CREATING AND IMPLEMENTING NATIONAL GREEN PLANS New Zealand Case Study Tom W. Fookes Director twfookes consulting limited

NZ RESOURCE MANAGEMENT ACT (RMA): GREEN PLAN AS LEGISLATION Law relating to the use of land, air, and water Purpose: promote sustainable management – natural & physical resources Applies to government and private actions Considers ‘use’ in terms of effects – positive or adverse; temporary or permanent; past, present or future; cumulative (time & other effects); high probability; low probability & high potential impact

Law relating to the use of land, air, and water

Purpose: promote sustainable management – natural & physical resources

Applies to government and private actions

Considers ‘use’ in terms of effects – positive or adverse; temporary or permanent; past, present or future; cumulative (time & other effects); high probability; low probability & high potential impact

SUSTAINABLE MANAGEMENT Managing the use, development, and protection of natural and physical resources... in a way, or at a rate, ... which enables people and communities... to provide for their social, economic, and cultural wellbeing, and... for their health and safety... while...

Managing the use, development, and protection of natural and physical resources...

in a way, or at a rate, ...

which enables people and communities...

to provide for their social, economic, and cultural wellbeing, and...

for their health and safety...

while...

Provisos for Sustainable Management While – Sustaining the potential of natural and physical resources... To meet reasonably foreseeable needs of future generations, and... Safeguarding the life-supporting capacity of air, water, soil, and ecosystems, and... Avoiding, remedying, or mitigating any adverse effects of adverse effects on the environment

While –

Sustaining the potential of natural and physical resources...

To meet reasonably foreseeable needs of future generations, and...

Safeguarding the life-supporting capacity of air, water, soil, and ecosystems, and...

Avoiding, remedying, or mitigating any adverse effects of adverse effects on the environment

Environment defined Inclusive definition - ecosystems and their constituent parts, including people and communities - all natural and physical resources - amenity values - social, economic, aesthetic and cultural conditions (as affect or are affected by the above)

Inclusive definition

- ecosystems and their constituent parts, including people and communities

- all natural and physical resources

- amenity values

- social, economic, aesthetic and cultural conditions (as affect or are affected by the above)

THE PLAN IN GREEN PLAN Central government National Policy Statements National Environmental Standards Local government Regional Policy Statements – regional councils District Plans – city and towns and rural districts

Central government

National Policy Statements

National Environmental Standards

Local government

Regional Policy Statements – regional councils

District Plans – city and towns and rural districts

Adverse Effects Duty to avoid, remedy, or mitigate adverse effects Abatement and enforcement order Recognised Customary Activities Express provisions subject to other government controls

Duty to avoid, remedy, or mitigate adverse effects

Abatement and enforcement order

Recognised Customary Activities

Express provisions subject to other government controls

Content of Plans (General) Policy Statements and District Plans Hierarchy of... Issues Objectives sought to be achieved Policies for the issues and objectives Methods to implement the policies Anticipated Environmental Results

Policy Statements and District Plans

Hierarchy of...

Issues

Objectives sought to be achieved

Policies for the issues and objectives

Methods to implement the policies

Anticipated Environmental Results

KEY AGENCIES: REGIONAL AND TERRITORIAL LOCAL AUTHORITIES...1 Regional Councils regional policy consents/permits for: - use of coastal marine area - use of beds of lakes and rivers - water: taking, damming, or diverting (includes geothermal) - discharge of contaminants into environment (water and air) - noise

Regional Councils

regional policy

consents/permits for:

- use of coastal marine area

- use of beds of lakes and rivers

- water: taking, damming, or diverting (includes geothermal)

- discharge of contaminants into environment (water and air)

- noise

KEY AGENCIES: REGIONAL AND TERRITORIAL LOCAL AUTHORITIES...2 Territorial Local Authorities Objectives, Policies and Rules in a District Plan – restrictions on: - use of land - building bulk and location - noise - other adverse effects of use (e.g. Traffic)

Territorial Local Authorities

Objectives, Policies and Rules in a District Plan – restrictions on:

- use of land

- building bulk and location

- noise

- other adverse effects of use (e.g. Traffic)

RMA: WHY DID IT HAPPEN? Too many overlapping laws and regulations – need for rationalisation & integration (whole of environment approach) Political acceptance there was a problem Ministerial leadership Imaginative law review and policy-making process – public buy-in achieved Recognised importance of regional & local level identification of issues – objectives – policies – methods Open public participation in all aspects of the Act

Too many overlapping laws and regulations – need for rationalisation & integration (whole of environment approach)

Political acceptance there was a problem

Ministerial leadership

Imaginative law review and policy-making process – public buy-in achieved

Recognised importance of regional & local level identification of issues – objectives – policies – methods

Open public participation in all aspects of the Act

RMA: HOW DID IT HAPPEN? Public – private sector - community collaboration: - identification of problems with status quo – free telephone calling + written submissions - cross-interests working groups for major issues (e.g. Public participation, EIA, Consent process) Cross-government agency collaboration – starting at Minister level + Core Group

Public – private sector - community collaboration:

- identification of problems with status quo – free telephone calling + written submissions

- cross-interests working groups for major issues (e.g. Public participation, EIA, Consent process)

Cross-government agency collaboration – starting at Minister level + Core Group

RMA: HOW HAS IT WORKED? IMPLEMENTATION...1 The law versus its application - over 17 years amendments to Act but overall thrust unchanged - Local government practice fallen short – - * issues of capacity and commitment * mismatch between issues - objectives - policies – methods * rule-based - reluctance to apply other methods * poor quality policy statements & plans

IMPLEMENTATION...1

The law versus its application

- over 17 years amendments to Act but overall thrust unchanged

- Local government practice fallen short – - * issues of capacity and commitment

* mismatch between issues - objectives - policies – methods

* rule-based - reluctance to apply other methods

* poor quality policy statements & plans

IMPLEMENTATION...2 Effect of Market-based policy - reliance on market processes to achieve purpose of RMA – failed Original vision of RMA being undermined - Reluctance to use NPS’s - Dependence on rules - Disenchantment – businesses - Bi-partisan political support weakened - Return to separate issue-based law (e.g. Climate change) - EPA proposal

Effect of Market-based policy

- reliance on market processes to achieve purpose of RMA – failed

Original vision of RMA being undermined

- Reluctance to use NPS’s

- Dependence on rules

- Disenchantment – businesses

- Bi-partisan political support weakened

- Return to separate issue-based law (e.g. Climate change)

- EPA proposal

IMPLEMENTATION...3 Role of Environment Court and Higher Courts

Role of Environment Court and Higher Courts

SUMMING UP: IS GREEN PLAN LAW WORTH THE EFFORT? Plus side... Minus side... In conclusion...

Plus side...

Minus side...

In conclusion...