The Environmental Defence Society (EDS) says the Government’s proposed replacement for the Resource Management Act (RMA) risks dismantling decades of environmental protections, following the release of the Environment Select Committee’s report on the Natural Environment Bill and Planning Bill.
The two Bills, which together will replace the Resource Management Act 1991, were reported back to Parliament this week after months of public submissions. While the Government says the reforms will simplify planning, speed up housing and infrastructure projects, and reduce regulatory costs, EDS argues the committee has failed to address fundamental flaws in the legislation.
EDS says one of its biggest concerns is the proposed framework for what it describes as “regulatory relief”, which would require councils to compensate landowners when new environmental protections significantly affect the use of private land.
The organisation argues this could apply to measures protecting indigenous biodiversity, outstanding natural landscapes and other environmentally significant areas.
According to evidence presented during the select committee process, councils could face compensation costs running into billions of dollars if they sought to retain existing environmental protections or introduce stronger ones.
EDS believes many councils would simply be unable to afford those costs, forcing them to weaken or remove existing planning rules.
The organisation is also critical of changes to the Bills’ framework for environmental limits.
It argues the legislation gives ministers broad discretion to balance environmental protection against economic development without establishing clear legal priorities.
EDS says this could undermine the purpose of environmental limits by allowing significant development projects to proceed even where they exceed limits intended to protect freshwater, biodiversity or other natural resources.
The group also argues that exemptions allowing limits to be exceeded have been significantly broadened and could apply to a much wider range of developments than originally proposed.
Another major concern raised by EDS is the reduction in opportunities for public participation.
The organisation says the proposed planning system would significantly narrow circumstances where resource consent applications are publicly notified, limiting the ability of communities to have a say on developments that affect their local environment.
EDS is also concerned that where councils adopt nationally prescribed planning standards, local communities may have little or no opportunity to challenge or appeal planning decisions.
The group argues this could be particularly problematic in environmentally sensitive regions that require locally tailored planning approaches rather than one-size-fits-all national standards.
EDS has also highlighted concerns about the extent of ministerial powers contained within the legislation.
The organisation points to observations made during the parliamentary process that some provisions could allow ministers to alter the practical effect of primary legislation through regulation, reducing parliamentary oversight over future planning decisions.
It argues these powers have remained largely unchanged despite concerns raised during the select committee process.
The coalition Government maintains the reforms are necessary to replace what it describes as an outdated and overly complex planning system.
Ministers say the new legislation will make it easier to deliver housing, renewable energy, infrastructure and economic development while maintaining appropriate environmental protections.
The Government also argues that nationally consistent planning rules will reduce costs for councils, businesses and landowners, creating greater certainty and improving investment across New Zealand.
EDS says the select committee’s recommendations have failed to resolve the central issues raised by environmental experts, warning the reforms could weaken biodiversity protection, freshwater management and public confidence in the planning system.
The organisation also notes that the legislation has attracted strong criticism from opposition parties, raising questions about whether the reforms would survive a future change of government.
With the Bills now progressing to their second reading in Parliament, debate is expected to intensify over how New Zealand should balance environmental protection, economic growth, housing development and infrastructure needs.
For Māori, environmental groups, local government and industry alike, the replacement of the RMA remains one of the most significant legislative reforms currently before Parliament and one that will shape the future management of whenua and wai for decades to come.
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