Resource Management Act

The Resource
Management Act

The Resource Management Act is the main body of legislation that protects the New Zealand environment. It is based on the idea of the sustainable management of our natural resources.

National Policy
The RMA provides for national environmental standards and regulations to give local and regional councils direction. These national policies and standards are prepared and managed by the Ministry for the Environment and the Department of Conservation.

Regional and District plans
Regional, District and City Councils are responsible for the local management of the environment. These councils are responsible for preparing regional and district plans which are the 'blueprint' for environmental management in each area. They tell you what you can and can't do as of right.

Regional plans tend to concentrate of the management of parts of the environment e.g. water, soil and air and provide policies and regulations about the allocation and use of these natural resources. District plans are often concerned with the use and development of land in their jurisdiction.

Councils change their plans from time to time and they are required by law to have a full review of the plans at least every 10 years. Anybody can have an input into the planning process by making a written submission to council. Councils are required to consider all submissions. You can even make submissions about other people's submissions. You can also go to a public hearing to speak about your submission.

Resource consents
If you are going to do something that has an affect on the environment and you can't do it as of right under the district plan you will need to apply for a resource consent. Resource consents are needed for things like erecting a building, discharging stormwater or fumes, taking water for irrigation, subdividing land or building a wharf.

You apply to the relevant consent authority e.g. regional council, local council or DOC. The authority will process your application and may involve the general public if the environmental effect is deemed 'more than minor'. The authority can make a public notification in which case the general public can make submissions about the application. Otherwise the consent authority can make a limited notification which is served only to those they deem are affected (although again anyone can make a submission).

Based on the regional or district plan's policies and regulations, and after hearing submissions, the consent authority will grant a consent, or not.

Applicants and submitters may appeal the authority's decision in which case the matter is referred to the Environment Court for a decision. On average only about one percent of over 50,000 resource consent decisions are appealed to the Environment Court each year.

Responsibility
The resource consent process is often criticised for being slow, inefficient and costly – and after all that the applicant may not end up getting a consent.

However all New Zealander's have rights and responsibilities. If you are going to affect the environment now and in the future you must take responsibility to ensure that your actions are environmentally sustainable which includes going through the process of getting consents and adhering to their conditions.