Resource Management Act 1991

Resource Management Act 1991
Sodacan · CC BY-SA 3.0 · source
Title	Resource Management Act 1991
Enactment	1991
Jurisdiction	New Zealand
Status	current

Resource Management Act 1991 is a piece of legislation enacted in New Zealand that provides the primary statutory framework for the management of land, air, and water resources. The Act consolidated earlier statutes and aimed to promote sustainable management through planning instruments and consents administered by regional and territorial authorities. It has been central to debates involving development, conservation, indigenous rights, and infrastructure across Aotearoa.

Background and Purpose

The Act was developed in the context of policy debates involving the Fourth Labour Government of New Zealand, the Department of Conservation, the Ministry for the Environment, and stakeholders such as the Federated Farmers of New Zealand and the Royal Forest and Bird Protection Society of New Zealand. Influences included international instruments like the Brundtland Commission report and domestic reports such as the Resource Management Review 1989 and commissions chaired by figures linked to the Environment Court of New Zealand and the Privy Council. The purpose was to replace older laws including the Town and Country Planning Act 1977 and the Water and Soil Conservation Act 1967 with a single statute emphasizing integrated management and the protection of ecosystems referenced in decisions of the High Court of New Zealand and the Court of Appeal of New Zealand.

Key Principles and Provisions

The Act established principles that guided planning documents like regional policy statements and district plans prepared by bodies such as the Auckland Council, Canterbury Regional Council, and the Greater Wellington Regional Council. Core provisions addressed resource consents, designation processes used by agencies such as Waka Kotahi NZ Transport Agency, and effects-based assessment procedures often cited alongside instruments like the New Zealand Coastal Policy Statement and the Conservation Act 1987. Statutory Māori interests referenced in the Act intersect with the Treaty of Waitangi discourse and with acknowledgements by the Waitangi Tribunal. The Act created roles for statutory actors including the Minister for the Environment, the Parliament of New Zealand, and local authorities operating under the Local Government Act framework.

Implementation and Administration

Implementation relied on local government entities such as the Rotorua Lakes Council, Christchurch City Council, and unitary authorities like Nelson City Council, each producing plans, consenting processes, and compliance monitoring often enforced by the Environment Court and supported by the Environmental Protection Authority (New Zealand). Administrative practice involved professional groups including the New Zealand Planning Institute and regulatory lawyers from firms often litigating in courts like the High Court of New Zealand. Funding and resourcing issues brought in stakeholders such as the New Zealand Institute of Architects and infrastructure proponents like Genesis Energy and Transpower New Zealand.

Case Law and Judicial Interpretation

Judicial interpretation has evolved through landmark decisions in the Environment Court of New Zealand, the High Court of New Zealand, and the Court of Appeal of New Zealand, with occasional appeals to the Supreme Court of New Zealand. Notable judicial themes involve the scope of "sustainable management" in cases engaging parties such as Ngāi Tahu, Te Rūnanga o Ngāi Tahu, and municipal authorities like the Wellington City Council. Judgments have clarified matters of national significance, effects assessment, and procedural fairness where litigants included conservation groups like Greenpeace Aotearoa and industry bodies such as the New Zealand Petroleum & Minerals branch of Ministry of Business, Innovation and Employment. Decisions referencing precedents from courts in Australia and the United Kingdom have influenced evidentiary and remedial approaches.

Amendments and Reform Proposals

Since enactment, the Act has been amended by successive Parliaments including measures introduced by the National Party (New Zealand) and the Labour Party (New Zealand), with policy reviews led by the Ministry for the Environment and advisory panels including figures associated with the Productivity Commission (New Zealand). Reform proposals have included the development of replacement frameworks promoted by the Resource Management Review Panel 2020 and legislation introduced by the Cabinet of New Zealand to create new planning systems administered through entities like the proposed Environmental Protection Authority (New Zealand) reform packages and coordination with the Freshwater Taskforce. Stakeholders including iwi authorities such as Ngāti Whātua and business groups like the BusinessNZ lobby have been active in submissions.

Environmental and Social Impacts

The Act's effects on biodiversity, water quality, urban form, and infrastructure intersect with projects led by agencies such as KiwiRail and utilities like Watercare Services and Auckland Transport. Environmental outcomes debated involve organizations like the Royal Society Te Apārangi, research institutions such as the University of Otago and Massey University, and community groups across regions including Bay of Plenty and Southland. Social dimensions include impacts on Māori rights and participation, reflected in engagement with entities like Te Puni Kōkiri and claims heard by the Waitangi Tribunal, as well as tensions between development proponents such as Fletcher Building and conservation advocates like Forest & Bird.

Category:New Zealand legislation