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.
Kia ora koutou
It has been a busy month for the Ministry with the Natural and Built Environment Act and the Spatial Planning Act passed into law on 23 August 2023. These two new laws change the way our natural and built environment is managed.
Further targeted engagement is being conducted to ensure the transitional National Planning Framework (NPF) is fit for purpose when it is handed over to the Board of Inquiry process next year. The NPF will provide direction to inform and support regional decision-makers as they develop their resource management plans.
Work continues on how New Zealand adapts to climate change. This includes supporting communities responding and recovering from the severe weather events earlier this year. Longer term resilience projects are also being developed as part of implementing the actions under the national adaptation plan.
An inquiry into climate adaptation is also underway with the Environment Committee Komiti Whiriwhiri Take Taiao calling for public submissions. Along with other things, the Committee will look at the current approach to community-led retreat and adaptation funding, its strengths, risks and costs.
And finally, I’d like you to know that this is my last update as Deputy Secretary for Natural and Built System and Climate Mitigation at the Ministry for the Environment. I’m leaving the Ministry for the Environment this month to take up a new role as Deputy Chief Executive, Policy at the Department of Prime Minister and Cabinet.
As we turn to the implementation of the new system which will be led by my colleague, Nadeine Dommisse, I’d like to acknowledge the support of our partners and many others who have worked with the Ministry to develop the policy that underpins the new legislation.
It has been an absolute privilege to have worked with so many of you as we developed the policy for the new resource management system.
We thank you for your time and effort to help make the new RM system a reality for Aotearoa New Zealand.
Ngā mihi nui, nā
Janine Smith, Deputy Secretary, Natural and Built System and Climate Mitigation
Nadeine Dommisse, Deputy Secretary, Policy Implementation and Delivery
The Natural and Built Environment Act (NBA) and the Spatial Planning Act (SPA) were passed into law on 23 August 2023.
The new legislation creates a resource management (RM) system that aims to deliver better outcomes for the environment, people and the economy. The new system will protect and restore the environment while enabling development within environmental limits. Aspects of the existing RMA will continue to be used and applied while core elements of the new system are developed and implemented across the country.
You can read a high-level summary here.
The two new Acts and proposed new Bill are:
A number of provisions in the new laws took effect immediately. More information about these is set out below.
Further engagement is occurring on the transitional National Planning Framework (NPF) proposal to make sure it is fit for purpose when it is released for public consultation in April 2024.
This statutory pre-engagement with local government and Māori is required under the Natural and Built Environment Act (NBA). It enables them as key implementers of the new RM system and Māori as Treaty partners to review and provide feedback on an engagement draft of the NPF reflecting their knowledge and experience of implementing the system.
It is expected the Minister for the Environment will publicly notify the transitional NPF proposal in April 2024. This will then go to a Board of Inquiry who will call for public submissions. The Minister must give regard to the Board’s recommendations when making final decisions on the transitional NPF in 2025.
The NPF, secondary legislation under the NBA, is an essential part of the new RM system. It brings all existing and new national direction into one integrated framework to inform and support regional decision-makers in the development of the Regional Spatial Strategies (RSS) and the Natural and Built Environment (NBE) plans.
The NPF will provide direction on matters of national significance, environmental limits and targets, and will help resolve conflict among outcomes where practicable.
It will play an important role in responding to wider Government priorities such as housing, infrastructure, sustainable use of productive land, climate change and freshwater. It will introduce a more certain and enabling approach to infrastructure provision while still retaining and enhancing important environmental protections.
Stakeholders are welcome to familiarise themselves with the draft transitional NPF proposal in anticipation of the transitional NPF being released for public consultation in April 2024.
New, updated and expanded compliance and enforcement (C&E) powers and tools have been introduced in the NBA.
These changes support increased deterrence, more flexible intervention, and the ability for councils to recover more costs associated with their C&E activities.
During the transition from the RMA to the NBA, C&E activity will continue to take place under the RMA until regions have their Natural and Built Environment plans in place. The NBA enables many of the C&E changes to be used immediately under the RMA, while other C&E changes will become progressively available over a two-year period.
The key C&E changes that took effect on 24 August 2023 include:
Financial penalties for offending have increased. The maximum fine on conviction has increased to $1 million for individuals, and $10 million for companies.
The statute of limitations has increased. Councils now have two years to initiate prosecution for serious resource management offending.
Councils now have broadened abatement notice powers to require people to take action to prevent environmental harm.
Councils can now take account of a person’s compliance history when considering a new resource consent application and can apply to the Environment Court to revoke or suspend an existing resource consent for ongoing or severe non-compliance.
Resource users can be required to provide a financial assurance up front eg. as a bond, or proof of insurance, to cover the cost of remediation or clean-up arising from their activity.
Councils can now require a person to pay more of the costs incurred by the council arising from monitoring and enforcing compliance with resource consents or permitted activities.
Read more about the changes to compliance and enforcement.
Earning biodiversity credits for protecting and restoring native wildlife is one way the Government is exploring to incentivise people to help to conserve habitats and species.
Feedback is being sought on a biodiversity credit system which would enable landowners, who protect and restore native wildlife, to earn credits for their actions.
The Ministry for the Environment and Department of Conservation (DoC) are seeking feedback on the need for and the design of a biodiversity credit system, and the different roles of government and Māori in implementing it. The aim is for a system that has impact and integrity, tailored to Aotearoa’s unique context and challenges. This includes how it could work with other programmes that support the environment.
Public consultation is open until 3 November 2023.
Find out more and have your say here.
Feedback is being sought on managing the use and development of highly productive land.
Since the National Policy Statement on Highly Productive Land (NPS-HPL) was introduced in 2022, two issues have been raised about its restrictions on the use and development of highly productive land for activities that don’t rely on soil.
The two issues being consulted on are a lack of a clear consent pathway for the:
The NPS-HPL is about ensuring the availability of New Zealand’s most favourable soils for food and fibre production, now and for future generations.
The policy provides direction to improve the way highly productive land is managed under the Resource Management Act 1991 (RMA). This is achieved through clear and consistent guidance to councils on how to map and zone highly productive land, and manage the subdivision, use and development of this non-renewable resource.
Find out more about the amendments to the NPS-HPL and have your say here.
Work on the climate adaptation programme continues to progress. This ranges from supporting short term response and recovery following severe weather events earlier this year, to longer term resilience projects as part of implementing the 120 actions in the national adaptation plan.
Key projects currently underway include:
The Parliamentary Environment Committee’s Inquiry into Climate Adaptation is open for public submissions.
The inquiry is considering community-led retreat – how we could enable communities in Aotearoa to relocate from areas vulnerable to the effects of climate change, such as increased flooding or drought. It is also looking at how the costs of adapting to climate change could be met.
The inquiry's findings are expected to inform development of a Climate Change Adaptation Bill in 2024. This legislation would establish a system for community-led retreat, which would work alongside the new resource management system.
To inform and support submissions, the Ministry for the Environment has produced an issues and options paper, looking at what would be needed to support community-led retreat. The Ministry has also published a technical report by an Expert Working Group to assist the inquiry.
Submissions are open until Wednesday 1 November 2023.
For more information and to make a submission, visit the Parliament website.
To help local government plan and make decisions for the future that will meet their community needs, existing climate adaptation guidance is being refreshed and new guidance developed that is fit-for-purpose for Aotearoa New Zealand’s changing climate.
This includes:
Refreshed guidance will contain additional information such as examples, case studies, and templates to demonstrate when and where adaptive planning can be applied.
While the primary audience of the guidance is local government, it can be used by anyone looking to use adaptive planning approaches to help their communities adapt to the impacts of climate change.
For more information, please email us at adaptation@mfe.govt.nz
The Ministry for the Environment is investigating options to reduce the risk from natural hazards, such as flooding and slips. These include ways to limit new development in areas that are at high risk from natural hazards. Ministers have agreed that a core objective of the cyclone recovery is to adapt and improve climate change resilience. The Government is taking a phased approach to reduce the risk from future events.
In the short term, a National Policy Statement (NPS) on Natural Hazard Decision-making has been drafted. The Government is currently consulting on the draft NPS, which would guide local government on how to consider natural hazard risk when making decisions on regional policy statements, regional plans, district, plans, designations, and resource consents. Its intention is to limit development in areas that are at very high risk from natural hazards and require mitigations for other areas to ensure that people and property are protected without impacting overall housing supply.
The proposed NPS would not prevent or restrict development in at-risk areas where development is currently a permitted activity and does not require resource consent.
Consultation is open until 11.59pm, 13 November. For more information, including the discussion document, please visit the Ministry’s website.
In the medium to long term, a second piece of National Direction – the proposed National Direction for Natural Hazards will be introduced. This would support councils to consistently identify and plan for the risks posed by natural hazards. It will incorporate and build on the proposed National Policy Statement on Natural Hazard Decision-making.
The Severe Weather Integrated Response team continue to engage with communities directly affected by this year’s severe weather events to support them with their immediate recovery and future resilience. This recovery work is centrally enabled but locally led, to ensure affected communities are at the heart of all decision-making.
The Ministry will continue to work alongside the Cyclone Recovery Unit and other agencies to support councils and communities through their recovery, including by developing temporary law changes through Orders in Council.
These temporary law changes are enabled by the Severe Weather Emergency Recovery Legislation Act and are being developed in response to requests from the community and local government on issues they are currently facing as they recover.
Orders in Council that the Ministry for the Environment is involved in include:
For the latest information on our response to the severe weather events, click here.