The Resource Management Act 1991, Where to From Now?

The Resource Management Act 1991 represented an innovative and unique piece of planning and environmental legislation when it was introduced. Since the Act was passed into law in 1991 it has been subject to nine amendments, many of which were of the ætinkerÆ variety. These amendments recognise that the Act has not been as successful in providing the æone-stop shopÆ for resource users that the Act was hoped to be. The latest and most significant attempt at changing the Act was the Resource Management Amendment Act 2003. The amendments made by the Amendment Act have proved to be largely unsuccessful in achieving any significant changes to the way resources are managed in New Zealand, and have failed to address many of the concerns which drove the original Resource Management Amendment Bill in 1999. The recent decision to discontinue further investment in Project Aqua has once again placed the Act in the spotlight as a significant hand-brake on major projects. This particular event has led to yet another review to be undertaken this year. The review will focus on five key areas:   1.   achieving the right balance of national and local interests; 2.   improving the design and process for local policy formulation; 3.   improving the consent decision making process; 4.   allocation of natural resources (water, air and geothermal); and 5.   supporting measures for building capacity and promoting best practice and implementation at the local authority level.  It is important for the business community and the mining industry in particular to seize the opportunity that this review provides to make sure that any amendments undertaken as a result of the review achieve the aims listed above. The review needs to be considered in light of the current regime for the management of natural resources in New Zealand. In addition to the Resource Management Act 1991, the Crown Minerals Act 1991 and the Building Act 1991, which form the core resource statutes in New Zealand, there have been other developments affecting the regime. Special legislation over and above the Resource Management Act 1991 has been enacted to protect the Hauraki Gulf and special legislation is currently being considered to protect the Waitakere Ranges in Auckland. In the Hauraki District mining is prohibited in some areas and a plan change mechanism is specified as the appropriate tool to use in the event a mineral resource is to be developed in those areas. The current review is a further opportunity to remedy the inadequacies of the Act.