On 15 November 2022, key legislation spearheading the government’s long-awaited resource management system reform was introduced to Parliament.
The new bills are:
The Natural and Built Environment Bill, which is the main replacement for the RMA and which is intended to protect and restore the environment while better enabling development.
The Spatial Planning Bill which requires the development of long-term regional spatial strategies intended to help coordinate and integrate planning decisions.
The proposed Climate Adaptation Bill, which is intended to address complex issues associated with managed retreat, and funding and financing climate adaptation, is likely to follow in 2023.
Snapshot of the Bills
The Natural and Built Environment Bill:
Sets out the rules for land use and resource allocation in a region.
Requires each region to have a natural and built environment plan (NBE plan), which will replace the more than 100 district and regional plans in the current system and focus on positive outcomes as opposed to managing effects.
Provides for a National Planning Framework that will pull together more than 20 current national direction instruments. This is intended to provide a stronger and more active role for central government.
Under the Spatial Planning Bill, regions will be required to provide 30-year regional spatial strategies to guide major strategic decisions about land use and environmental protection.
Key changes
MfE states that the key shifts in the new system are:
Planning for positive outcomes, not just managing adverse effects.
A more effective role for Māori, one that gives effect to the principles of Te Tiriti o Waitangi.
More integrated and strategic long-term planning for transport, infrastructure, housing, climate resilience and environmental protection.
A regional, collaborative approach to planning.
Effective partnering of central and local government and iwi/hapū/Māori in planning and delivery.
Stronger, more consistent national direction.
Moving to equitable and efficient resource allocation within limits.
Improved evidence, monitoring, feedback and oversight.
First impressions
Understanding the implications of the proposed reforms will be critical for everyone involved in the resource management system. They represent major shifts across the spectrum of resource management issues.
While the fundamentals of the proposed reform have been known for some time, this is the first opportunity to fully understand the detail. Coming to grips with that all-important detail; meaningfully participating in opportunities to shape the reforms; and then ultimately grappling with the implementation of the reform are key tasks.
This will be no small feat. The Natural and Built Environment Bill alone is a mammoth document containing 861 clauses (plus schedules). And while the Bills have only just been introduced, we have already identified:
several key matters that were not clearly flagged in earlier proposals and which will have important impacts for a range of parties; and
several key areas where the interpretation of important provisions is unclear.
The purported aim of reducing complexity in the resource management system also remains to be seen.
Next steps
The Natural and Built Environment Bill and the Spatial Planning Bill will now go through a full select committee process, which is expected to extend well into 2023. Given the critical nature of the reforms, we expect many of our clients will be interested in participating. The Government intends to pass the Bills into law before the next election.
Conclusion
ChanceryGreen lawyers have been closely monitoring the reforms and have been advising numerous clients on them. We will continue to stay abreast of the proposals.
Feel free to contact us if you want to understand how the Bills and/or the wider reform may affect you or your business, or if you want to get involved in shaping the reforms.
Further information is available on the MfE website here.