CREATING AND IMPLEMENTING NATIONAL GREEN PLANS

New Zealand Case Study

Tom W. FookesDirector

twfookes consulting limited

NZ RESOURCE MANAGEMENT ACT (RMA): GREEN PLAN AS LEGISLATION

• Law relating to the use of land, air, and water• Purpose: promote sustainable management –

natural & physical resources• Applies to government and private actions • Considers ‘use’ in terms of effects – positive or

adverse; temporary or permanent; past, present or future; cumulative (time & other effects); high probability; low probability & high potential impact

SUSTAINABLE MANAGEMENT

• Managing the use, development, and protection of natural and physical resources...

• in a way, or at a rate, ...• which enables people and communities...• to provide for their social, economic, and

cultural wellbeing, and...• for their health and safety...• while...

Provisos for Sustainable Management

While –• Sustaining the potential of natural and physical

resources...• To meet reasonably foreseeable needs of future

generations, and...• Safeguarding the life-supporting capacity of air,

water, soil, and ecosystems, and...• Avoiding, remedying, or mitigating any adverse

effects of adverse effects on the environment

Environment defined

• Inclusive definition- ecosystems and their constituent parts, including people and communities- all natural and physical resources- amenity values- social, economic, aesthetic and cultural conditions (as affect or are affected by the above)

THE PLAN IN GREEN PLAN

Central government• National Policy Statements • National Environmental StandardsLocal government• Regional Policy Statements – regional councils• District Plans – city and towns and rural

districts

Adverse Effects

• Duty to avoid, remedy, or mitigate adverse effects

• Abatement and enforcement order

Recognised Customary Activities • Express provisions subject to other government controls

Content of Plans (General)

Policy Statements and District PlansHierarchy of...

• Issues• Objectives sought to be achieved• Policies for the issues and objectives• Methods to implement the policies

Anticipated Environmental Results

KEY AGENCIES: REGIONAL AND TERRITORIAL LOCAL AUTHORITIES...1

Regional Councils• regional policy• consents/permits for:

- use of coastal marine area- use of beds of lakes and rivers- water: taking, damming, or diverting (includes geothermal)- discharge of contaminants into environment (water and air)- noise

KEY AGENCIES: REGIONAL AND TERRITORIAL LOCAL AUTHORITIES...2

Territorial Local Authorities

Objectives, Policies and Rules in a District Plan – restrictions on:- use of land- building bulk and location - noise - other adverse effects of use (e.g. Traffic)

RMA: WHY DID IT HAPPEN?• Too many overlapping laws and regulations – need for

rationalisation & integration (whole of environment approach)

• Political acceptance there was a problem• Ministerial leadership• Imaginative law review and policy-making process –

public buy-in achieved• Recognised importance of regional & local level

identification of issues – objectives – policies – methods

• Open public participation in all aspects of the Act

RMA: HOW DID IT HAPPEN?

• Public – private sector - community collaboration:- identification of problems with status quo – free telephone calling + written submissions- cross-interests working groups for major issues (e.g. Public participation, EIA, Consent process)

• Cross-government agency collaboration – starting at Minister level + Core Group

RMA: HOW HAS IT WORKED?

IMPLEMENTATION...1

• The law versus its application - over 17 years amendments to Act but overall thrust unchanged - Local government practice fallen short – - * issues of capacity and commitment

* mismatch between issues - objectives - policies – methods

* rule-based - reluctance to apply other methods

* poor quality policy statements & plans

IMPLEMENTATION...2• Effect of Market-based policy

- reliance on market processes to achieve purpose of RMA – failed

• Original vision of RMA being undermined- Reluctance to use NPS’s- Dependence on rules- Disenchantment – businesses- Bi-partisan political support weakened- Return to separate issue-based law (e.g. Climate change)- EPA proposal

IMPLEMENTATION...3

• Role of Environment Court and Higher Courts

SUMMING UP: IS GREEN PLAN LAW WORTH THE EFFORT?

• Plus side...• Minus side...• In conclusion...