- To reduce costs and delay.
- To improve resource management implementation, including limited notification.
- To improve historic heritage provisions.
- To better utilise the use of national environmental standards and national policy statements.
While the Amendment Act is not particularly bold, it does contain a number of useful improvements which should assist in the streamlining practice and procedures under the Resource Management Act 1991.
Costs and Delay
The Amendment Act, in an attempt to reduce costs and delay, has introduced limited notification for resource consent applications in respect of controlled activities and in respect of applications where the adverse effect on the environment of the activity for which the consent is sought is minor.
With these applications, notice need only be given to those identified by the council as being adversely affected. Only those people who are served with notice of an application, are eligible to make a submission.
Public notification will still be necessary when the effects are more than minor, if other special circumstances exist, or if an applicant requests public notification.
Any challenge to the process of limited or non-notification decisions, remains by way of judicial review in the High Court rather than an appeal to the Environment Court (as was intended in the original Bill).
Timeframes for processing resource consent applications have been clarified and the Amendment Act introduces the notation ‘first lodged’ to ensure that the processing clock for resource consent application begins on the date the application is physically received by the Council.
The Council is now able to reject an application if it does not include an assessment of environmental effects, but it has only five working days to do so. Objection and appeal rights apply to a Council’s decision to reject an application.
The time limits for the processing of resource consent applications are as follows:
If the status of an activity changes after an application for resource consent is first lodged, the activity continues to be processed and decided by the Council according to the status of the activity at the time the application was lodged.
Now, applicants can require the Council to provide estimates of additional charges for resource consent applications.
For subdivisions, a Council now has ten days within which to approve or decline survey plans.
Parties joining an appeal to the Environment Court are now required to give notice of their intention to appear within 30 working days of the appeal being lodged with the Court. Previously, a party could join an appeal at any time up until 15 working days prior to the hearing before the Environment Court.
National Environmental Standards
The Amendment Act provides a number of new sections for national environmental standards. National environmental standards will provide for the use of land, coastal marine areas, the beds of lakes and rivers, water, discharges, noise and monitoring. They can cover methods, processes and the technology for implementation, in addition to prohibiting activities.
Where there is inconsistency between a Rule in a District or Regional Plan, or resource consent and a national environmental standard, the more restrictive provision prevails. Those with water, coastal or discharge permits should be aware that consent conditions can be reviewed when relevant national environmental standards have been made.
National environmental standards can require a Council to review water, coastal or discharge permits.
National Policy Statements
The Amendment Act finally appears to recognise a need for greater central Government guidance on environmental matters – to be provided by way of national policy statements. They are intended to be a guide to decision-makers particularly in relation to the national as opposed to local effects of a resource consent application if granted.
Historic Heritage Provisions
The Amendment Act introduces “historic heritage” and makes the protection of historic heritage from inappropriate subdivision, use and development a matter of national importance.
Historic heritage is defined as meaning those natural and physical resources that contribute to an understanding and appreciation of New Zealand’s history and cultures, deriving from any of the following qualities:
- Archaeological
- Architectural
- Cultural
- Historic
- Scientific
- Technological
Historic heritage includes historic sites, structures, places and areas, archaeological sites, sites of significance to Maori including waahitapu and surroundings associated with the natural and physical resources.
Summary of Key Changes (in no particular order)
A Rule in a Proposed Plan is now to be treated as operative if it is beyond challenge, unless the Council resolves that the Rule shall no effect until the Plan becomes fully operative. Now, a Council must take into account any relevant planning documents recognised by an iwi authority when preparing or changing a District Plan. This is aimed at giving iwi planning documents greater recognition.
The Amendment Act extends the default period within which a resource consent lapses if not exercised from two years to five years. Now, long term bonds can be imposed to secure the performance of consent conditions and can continue after the expiry date of the resource consent to which they relate.
The functions of regional councils have been extended to include the maintenance and enhance of ecosystems in water bodies and coastal water; and the maintenance of indigenous biological diversity. This is a broadening of the scope of regional councils functions, and may be implemented to require protection of biodiversity on privately owned land.
Changes or cancellation of consent conditions have been simplified and a consent holder may apply at any time to change any condition (except as to the duration of the consent) without specifying a reason for such change. It is no longer necessary to demonstrate that there has been a change in circumstances. That is a very timely change.
The Amendment Act brought to an end the ability for the Environment Court to order any party to give security for costs. Previously, environmental or other groups sought to incorporate so as to escape personal liability if any Order for costs was made. That need is now removed.
Under the original Act, those who could show that they had an interest in the proceedings greater than the public generally, or those who made a submission, could be parties. Now, the scope for representation is much broader.
Conclusion
About 160 sections of the original Act are amended. Regulations and new forms are to follow. If you have any queries about the Resource Management Amendment Act 2003, and the changes that have been introduced since 1 August, then please do not hesitate to contact us.
Russell Ibbotson is the partner in charge of Preston Russell Law's environmental/resource management law team.
You can contact him by clicking here.
