Resource Management Act

Question 1

Integrated Management

Answer 1

The RMA sought to integrate the management of air, land, fresh water and marine areas into one piece of legislation.

Question 2

Structure

Answer 2

• Part 1: Interpretation and application
• Part 2: Purpose and Principals
• Part 3: Duties and Restrictions
• Part 4: Powers and Functions of Central and Local Govt
• Part 5: Standards, Policy Statements, and Plans
• Part 6: Resource Consent
• Part 7: Coastal Activities
• Part 8: Designations and heritage orders

Question 3

Purpose of RMA

Answer 3

The purpose of the Act is to promote the sustainable management of natural and physical resources.

Question 4

Sustainable Management

Answer 4

Managing resources in a way that enables people to provide for their social, economic and cultural well-being and for their health and safety while:

• Sustaining the potential of natural and physical resources for future generations
• Safeguarding the life supporting capacity of air, water, soil and ecosystems
• Avoiding, remedying or mitigating any adverse effects of activities on the environment

Question 5

Effect Based Approach

Answer 5

RMA focuses on managing the effects of activities rather than regulating the activities themselves.

RMA adopts an enabling approach, which seeks only to intervene when there is an unacceptable environmental impact.

Can result in environmental planning being reactive rather than proactive and in poor management of cumulative and diffuse impacts.

Question 6

Definition of Effects

Answer 6

• any positive or adverse effect
• any temporary or permanent effect
• any past, present or future effect
• any cumulative effect

Question 7

Treaty Considerations

Answer 7

In achieving the purpose of this Act, a person exercising functions and powers under it, in relation to managing the use, development, and the protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi)

Question 8

Part 3: Duties and Restrictions (How resources are to be managed) Sections

Answer 8

• Section 9: Land use
• Section 10: Uses of Lan protected
• Section 11: Subdivision of Land
• Section 13: Works in bed of lakes and rivers
• Section 14: Water
• Section 15: Discharges
• Section 16: Noise

Question 9

Definition of Water

Answer 9

• means water in all its physical forms whether flowing or not and whether over or under the ground
• includes fresh water, coastal water, and geothermal water
• does not include water in any form while in any pipe, tank, or cistern

Question 10

Contaminant

Answer 10

Contaminant includes any substance or energy or heat, that either by itself or in combination with the same, similar, or other substances, energy, or heat

• when discharged into water, changes, or is likely to change the physical, chemical, or biological condition of water’ or
• when discharged onto or into land or into air, changes or is likely to change the physical, chemical, or biological condition of the land or air onto or into which it is discharged

Question 11

Types of Councils

Answer 11

• Regional Councils
• City and District Councils
• Unitary Authorities

Question 12

Key Organisations and Functions

Answer 12

• Environmental Protections Agency (EPA)
• Ministry for the Environment
• Department of Conservation
• Parliamentary Commissioner for the Environment

Question 13

Regional Councils

Answer 13

Regional Plans have rules which control for which consent may be required
- Canterbury Regional Council (commercially known as Environment Canterbury)

Question 14

District Councils

Answer 14

• 9 district councils in canterbury

Question 15

Monitoring/Enforcement

Answer 15

• Consents require monitoring and compliance checks
• May include taking samples and measurements, analyses, inspections or investigations
• May include contingency plan to be implemented in the event that pre-determined compliance conditions are not met.

Question 16

Enforcement Penalties

Answer 16

• Fines can range up to $300,000 for an individual or $600,000
• RMA prosecution is a criminal prosecution and does not require the offence to have been deliberate
• Councils can issue infringement notices for minor offences or abatement notices which means people have to stop doing the thing that is effecting the environment.\

Question 17

2013 RMA Reform

Answer 17

Purpose to help create a resource management system that delivers communities planning needs, enables growth and provides strong environmental outcomes in a timely and cost effective way.

• improving resource consent regime
• Six month time limit for processing of consents for medium sized projects
• Stronger requirements for councils to base their planning decisions on cost-benefit analysis