Resource Management Review 1989

Resource Management Review 1989
Title	Resource Management Review 1989
Date	1989
Jurisdiction	New Zealand
Author	Review Committee
Related	Resource Management Act 1991

Resource Management Review 1989.

The 1989 review produced a comprehensive analysis that informed subsequent reforms linking environmental law, land use, and planning frameworks across New Zealand, influencing debates in the Parliament of New Zealand, deliberations in the Department of Conservation (New Zealand), and submissions to commissions associated with the Treasury (New Zealand), Ministry for the Environment (New Zealand), and local authorities such as the Auckland Council and the Wellington City Council. The review intersected with contemporaneous legislative initiatives involving the Environment Court of New Zealand, the Waitangi Tribunal, and policy discussions referencing precedents from the United Kingdom and the United States.

Background and Context

In 1989 the review emerged amid policy shifts overseen by ministers and senior officials from the Fourth Labour Government of New Zealand and advisors influenced by thinkers linked to the Rogernomics reforms, networks around the Reserve Bank of New Zealand, and legal scholarship referencing cases from the Privy Council and judgements of the High Court of New Zealand. Debates drew upon experiences in resource allocation observed in the Auckland Harbour Board era, planning disputes like those before the Environment Court of New Zealand, and comparative statutory models such as the National Environmental Policy Act and the Town and Country Planning Act 1947. Commissioners convened evidence from academics at the University of Auckland, the Victoria University of Wellington, and the University of Otago, as well as submissions from industry groups including the Federated Farmers of New Zealand, municipal bodies such as the Christchurch City Council, and iwi representatives engaged with the Ngāi Tahu Claims Settlement Act 1998 discussions.

Scope and Objectives

The review’s remit encompassed assessment of statutory instruments, jurisdictional roles, and procedural mechanisms affecting land and coastal management, water allocation, and biodiversity conservation. Objectives included evaluating statutory consolidation to replace multiple enactments like the Soil Conservation and Rivers Control Act 1941 and to harmonize consent processes referenced in disputes involving entities such as the New Zealand Fishing Industry Board and the Electricity Corporation of New Zealand. The committee sought to reconcile obligations under the Resource Management Act 1991-precursor proposals, to integrate principles from the RMA drafts, and to address statutory duties cited by local bodies such as the Waikato Regional Council and the Canterbury Regional Council.

Key Findings and Recommendations

The review recommended a unified statutory framework emphasizing sustainable use and integrated management, urging consolidation of instruments similar to models discussed by jurists referencing the House of Lords and decisions from the Court of Appeal of New Zealand. It advocated clarifying roles for regional authorities such as the Hawke's Bay Regional Council and territorial authorities like the Palmerston North City Council, streamlining consent regimes in ways comparable to procedures used by the United States Environmental Protection Agency and promoting participatory processes that accommodated claims before the Waitangi Tribunal. Specific recommendations included strengthened functions for the Ministry for the Environment (New Zealand), creation of principled assessment criteria akin to those in the Resource Management Act 1991 consultative drafts, protections for coastal areas resonant with disputes involving the Fiordland National Park, and statutory recognition of tangata whenua interests as reflected in settlements involving Ngāi Tahu.

Implementation and Legislative Impact

Legislative uptake of the review’s recommendations occurred through debates in the New Zealand Parliament leading to enactments that consolidated planning law and consent mechanisms, most notably influencing provisions later codified in the Resource Management Act 1991. Implementation required amendments that interacted with statutes like the Local Government Act 1974 and regulatory bodies including the Environmental Protection Authority (New Zealand). Courts, notably the Environment Court of New Zealand and the High Court of New Zealand, interpreted new provisions in litigation involving parties such as municipal councils and corporates including the Fletcher Challenge. Administrative practice among regional councils adjusted planning instruments and district plans used by the Waikato District Council and others.

Stakeholder Responses and Criticism

Responses ranged widely: proponents from organizations like the Royal Forest and Bird Protection Society of New Zealand and the Royal Society of New Zealand praised integrated management; industrial stakeholders including the New Zealand Federated Farmers and infrastructure firms voiced concerns about regulatory uncertainty and transaction costs. Iwi groups and claimants referenced by the Waitangi Tribunal critiqued early drafts for insufficiently embedding tikanga and Treaty principles, prompting further engagement seen in settlements such as those involving Ngāti Apa and mediations that later influenced clauses in the Resource Management Act 1991. Academic critics from institutions such as the University of Canterbury and commentators publishing in outlets associated with the New Zealand Law Society debated the balance between environmental protection and property rights.

Long-term Outcomes and Evaluation

In the long term, the review’s influence persisted in jurisprudence from the Court of Appeal of New Zealand and policy evolution within the Ministry for the Environment (New Zealand), shaping subsequent amendments, national direction statements, and resource consent practices adopted by regional authorities like the Otago Regional Council. Evaluations by commissions and tribunals, including retrospective analyses invoked by the Productivity Commission (New Zealand), have noted both successes in consolidating statutory regimes and ongoing challenges in implementation, conflict resolution, and incorporation of indigenous rights evident in later cases involving the Waitangi Tribunal and the Supreme Court of New Zealand.

Category:Environmental law of New Zealand