“We are pleased to see progress on the repeal and replacement of the Resource Management Act 1991, but the proposal to
split land use planning and strategic planning risks increasing uncertainty for the Government, iwi, communities of
interest and infrastructure providers,” says Hamish Glenn, Policy Director at Infrastructure New Zealand.
“The proposal outlined by Environment Minister Parker today retains the basic legislative architecture recommended by
the Randerson Review Panel last year.
“A new Natural and Built Environments Act (NBA) will replace the body of the RMA, but will retain the RMA’s combined
approach to environmental protection and land use planning. A new Strategic Planning Act will consolidate functions
currently spread across the Local Government Act and Land Transport Management Act to enable integrated spatial
planning.
“In addition, a new Climate Change Adaptation Act will be established to facilitate managed retreat and other issues
resulting from climate change.
“Positively, the Government has moved to reduce the large number of statutory plans required under the RMA and we could
in the future see as few as 14 combined plans overseeing land use planning and environmental protection decisions.
“However, the proposal to integrate environmental protection with land use planning means that the Government proposes
to continue separating land use planning from strategic planning.
“This will mean that strategic spatial plans agreed by Government, iwi, councils and local communities will have to
proceed through a separate legislative process under the NBA before implementation.
“What happens if a project or development critical to realisation of an agreed regional spatial plan conflicts with an
outcome or objective under the NBA?
“If the answer is litigation, uncertainty and poor delivery of critical services and homes, then these reforms will have
failed.
“A better outcome would be achieved if environmental protection was split from planning, establishing firm bottom lines
which truly protect the environment.
“Strategic and land use planning could then be much more tightly integrated to achieve economic, social, cultural and
environmental outcomes above and beyond bottom lines.
“Regulation under an Environmental Protection Act would be used to protect the things which cannot to be compromised.
Investment under a Planning Act would deliver the kind of New Zealand we all want.
“This simplified architecture would better align with much-needed reforms to funding and financing of public services
and improving the capacity and capability of delivery agencies.
“It would also increase the certainty that regionally agreed plans will be delivered as and when required, helping boost
confidence in the planning and development system,” Glenn says.