scoping will involve working towards confirming the first tranche regions. This will follow enactment of legislation, anticipated mid-2023.
The Ministry has held a number of regional hui over the past 5 weeks, with more to come by the end of May. To date our resource management teams have met with hapū and iwi in Tauranga Moana, Tauranga, Tai Tokerau, Kerkeri, Te Tairāwhiti, Gisborne, Mātaatua, Whakatane as well as holding a number of online hui. What is clear is that ongoing korero and partnered engagement remains the key. We will be able to give a more detailed summary in our next newsletter.
The severe weather events which affected the upper North Island in early 2023 have brought our response to the changing climate to the front of New Zealanders’ minds.
The Government’s focus is on enabling a locally led recovery, ensuring that affected communities are at the centre of decision making. In many cases this means being responsive to calls for assistance from local government and the wider community.
The Ministry for the Environment is working alongside other Government agencies to support the broader response in a number of ways, including options for support in the immediate and longer term.
From June 2023 onwards, laws will be changed on a range of issues to help communities continue to recover from the effects of the recent severe weather events.
The mechanism that will be used to do this is a piece of secondary legislation called an Order in Council. Orders in Council enable the Ministry for the Environment to amend legislation we are responsible for, which in this context is the Resource Management Act 1991 and the Waste Minimisation Act 2008.
The Ministry for the Environment is currently scoping potential Orders in Council. We are likely to have a role in developing and supporting other agencies to develop Orders in Council to:
Ministers have asked the Ministry to consider how the resource management system might better manage risks from natural hazards like flooding, in light of the severe weather events.
We are exploring options in this space and have begun some initial conversations with local government experts and treaty partners.
The Ministry is continuing to develop the Climate Change Adaptation Bill, which is expected to be introduced to Parliament this year.
This Bill will begin to address questions around processes for communities to adapt to the impacts of a changing climate.
We have been engaging with stakeholders and partners (including iwi, hapū and Māori groups) to consider policy options for how a system for managed retreat and broader adaptation could work. We are also working closely with a Managed Retreat Expert Working Group on these issues, whose advice expected in the next few months.
This Bill will strengthen the toolbox Aotearoa New Zealand has to adapt but is only one of the tools we have.
The National Adaptation Plan sets out the Government’s long-term strategy to build our climate change resilience and the actions we will take over the next 6 years to move towards this.
The Ministry is working to ensure that our planning and infrastructure investment decisions drive climate-resilient development in the right locations, as well as developing further information, tools and guidance to enable better risk-informed decisions. This includes data on the latest climate change projections, guidance for dynamic adaptive pathways planning, updated coastal hazards guidance, and guidance on using different socio-economic scenarios for adaptation planning.
Other work is also being progressed across government to support these priorities, and to embed climate resilience in all government strategies and policies.
The Ministry for the Environment and the Ministry of Business, Innovation and Employment are asking for feedback on proposals to strengthen government direction for consenting renewable electricity infrastructure. This is a key action of the first Emissions Reduction Plan and will help Aotearoa New Zealand meet its climate change goals and reduce emissions.
The proposals relate to a package of national direction instruments under the Resource Management Act (RMA). This includes the current National Policy Statements for Renewable Electricity Generation and Electricity Transmission, and National Environmental Standards for Electricity Transmission Activities. It also proposes new National Environmental Standards for Renewable Electricity Generation.
Current national direction was developed before emissions reduction targets were incorporated into New Zealand law and no longer supports the pace and scale of development required to decarbonise our economy.
The proposals aim to ensure that the national significance of renewable electricity generation and transmission is given more weight in RMA decision-making.
Specific proposals including more enabling policy direction for wind and solar generation, and transmission projects.
The proposals also aim to better enable small and community-scale renewable electricity generation. New technologies, such as grid-connected battery storage, will also be covered.
The consultation proposes options on how environmental impacts should be balanced against the immediate need for renewable electricity through nationally consistent consenting pathways.
In line with best practice, Māori interests in the consenting process for renewables and transmission will be provided for by placing value on early engagement and protecting sites of significance.
Specific consultation events are underway with the electricity sector, iwi and Māori organisations, local government, professional associations and environmental organisations, and the public.
Following public consultation, officials will analyse the submissions and undertake further work to develop recommendations to the Minister of Energy and Resources and the Minister for the Environment.
These proposals are being progressed separately to the comprehensive reform of the resource management system underway.
Government expects any changes made following this consultation will be carried through as part of the wider resource management reforms.
You can have your say on this consultation at Consenting improvements for renewable electricity generation and transmission [Ministry of Business, Innovation and Employment website]