By Anna Bensemann Senior Planner, Baseline Group | Nov 22, 2022
There is a general shift in New Zealand legislation to better honour the partnership principles between the Crown and Iwi, embodied in the Treaty of Waitangi. This is distinctly apparent in recent planning-based legislation changes under the Resource Management Act (RMA). Central Government driven National Policy Statements (NPS) for both fresh water and highly productive soils illustrate this fundamental change and arguably have directed some of the most significant changes to compliance measures for modern farming.
New fundamental concepts such as Te Mana o te Wai have been introduced to provide an overarching direction for how fresh water is managed. This concept recognises the vital importance of water and looks to protect the health and well-being of freshwater, seeking to prioritise the health of waterways before human drinking water, and before more commercial uses of water such as irrigation. This concept requires integrated management of freshwater bodies using the concept of ki uta ki tai (from the mountains to the sea).
Co-governance is another key direction promoted by Central Government to enable Tangata Whenua engagement and influence in the decision-making process. There is a real potential for a disconnect to occur where an obligation to actively involve Tangata Whenua in decision making is not supported with funding and resources to make such consultation meaningful. With the RMA largely a user pays system, it has traditionally resulted in applicants having to fund consultation with Iwi, often creating animosity between Iwi and resource consent applicants. This is seen as a significant barrier to development and creates a clear wedge in otherwise small communities.
As with any new piece of legislation, there are different ways of interpretingthese new concepts and requirements. Each Regional and District Council interprets their obligations differently, leading to inconsistent administration and often inconsistent outcomes between regions and districts. There will be some standardisation to interpretations when these concepts are tested through
Environment Court proceedings. Case law decisions tend to take ten plus years to emerge due to the slower processing timeframes for court proceedings. The formal process of litigation is also not for everyone, with deep pockets required to fund the legal system and a greater risk of being turned down.
In the meantime, Councils, Planners, Iwi and farmers alike will have to grapple with what these new concepts and rules will mean on the ground. The real opportunity is to ensure Mahi Tahi (to work together as one) occurs when it counts, to secure a healthy and prosperous environment for all parties involved, including for generations to come.
Articles you might be interested in
- Balancing Common Sense and Legal Process under the RMA: Protecting Communities and the Environment
- Our History - How We All Play a Part in its Protection
- Buildings under exemptions may still need resource consent
- Outstanding Natural Features and Landscapes - effect on farming
- Managing Cultural Heritage Sites
- Crunch Time For New Freshwater Legislation
- Game changers for housing under the RMA
- The importance of knowing your boundaries
- Changes to Resource Management Planning Signalled in Proposed Legislation
- Housing Intensification – Not for Everyone Says CCC
- Minimum Car Parking Requirements to be Chopped
- Tiny Home Revolution May Not Save Costs
- Cross lease titles - an overview
- Historic Heritage Challenges for Landowners
- Selwyn District Council Changes Urban Allotment Sizes
- The Great Forestry Debate
- Is the RMA really the problem?
- With increasing density, good design matters
- Rural Allotment Sizes set to Double
- Who Shapes our Planning Rules?
- New Indigenous Biodiversity Legislation Mandates Significant Natural Area Identification
- Negotiating with Neighbours Under the RMA
- Minimum car parking requirements to be chopped
- State highways, noise and reverse sensitivity: what’s the buzz?
- Is it a Wetland or Not?
- What to do when you inherit land
- Your Rights as an Affected Neighbour: Navigating Development Under the RMA
- Have your say on Development Projects
- A Practical Guide for District Plan Reviews
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- Time's up on the RMA
- Changes to Flood Management in Selwyn
- District Plan in Selwyn – How will it Affect You?
- Risks to farmland in the planning framework
- How lizards might affect your new development
- Highly Productive Soils – Big Picture Thinking vs Private Landowners Needs
- Housing Growth continues in Selwyn with Legislative Support
- Why we have complicated septic tank disposal rules
- How might Development Contributions affect you?
- A recent Baseline Group project was recognised at the 2022 Canterbury Architecture Awards
- Proposed Selwyn District Plan - What next?
- Who Pays for Infrastructure in Greenfield Land Development?
- But that’s the way we have always done it!
- Planning Permissions – Resource Consent or Plan Change?
- The dream of subdividing your land
- Councils are Increasing Residential Density, but why, who does it benefit?
- Commercial Activity in a Rural Zone – What’s the Harm?
- Boundary disputes – What are they and how can you resolve them?
- Make Your Additional Land Profitable Under the Selwyn Proposed Plan
- Change isn't coming, it's here!
- Proposed Selwyn District Plan Update
- The impact of consent notices when purchasing land
- Hazardous activities, land contamination and resource consent applications
- Spotlight on District Plan Provisions
- Crime Prevention Through Environment Design (CPTED)
- Indigenous Biodiversity: what does it mean for a farmer?
- Rural allotment sizes set to double in West Selwyn
- How Tree Canopies Transform Neighbourhoods and Enhance Lives
- Burning crop stubble on your property?
- Good District Plan provisions save time and money
- Planning land use to be resilient to natural hazards
- The Role of Planning in the Climate Change - Discussion for Agriculture
- RMA changes are coming, are you ready?
- What does a professional planner do?
- Planning Rules can Affect Property Value
- Wild Weather and Resource Consent Requirements