RMLA – October 2011RMA Implementation update

Presentation overview

• RMA Amendment Act (No.2) 2011• 2010/11 Biennial survey• Making Good decisions update• Canterbury Earthquake update• NES update

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Resource Management Amendment Act (No 2) 2011

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Resource Management Amendment Act (No 2) 2011

• Originally part of the Aquaculture Legislation Amendment Bill (No 3)

• Section 12 - RMA discounts mandatory under s36AA of RMA– “(1) A local authority must provide a

discount on an administrative charge imposed under section 36 as follows….”

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Resource Management Amendment Act (No 2) 2011

• Section 14 – From 12 Sept 2014– RMA section 39B accreditation

requirements are extended to reviews of consents, changes or cancellation or conditions, proposed policy statements and plans, and objections under section 357C

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Resource Management Amendment Act (No 2) 2011

• All persons on a panel or group that is making decisions are required to be accredited unless special circumstances apply that do not provide time for all persons to be accredited.

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2010/11 Biennial Survey summary

• Press releases last week• To be discussed further tomorrow

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Monitoring and Review Project

• Improve how we monitor RMA• Increase understanding of

implementation and effectiveness of RMA tools

• Support RMA policy processes• Consistent and comparable

information

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• Improve transparency of what is monitored and why

• Co-ordinate how/when info is collected• Create efficiencies cross existing

monitoring systems• Help identify and fill gap in monitoring

systems

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• Four year project• Collaborative process, working with

number of Councils, LGNZ and other government departments

• Stage 1 – Scoping• Stage 2 – Design framework – 2012• Stage 3 – Implementation (2012-2014)

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Making Good Decisions Update

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Review

• MGD been in operation for 6 years• Timely to review:

– Course content– Effectiveness in meeting objectives– Identify areas for improvement in

existing course design, structure, methodology

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Participant experience

• Course is highly valued, and must keep going to ensure ongoing performance of RMA decision making

• Workbook is an enduring resource• Some workshop aspects are difficult for some

people, but overall process works for most• Marking and feedback systems are not as

good as they could be

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Wider perceptions

• Most satisfied – are resource users, high confidence in the processes and reasonably happy with decision quality

• Least satisfied – iwi organisations – looking for increased understanding of Maori values

• Council officers conveyed positive views of Councillor upskilling

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Main recommendations

• Workbook and course to be updated to have more detail for decisions on plans and policies

• Recertification for all every 3 years

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• Recertification to include special competency courses:– Maori resource management– Resource consenting decision making– Policy and Planning Decision-making– Chair’s responsibilities

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Canterbury Earthquake Recovery Act 2011

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Canterbury Earthquake Recovery Act 2011

• Repealed and replaced the Canterbury Earthquake Response and Recovery Act 2010 – Savings provisions preserve the

effect of relevant Orders In Council made under the 2010 Act)

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Purposes include

– Providing measures to ensure Christchurch, councils and communities respond to and recover

– Enable a focused, timely, and expedited recovery

– To facilitate, coordinate, and direct the planning, rebuilding, and recovery of affected communities

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Applies to

• Applies only to “greater Christchurch” – Area covered by Christchurch City,

Selwyn District, and Waimakariri District (including adjacent CMA)

• Set up CERA

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Earthquake Recovery Minister powers include

– Suspending, amending, or revoking RMA plans, consents and other plans or instruments applying to greater Christchurch (s8 and s27)

– Directing councils or council organisations (s48)

– Compulsory acquisition of land (subpart 4)

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New, unique, planning framework

Recovery Strategy: An overarching, long-term strategy for recovery and rebuilding, prepared by CERA. A coordination tool for recovery plans

Recovery Plans: Plans to manage and direct recovery matters on a site specific or wider geographic basis – including any social, economic, cultural or environmental matter, or particular infrastructure, work or activity

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• CBD Recovery Plan: A mandatory Recovery plan prepared by the City Council applying to the CBD area within “the four avenues” (includes Hagley Park)

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Orders in Councils

• can be made to grant exemptions from, modify, or extend any provision of 23 listed Acts (including the RMA, HPA and LGA)

• Review panel set up to provide advice• Limited appeals: where available these are

generally to High Court (including RMA related matters)

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• CERA has powers to: subdivide, re-subdivide, and amalgamate land without RMA provisions applying (s 43); erect, alter and demolish buildings (ss 38-41)

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• National Environmental Standards update

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Proposed NES Contaminants in Soil

• District Council planning controls at time of land-use change

• Risk-derived health protection standards for range of land-uses and contaminants

• Local govt involved in working groups

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What does the proposed NES mean for Councils?

• Require all 67 territorial authorities to give effect to and enforce its requirements

• following proper process in deciding on new resource consent applications

• having effective database systems in place to record, store and access site information

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Plantation Forestry - Proposed

• Consistent rules (where appropriate)• District and Regional Council rules• Covers forestry specific activities and

a number of generic activities• Final recommendations to Cabinet

next year

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Water measuring devices

• Took effect 10 November 2010• Requirement to measure and report

water abstractions• Section 360 regulation, not NES• Number of transitional timelines• MfE/Irrigation NZ - guidance and

certification / auditing schemes

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NES Air quality - revised

• Revised NES effect from 1 June 2011• Review by TAG – fine particle

component of the existing NES• Compliance date, number of

exceedances, implications of non-compliance

• Workshop on “Users Guide” underway

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Updates on others

• Ecological flows – part of Land and Water Forum process – further decisions to come

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Proposals of national significance

Waterview Connection

Tauhara II Geothermal

• Tauhara II - $1 billion - 8 months

• Waterview Connection - $2 billion - 9 months

• Wiri Men’s Prison - $424 million - 10 months

• Queenstown Airport - $40 million – referred to Environment Court

• Transmission Gully - $1 billion - notified

• King Salmon - lodgedResource Management (Simplifying and Streamlining) Amendment Act 2009RMA Sections 140 -150AA – national consenting through the EPA

No Blanket Tree Protection Rules in Auckland

Resource Management (Simplifying and Streamlining) Amendment Act 2009RMA Sections 76 (4A) – rules must not prohibit or restrict tree felling or trimming

Proportion of resource consents processed on time

0

10

20

30

40

50

60

70

80

90

100

1997/1998 1998/1999 1999/2000 2001/2002 2003/2004 2005/2006 2007/2008 2010/2011

Survey period

Perc

enta

ge o

f con

sent

app

licati

ons p

roce

ssed

on

time

(%)

Source: Resource Management Act Survey of Local Authorities 2010/11

Further Information RequestsP

erce

ntag

e

Resource Management (Simplifying and Streamlining) Amendment Act 2009RMA Sections 92 – one request before submissions and one before hearings

0

10

20

30

40

50

1997/1998 1998/1999 1999/2000 2001/2002 2003/2004 2005/2006 2007/2008 2010/2011

Survey period

Perc

enta

ge o

f con

sent

app

licati

ons

for w

hich

furt

her i

nfor

mati

on

was

requ

este

d (%

)

Timeframe Extensions

Source: Resource Management Act Survey of Local Authorities 2010/11Resource Management (Simplifying and Streamlining) Amendment Act 2009RMA Sections 37A – applicant must agree to timeframe extension

Proportion of Resource Consents Notified

0

1

2

3

4

5

6

7

1997/98 1998/99 1999/00 2001/02 2003/04 2005/06 2007/08 2010/11

Survey period

Perc

enta

ge o

f con

sent

app

licati

ons

noti

fied

in s

ome

way

(%)

Limited notified applications

Notified applications

Source: Resource Management Act Survey of Local Authorities 2010/11Resource Management (Simplifying and Streamlining) Amendment Act 2009RMA Section 95A – removed presumption that resource consent must be notified

Changes to Maximum Fine Levels

Resource Management (Simplifying and Streamlining) Amendment Act 2009RMA Sections 339 – increased maximum fines and allowed review of resource consent

Direct Referrals to Environment Court

• Countdown Supermarket – Warkworth

• Wairoa District Council wastewater scheme

• Winstone Aggregates quarry – Auckland

• Lyttelton Port Company coal terminal (on hold)

• Mt Cass Windfarm

• Road Metals Quarry (Wards Road), Selwyn District

• Project Hurunui Windfarm (Hurunui District)

Referral made

Processed though to decision

Granted In progress

On hold

Time from referral to decision

7 3 3 3 1 6 months (supermarket)9 months (wastewater plant)

Resource Management (Simplifying and Streamlining) Amendment Act 2009RMA Sections 87D – request for application to go directly to Environment Court

Trade Competition

Resource Management (Simplifying and Streamlining) Amendment Act 2009RMA Sections 308A – 308I – Act not to be used to oppose trade competitors

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