Local councils believe the Government's timetable for big resource management changes is not realistic; changes may have 'unintended consequences'

The body representing the country's local councils is warning the Government that planned extensive changes to the Resource Management Act are being attempted in too short a timeframe.

Additionally, Local Government New Zealand, says that the plans announced by the Government last weekend may have "unintended consequences". And LGNZ is also hinting that the Government and the local authorities have not worked together in a particularly constructive way so far on proposed RMA changes.

Among the measures announced by Minister for the Environment Amy Adams were a requirement that councils provide a minimum of 10 years of urban land supply to cope with projected population growth. Those changes are to be implemented as soon as proposed enabling legislation is enacted.

The Government says that "a new matter of national importance will be added to section 6 of the RMA" to place additional emphasis on effective functioning of the built environment, including managing land availability to support population growth.  

The improvements will "re-balance" planning decisions towards enabling more housing to be built in the right locations to support economic and social well-being.

Also, the presumption that subdivision is restricted unless permitted in a plan as currently set out in section 11 of the Act will be reversed, so that subdivision can be undertaken unless it contravenes a national environment standard, or a rule in a plan or proposed plan, and is not authorised by a resource consent.

There's also a proposal for a new "national planning template" that sets out the structure and key content all councils must follow in the development of their resource management plans.

Also, there will be a requirement for councils to monitor how they are delivering their functions and duties under the RMA. Additionally, it is proposed that the ability of central government to intervene on RMA issues will be "clarified".

It is planned for the measures to be put into new RMA amendment legislation, which will be introduced into Parliament possibly next month.

LGNZ President Lawrence Yule said the changes should add consistency across local authority RMA plans, "but the devil will be in the detail".

"We do not think the timeframes proposed are workable – particularly given the significant requirements to amend council plans to reflect the new principles of the Act.

“The Government would also be wise to carefully consider issues regarding any potential unintended consequences. We have already advised that some of the proposed changes will not deliver the outcomes intended,”  Yule said.

The proposed reforms would need to be practical, workable, have clear aims and minimise costs to councils and most importantly ratepayers, he said.

"We also need to ensure that decision-making on resource issues remains with communities."

LGNZ wanted to ensure any new law tackled the issues in the best way "to make a real difference".

"We’re keen to work with the Government in a more constructive way than has occurred to date to get this right," he said.

“As well as working with central government, we will work with stakeholders; and foster media and public understanding of the consequences of a number of the issues," Mr Yule said.

Core components of the 2013 resource management "improvement package" as laid out by the Government are:

• A requirement for councils to work together to develop a single, electronically accessible plan covering all the rules in their area.
• A new national planning template that sets out the structure and key content all councils must follow in the development of their resource management plans.
• Two new voluntary planning pathways – a collaborative process for freshwater-related matters, and a new joint planning process for all other issues.
• Improvements to bring about earlier and more effective iwi/hapū participation in planning.
• A revision of the principles of the Act, through the updating of sections 6 & 7
• Improvements to central government tools for providing national direction on resource management issues and decision-making.  This includes legislative changes to enable the Freshwater National Policy Statement to support a broader programme of freshwater reform.
• A more balanced approach to planning and consent decision-making.  This includes providing access to lower cost, faster objections and appeals.
• New consenting rules and processes to improve timeframes for simpler consents and to provide incentives to make decisions early in the planning process rather than leave them to litigation down the track on individual consents.
• Improved consideration of natural hazards in resource management decisions.
• A clearer performance monitoring framework for councils.
• A stronger Ministerial intervention tool for use as a last resort.  This will ensure legislative requirements and national direction are reflected in council plans.
• The removal of duplication between the RMA and the Hazardous Substances and New Organisms (HSNO) Act.

Detail of the proposals is fleshed out in a published summary.

The summary says that the Government will have a statutory obligation to deliver the first version of the national planning template within two years of enactment of the Resource Management 2013 Reform Bill.

The national planning template will be developed by the Minister for the Environment (and the Minister of Conservation for matters that relate to the coastal marine area), with input from iwi and key stakeholders including Local Government New Zealand, councils and RMA practitioners throughout the country.

"Councils will be required to implement certain aspects of the template, such as standardised format, within one year of the template’s enactment. This will be achieved through the single resource management plan. Full transformation to the national planning template content direction will be required within five years."

All councils will be required to enter into and publish a council planning agreement within six months of enactment of the legislation. Subsequent agreements will be updated no later than 1 March after each local body election, the Governments's summary says.