From the Chairman s Office File No: 04 02 06 Document No: 2245210 Enquiries to: Blair Dickie 20 August 2012 Hon Amy Adams Minister for the Environment Freepost Parliament Private Bag 18 888, Parliament Buildings WELLINGTON 6160 Dear Minister Feedback on the Minister for the Environment s Resource Management Act 1991 Principles Technical Advisory Group, and RMA reforms Phase II. Last week the Waikato Regional Council s Policy and Strategy Committee considered a report on the above Technical Advisory Group s (TAG) report. It resolved to provide guidance to staff on a number of key matters in their advocacy in the development of the expected Resource Management Amendment Bill 2012. The report considered by the Council (DM#2233379) is attached to this communication and the key points are summarised below: The Waikato Regional Council opposes the removal of environmental bottom lines to be replaced by the wording broad overall judgement. There would be few regional economies that depend more on the quality and quantity of natural resources and the availability of networked infrastructure than that of the Waikato region. It is considered that the concept of balance between environment and economy is short term thinking and one that will not ensure the sustainability of the Region s economy into the future. The Waikato Regional Council supports the inclusion of new matters into the revised section 6 that reflect the built environment and contribute to the sustainable management of natural and physical resources. The use of operative Regional Policy Statements to define areas of significance for; landscapes, features and habitats is supported. It has been used in a limited way already in the Waikato region and can be expected to improve certainty for community and developers alike and positively incentivise Territorial Authority engagement in the policy development activity. It will, however, need central government commitment and support to ensure the criteria for definition are consistent nationally, that is between regions. Without this the certainty for linear infrastructure providers may be diminished. We note that this has not been costed. The Waikato Regional Council supports the package of recommendations that cover natural hazards, specifically: o The inclusion of risk in the management of natural hazards (as is already the case in the proposed Waikato Regional Policy Statement);
o The call for a regionally led, joint natural hazards plan (all region / all hazards), however, the Council is concerned that the target of three years is unrealistic in the current environment. Additional information will need to be collected to implement this requirement with a corresponding resourcing cost that will be borne primarily from regional ratepayers; o The development of central government guidance in the form of a National policy Statement and / or a National Environmental Standard to provide consistency between regions for regional hazard plans. Finally the Waikato Regional Council is concerned at the lack of consideration of costs in the recommendations made. Careful consideration of the TAG s Terms of Reference shows that not only was the TAG team required to identify the costs of the problems, but also what the costs and the benefits would be of any recommended changes to the resource management practice and / or legislation. The Waikato Regional Council does not consider this aspect has been complied with and irrespective of the perceived (and uncosted) benefits of aligning the legislation with previous Court interpretations on individual projects, the Waikato Regional Council s RMA planning documents have for the last 21 years been written to the letter of the legislation as found in the wording of Part 2 RMA. This is a considerable investment by the citizens of the businesses of the Waikato region. A change of the scope envisaged by the TAG recommendations will require a rewrite of RMA policies and plans as it would alter the basis of the s32 analysis the provisions are based upon. An initial estimate would put this in the vicinity of many millions of dollars in the Waikato region alone and many more when the rest of the country is factored in. In recognition of this detail, Waikato Regional Council staff would be prepared to work in conjunction with other councils in the Waikato region and with Local Government New Zealand to estimate the costs of implementing the recommended changes. Such an estimate would, I m sure, be useful to inform Ministry staff in the development of future legislation. I would welcome the opportunity to further discuss this letter should you have any questions or request clarification on any matter. Yours faithfully Peter Buckley Chairman Cc Tim Bennetts, Private Secretary for the Minister for the Environment Paul Reynolds, Chief Executive, Ministry for the Environment Miriam Eagle, Manager, Land and Water Forum Attached: Report to Waikato Regional Council: Policy Committee August 2012. Minister for the Environment s Technical Advisory Group (TAG) Report on sections 6 and 7 RMA. (WRC ref DM# 2233379) Doc # 2245210 2
Report to Policy Committee August 2012 Decision Required File No: 20 00 02 Date: 01 August 2012 To: From: Subject: Section Chief Executive Officer Group Manager Policy and Transport Minister for the Environment s Technical Advisory Group (TAG) Report on sections 6 and 7 RMA B (Committee has delegated authority to make decision) Purpose This report introduces Waikato Regional Council to the recently released TAG report into sections 6 & 7 Resource Management Act (RMA) (Principles) 1. It includes a summary of the TAG s findings and requests consideration of key themes in relation to recommended changes to the interpretation of the Resource Management Act 1991 (RMA). These will assist staff in their advocacy role to central government in the lead up to the Resource Management Amendment Bill 2012. Recommendation: 1. That the report Minister for the Environment s Technical Advisory Group (TAG) Report on sections 6 and 7 RMA (Doc # 2233379, dated 01 August 2012) be received, and 2. That the Policy Committee confirms the direction of comments on key matters to form the basis of advocacy to central government during the development of content for the expected Resource Management Amendment Bill 2012 as part of the phase II Resource Management reforms. Background The review of sections 6 & 7 (Principles) was commenced in 2011 as part of the National led government s resource management reforms and subsequent to the Resource Management Simplifying and Streamlining Amendment Act 2009 and the Urban 2 and Infrastructure 3 TAG reports, all of which recommended, among other things, changes to section 6 of the RMA. The Minister for the Environment sought independent advice on the principles that guide decision-making to assist interpretation of s5, the Purpose of the Resource Management Act 1991. The Terms of Reference are found in Attachment One of this report. It will be noted that the TAG did not have a mandate for consultation, however, initial input was made by WRC staff assisting with the preparation of a paper by Local Government New Zealand. The TAG report The 119 page report was commissioned by Minister Nick Smith in October 2011 and completed in February 2012. It was released by the new Minister for the Environment, the Honorable Amy 1 http://www.mfe.govt.nz/publications/rma/tag-rma-section6-7/index.html 2 Minister for the Environment Urban Technical Advisory Group report, July 2010 http://www.mfe.govt.nz/rma/central/amendments/documents/urban-tag-report.pdf 3 Minister for the Environment s Infrastructure Technical Advisory Group report, August 2010 http://www.mfe.govt.nz/rma/central/amendments/documents/infrastructure-tag-report.pdf Doc # 2245210 3
Adams in early July 2012 with a focus on the Natural Hazards content. The report is presented in seven chapters that follow the Terms of Reference. It interprets the issues associated with the use of the Act over its 20 year life and provides recommendations to change and rename sections 6 and 7. It also includes consequential changes to the interpretation section (s.2) to support recommendations for change of sections 6 & 7 and sets out other amendments (e.g. transitional requirements) that flow on from the recommendations. The concluding two chapters include an assessment of options to incorporate the Soil Conservation and Rivers Control Act 1941, Land Drainage Act 1908 and River Boards Act 1908 into other, more recent legislation, and a reflection on practice in relation to the Act. The following excerpt from the Minister s press release identifies the matters highlighted at the time of its release....environment Minister Amy Adams today released an independent report which considered changes to sections 6 and 7 of the Resource Management Act to address, among other things, management of natural hazards. After the Canterbury earthquakes, it became clear that consents for subdivisions had been granted without any consideration of the risk of liquefaction, Ms Adams says. The problem was that the RMA did not, and still does not, require these sorts of risks to be assessed and managed. Instead, the RMA prioritises preserving natural character, landscape, flora and fauna, public access, cultural values and heritage over managing natural hazards. The Government asked an independent technical advisory group to provide advice on whether the RMA should be amended to give greater consideration to emerging issues like natural hazards, and urban and infrastructure development. The report proposes that changes be made to the principles in sections 6 and 7 of the RMA to bring managing natural hazards and urban and infrastructure into the list of things that should be considered when Councils grant resource consents. It also says that none of these matters should be more important than another, and proposes changes to the structure of the RMA to make this clearer... The emphasis on Natural Hazards could give an indication that the government considers this to be important to the phase II Resource Management reforms. Current situation Part two of the Act is entitled Purpose and Principles and comprises four sections: Section 5 a Purpose; Section 6, Matters of national importance; Section 7, Other matters ; and Section 8, Treaty of Waitangi. The inference is that if section 5 is the Purpose, then the others form the principles. The Terms of Reference are limited to consideration of sections 6 and 7 and these are found as Attachment Two of this report. Reference to the current wording of sections 6 and 7 show that they provide national direction and guidance as to what is considered important. They are known as Environmental bottom lines. The differing requirements of decision makers to recognise and provide for section 6 matters and to have particular regard to section 7 matters automatically confers a hierarchy of importance between the two. Doc # 2245210 4
TAG recommended changes Attachment Three to this report contains the wording of the revised approach recommended by the TAG. Of interest is the change of name to: Section 6, Sustainable management principles; and Section 7, Sustainable management methods. The principles section collapses many of the matters previously contained in sections 6 & 7. New matters include those relevant to the built environment; e.g. Natural hazards, Infrastructure and urban design. These extend the scope to natural and physical resources and not just natural resources. Matters that are dropped include; amenity values, the intrinsic value of ecosystems and the habitats of trout and salmon. Additionally the references to protection, maintenance and enhancement and preservation are dropped in relation to; natural character, outstanding natural landscapes and features and to access to the coast, lakes and rivers and wetland. The new principles would be non-hierarchical and decision makers would be required to consider them within the context of a broad overall judgement as to whether the proposals achieve the purpose of the Act (section 5). The renamed section 7 does not contain principles and has been recast as sustainable resource management methods. This appears to be an attempt at legislating for best practise to improve efficiency and timeliness of RMA processes. Of interest here is the requirement to promote collaboration between local authorities and to have regard to voluntary form of environmental compensation, offsetting or similar measures. The principles section would be supported by new definitions for: Natural character; Archaeological site; Historic place; Historic areas; Mitigation; Outstanding natural landscapes and Outstanding natural features, Areas of significant indigenous biodiversity, Areas of significant indigenous terrestrial habitats; and Areas of significant aquatic habitats. The nine new definitions are proposed as consequential amendments, to section 2 RMA, Interpretation. Three are directly sourced from the Heritage New Zealand Pouhere Taonga Bill and four require further definition by the relevant operative Regional Policy Statement (RPS). In addition to the inclusion of the principle of managing the significant risks associated with natural hazards, the TAG recommended the development of a regionally led region wide natural hazards plan to be operative within three years. The operational nature of the Soil Conservation and Rivers Control Act, 1941, Land Drainage Act 1908 and the River Boards Act 1908 precluded the TAG from recommending their inclusion as part of sections 6 or 7. They did, however, recommend that the Acts be repealed and the important operational powers be incorporated into existing legislation (Preferably the Local Government Act 2002). Broad Overall Approach It is argued by the TAG that as a result of the Act being developed when the position of the government was an economically liberal one, the wider suite of matters relevant to sustainable management were not all stated as the social and economic activities were relatively free to occur so long as environmental bottom lines were met. The overwhelmingly biophysical matters listed in sections 6 & 7 constituted environmental bottom lines to support interpretation of section 5 (2)(a),(b)&(c). Doc # 2245210 5
The TAG refers to the way the Courts have interpreted the purpose of the Act as a broad overall judgement and have called this a fundamental mismatch or disconnect from the stated intention / interpretation of the government at the time. It proposes to rectify this by rewording the principles section to make the legislation conform to the courts interpretation. This is an interesting approach. The effect of changing the wording from an environmental bottom line approach to a broad overall judgement approach moves the fundamental relationship between the elements of sustainable management from one that recognises that vibrant social and economic elements are dependent upon the quality and quantity of natural resources. This is never more so than with the rural economy of the Waikato region. Changing the approach in the manner recommended by the TAG will allow trade-offs to occur between the elements of sustainability with potentially little guidance as how the reasonably foreseeable needs of future generations will be able to be provided for without Environmental bottom lines below which it is risky to go. It is difficult to see how the future generations of the Waikato region will get access to the ecosystem services that we get or free once they have bee traded for money at present day values. Other than say that there is a mismatch between the government s drafting and the Courts interpretation, there is little evidence presented or analysis to say why the covering phrase In making the overall judgement to achieve the purpose of this Act.. should be included as it has the effect of amending the interpretation of section 5(2)(a),(b)&(c). This was expressly excluded from the scope of the review (see Attachment One) The review will be limited from considering any matters that may affect other sections of Part Two of the RMA (sections 5 and 8 of the Act, which outline the RMA s purpose and principles). It is recommended that WRC oppose the inclusion of the wording broad overall judgement. Definitions Four new definitions that relate to features or areas of significant landscapes (regional or national scale) and habitats (regional significance) are required to be identified in an operative RPS. This will have the effect of focussing engagement between Territorial Authorities and relevant regional councils in respect of any of the defined areas. The inference is that regionally significant landscapes and habitats will be mapped. This can be expected to have the benefits of providing certainty and consistency at a catchment scale to all; however, it will also create significant new costs to upgrade each RPS. The requirement to define areas by mapping may not be too problematic if an indicative scale is able to be used such as that found in the Proposed Waikato RPS 2010 for landscapes. It is recommended that WRC support the idea of using RPSs to define indicative areas of regional significance. Such areas will need greater definition in district and or regional plans to allow interpretation and accurate application of relevant policies and methods including rules. Natural Hazards The high cost of the Christchurch earthquake, the specific inclusion of natural hazards in the TAG s Terms of Reference and the emphasis on natural hazards in the Minister s press release means that this is likely to be a topic that will be progressed. Specific recommendations relating to natural hazards are found in Attachment Four to this report. The report calls for a whole of region hazards plan which continues the trend of effecting solutions to district plans through strengthening of regional instruments. It also included the concept of risk which is in line with the direction of the proposed Waikato RPS 2010. The reference to managing significant risks associated with natural hazards needs to be defined and needs to be consistent across the country. Doc # 2245210 6
A recommendation is made to central government for the development of a National Policy Statement or National Environmental Standard on the management of natural hazards. This would be an appropriate instrument in which to provide national consistency for risk. The recommended change to section 106 that requires consent authorities to refuse consent if there is a significant increase in the risk associated with any natural hazard is an improvement upon the existing situation which allows the consent authority discretion with respect to natural hazards. It is recommended that Waikato Regional Council support the recommendations relating to the management of natural hazards and advise that the expectation that it be operative within three years is unrealistic given the challenging subject matter and the potential requirement for additional information and mapping. Increased costs The transitional costs of this proposal that not only changes the way the RMA is interpreted and applied, but also introduces a number of new definitions will be significant. The costs can be expected to land disproportionally on regional councils as: there is an increased requirement for regional policy statements to contain maps that can be applied at a district scale; and The requirement for a Regional Council led combined Natural Hazards plan. If implemented as recommended, Regional Councils will incur a significant extra cost to upgrade RPSs and identify areas of significance. There is little option but to map such areas and this can be expected to create demand for technical assessment and GIS support staff. Most RPS do not include maps at the scale and of the accuracy that can be relied upon to delineate significant areas to the individual property level. This is the domain of district plans. Regional councils are well under way with the review of operative and the proposal of second generation RPSs. The recommendation to define areas will require additional funding from rates over and above that already anticipated. Along with the recommendation for joint regionally led Natural Hazards plans, it is likely to create a pulse of policy/plan development that will affect all regions concurrently. This will not only apply to the policy development phase but also to the technical assessments, GIS support mapping, legal support. These only cover the type of costs that will be incurred by each council and does not cover the costs of the regional community. Neither of these are costed by the review TAG. The Terms of Reference specifically requires the Group s outputs to identify the costs and benefits of any recommended changes to resource management legislation practise/or legislation. It is recommended that Waikato Regional Council staff work with other local authorities within the region and with Local Government New Zealand to estimate of the scale of costs that implementation would incur. Such an estimate would be used to inform Ministry for the Environment staff. Next steps Comments on the TAG s report on sections 6 & 7 (RMA) have been sought without a timeframe, however, it is understood that there will be a Resource Management Amendment Bill in 2012. If this is the case it is also likely that a second Amendment Bill (2013) will be required to address matters from the Land and Water Forum s second report back later on in the year. It is worthwhile remembering that at the start of the current parliamentary term, the National party s Confidence and Supply Agreement with ACT New Zealand agreed that a significant change is needed to the RMA to promote investment, jobs and prosperity as well as environmental protection. While the previous administration had already embarked upon a programme of reform known as RM2, and the current review of sections 6 & 7 can be seen as an input to that review, it must be considered in light of the prevailing economic and political conditions. Doc # 2245210 7
Directions in response to identified key matters (above) will inform advocacy to central government, including Ministry for the Environment staff, involved in the development of the Resource Management Amendment Bill 2012. Additionally, Local Government New Zealand has convened a reference group to consider the TAG s recommendations and prepare feedback to the Ministry on the TAG sections 6 & 7 Report. The position of the Waikato Regional Council on key matters will be conveyed and where they are aligned, a joint approach will be proposed. Blair Dickie Principal Policy Advisor Policy and Transport Group Vaughan Payne Group Manager Policy and Transport Group Doc # 2245210 8
Attachment One; Terms of Reference: Review of sections 6 and 7 of the Resource Management Act 1991 Technical Advisory Group The Resource Management Act 1991 (RMA) Principles Technical Advisory Group (TAG) is appointed to provide independent advice to the Minister for the Environment on any changes needed to sections 6 and 7 of the RMA to improve the functioning of the RMA relative to: 20 years practical experience of its operation; the Government s environmental and economic objectives; and the broader second phase of resource management reforms. The TAG will commence and expire on the dates specified in the letters of appointment. Context This review sits within the government s Resource Management reform phase two work programme. The objectives of the programme are to consider: providing greater central government direction on resource management; improving economic efficiency of implementation without compromising underlying environmental integrity; avoiding duplication of processes under the RMA and other statutes; and providing for efficient and improved participation of Maori in resource management processes. Scope of work The TAG s role will be to undertake a focused review of sections 6 and 7 of the RMA. In particular, they will focus on whether sections 6 and 7 can be improved to: give greater attention to managing issues of natural hazards noting the RMA issues arising from the recent Canterbury earthquakes; consider the recommendations for changes to sections 6 and 7 from the urban and infrastructure technical advisory groups in a broader context; consider changes that would enable the incorporation of the Soil Conservation and Rivers Control Act 1941, River Boards Act 1908 and the Land Drainage Act 1908; reflect on the provisions relative to the resource management challenges facing New Zealand 20 year on from the RMA s enactment; promote consistency of interpretation through clear and modern drafting. In carrying out this review, the TAG will be able to consider the range of issues relevant to gain a clear view of the work needed on sections 6 and 7. The review will be limited from considering any matters that may affect other sections of Part Two of the RMA (sections 5 and 8 of the Act, which outline the RMA s purpose and principles). Outputs from the TAG The TAG is to work with officials and provide advice by the end of March 2012, in the form of a report to the Minister for the Environment. The TAG will have an evidential basis for the advice it provides to the Minister for the Environment. Specifically it will show how the identified problems create undesirable outcomes, what the costs of these problems are, and what the costs and benefits would be of any recommended changes to resource management practice and/or legislation. The first meeting of the TAG will be in October 2011, and fortnightly thereafter (some adjustment around the December 2011 to January 2012 period will be agreed). Officials will provide a set of proposals to the TAG by 31 October 2011. The TAG will meet the following timeframes for each stage of its work: o problems identified and substantiated by evidence by the end of November 2011; o the range of potential options to resolve problems identified by the end of December 2011; o key options identified by the end of January 2012; and o options fully developed and recommendations drafted by the end of February 2012. The TAG will report to the Minister for the Environment in February 2012. Doc # 2245210 9
TAG members will be available through to 30 June 2012 to provide oral advice to the Minister of the Environment. Working relationship with government officials Government officials from the Ministry for the Environment will provide secretariat support to the TAG and be available to answer questions as the TAG works through the processes agreed. Government officials may commission policy analysis or primary research from external consultants to assist the TAG, subject to the budget for this project. This may include advice from persons with local authority expertise. All considerations of the TAG are to remain confidential to the members and the Minister for the Environment, although they will be subject to the Official Information Act 1982. At least one official from the Ministry for the Environment will be present at all meetings of the TAG except where the chair requests a private session. Officials from other departments may be called upon as required to provide background information or explanations. Any advice on the Rivers Boards Act 1908 and the Land Drainage Act 1908 will be commissioned by the Ministry for the Environment in consultation with the Department of Internal Affairs. Doc # 2245210 10
Attachment Two: Current wording ss6&7 RMA 6 Matters of national importance In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance: (a) the preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development: (b) the protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development: (c) the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna: (d) the maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers: (e) the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga: (f) the protection of historic heritage from inappropriate subdivision, use, and development: (g) the protection of protected customary rights. 7 Other matters In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to (a) kaitiakitanga: (aa) the ethic of stewardship: (b) the efficient use and development of natural and physical resources: (ba) the efficiency of the end use of energy: (c) the maintenance and enhancement of amenity values: (d) intrinsic values of ecosystems: (e) [Repealed] (f) maintenance and enhancement of the quality of the environment: (g) any finite characteristics of natural and physical resources: (h) the protection of the habitat of trout and salmon: (i) the effects of climate change: (j) the benefits to be derived from the use and development of renewable energy. Doc # 2245210 11
Attachment Three: Proposed new wording Sections 6&7 RMA and supporting definitions 6. Sustainable management principles (1) In making the overall broad judgment to achieve the purpose of this Act, all persons performing functions and exercising powers under it must recognise and provide for: (a) The: (i) natural charactervalues of the coastal environment, wetlands, and lakes and rivers and their margins; and, (ii) value of public access to and along, the coastal marine area, wetlands, lakes and rivers. (b) The: (i) physical qualities of outstanding natural features; and, (ii) visual qualities of outstanding natural landscapes. (c) The physical qualities of: (i) areas of significant indigenous biodiversity; (ii) areas of significant indigenous terrestrial habitats; and (iii) areas of significant aquatic habitats. (d) In relation to climate change: (i) managing the significant risks of climate change effects; and, (ii) the benefits to be derived from the use and development of renewable energy. (e) In relation to Māori: (i) the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, taonga species and other taonga; (ii) the exercise by Māori of kaitiakitanga; and, (iii) protected customary rights. (f) Significant values of archaeological sites, historic places and historic areas; (g) The efficient use of natural and physical resources; (h) The significant benefits to be derived from the use and development of natural and physical resources; (i) Managing the significant risks associated with natural hazards; (j) The planning, design and functioning of the built environment, including the reasonably foreseeable availability of land for urban expansion, use and development; and (k) The planning, design and functioning of significant infrastructure: (2) For the avoidance of doubt, subsection (1) has no internal hierarchy. 7. Sustainable management methods All persons performing functions and exercising powers under this Act must: (a) Achieve timely, efficient and cost-effective resource management processes; (b) In the case of policy statements and plans: (i) include only those matters within the scope of this Act; (ii) use concise and plain language; and (iii) avoid repetition. (c) Have regard to any voluntary form of environmental compensation, off-setting or similar measure which is not encompassed by section 5(2)(c); (d) Promote collaboration between local authorities on common resource management issues; and, (e) Achieve an appropriate balance between public and private interests in the use of land. Definitions: The proposed changes to sections 6 and 7 would be supported by the following definitions: Doc # 2245210 12
Natural character means the physical qualities and features created by nature, and may include such matters as: (i) natural patterns and processes; (ii) biophysical, ecological, geological and geomorphological aspects; (iii) natural landforms, such as headlands, peninsulas, cliffs, dunes, wetlands and reefs; and, (iv) places or areas that are wild or scenic. Archaeological site means any place in New Zealand, including any building or structure (or part of a building or structure), that: (i) was associated with human activity that occurred before 1900 or is the site of the wreck of any vessel where the wreck occurred before 1900; and (ii) is or may be able, through investigation by archaeological methods, to provide evidence relating to the history of New Zealand 4. Historic place (a) means any of the following that form a part of the historical and cultural heritage of New Zealand and that lie within the territorial limits of New Zealand: (i) land, including an archaeological site; (ii) a building or structure (or part of a building or structure); and, (iii) any combination of land, buildings, structures, or associated buildings or structures (or parts of buildings, structures, or associated buildings or structures). (b) Includes anything that is in or fixed to land described in paragraph (a). 5 Historic areas means an area of land that (a) contains an inter-related group of historic places; (b) forms part of the historical and cultural heritage of New Zealand; and, (c) lies within the territorial limits of New Zealand. 6 Mitigation a) means to lessen the rigour or the severity of effects; and, b) contemplates that some adverse effects from developments may be considered acceptable, no matter what attributes the site might have. To what extent the adverse effects are acceptable, is, however, a question of fact and degree; c) but does not include any form of environmental or financial compensation or similar measure, except to the extent that such measure is to be provided on a voluntary basis. Outstanding natural features and outstanding natural landscapes means features and landscapes that are identified in an operative provision of a regional policy statement as being outstanding on a national or regional scale. Areas of significant indigenous biodiversity means areas identified in an operative provision of a regional policy statement which have species compositions or habitat structure or ecosystem functions, or a combination thereof, that are of significance for the maintenance of biodiversity nationally. Areas of significant indigenous terrestrial habitats means areas identified in an operative provision of a regional policy statement which have ecological attributes that are regionally significant. Areas of significant aquatic habitats means areas identified in an operative provision of a regional policy statement which have physical, recreational or ecological attributes that are regionally significant. 4 As per Heritage New Zealand Pouhere Taonga Bill 5 ibid 6 ibid Doc # 2245210 13
Attachment Four: Recommendations relating to the management of Natural Hazards A provision requiring decision-makers to recognise and provide for issues around natural hazard risks should be incorporated in s.6 of the RMA the wording of the provision to be, managing the significant risks associated with natural hazards: Retain the RMA definition of natural hazards. Further work should be undertaken on alignment of the definition across all relevant legislation, in particular to take account of the differing return periods for natural hazards. Amend provisions specifying matters to be considered in preparing RPS and plans to specifically refer to CDEM Group management plans as a matter which must be considered. Regional councils should have the lead function of managing all the effects of natural hazards. Territorial authorities are to retain their current function in regard to natural hazards. There should be one combined regional and district natural hazards plan. This plan should be required to be operative within three years of enactment of the empowering legislation. Require local authorities to make information about natural hazards available to all other local authorities within their region. This requirement should be drafted to expressly override any constraints arising from other legislation on information sharing, including the Privacy Act 1993 and the Local Government Official Information and Meetings Act 1987. Section 106 be amended to expressly include liquefaction and lateral spreading, along with any other consequences of the events included in the definition of natural hazard in s.2. Section 106 be amended to reflect the risk associated with any natural hazard, rather than the likelihood of the event. Section 106 be amended so that the consent authority must refuse consent if there will be a significant increase in the risk associated with any natural hazard. That the potential to extend the scope of s.106 to include land use consents issued by regional councils be investigated. That the Government promulgate a NPS or NES on the management of natural hazards. Doc # 2245210 14
Soil Conservation and Rivers Control Act 1948 (SCRCA), Land Drainage Act 1908 (LDA), and River Boards Act 1908 (RBA): Due to the operational nature of the SCRCA, LDA and RBA, their remaining provisions should not be incorporated into ss. 6 and 7 of the RMA. Repeal and transfer important operational powers currently under the SCRCA, LDA and RBA into existing legislation, preferably the LGA02. Incorporate existing land drainage/river management provisions contained in the LGA74 and LGA02 as part of a review of the SCRCA, LDA and RBA with the aim of integrating and repackaging them in the LGA02. Consider a comprehensive review of all flood-related legislation at some point in the future. Doc # 2245210 15