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Resource Management Amendment Bill (Consistent) [2009] NZBORARp 7 (12 February 2009)

Last Updated: 23 April 2020

12 February 2009

ATTORNEY-GENERAL

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: RESOURCE MANAGEMENT AMENDMENT BILL

1 We have considered whether the Resource Management Amendment Bill (PCO

13548/4.0) (‘the Bill’) is consistent with the New Zealand Bill of Rights Act 1990 (‘the

Bill of Rights Act’). We understand that the Bill is likely to be considered by the

Cabinet Economic Growth and Infrastructure Committee (‘EGI’) at its meeting on

Wednesday, 18 February 2009.

2 Version 4.0 is not the final version of the Bill. We understand the Bill may be subject to further – possibly significant – substantive changes before it is submitted to EGI. We will provide you with further advice should this be necessary.

3 The Bill proposes to amend the Resource Management Act 1991 (the ‘RMA’). The proposals in the Bill seek to reduce the cost and timeframes of RMA processes. The Bill also aims to streamline consent processes for priority projects and better manage anti-competitive behaviour under the RMA.

4 To achieve these objectives, the Bill

- introduces new measures aimed at reducing the incidence of vexatious and frivolous appeals, and appeals motivated or backed by trade competition;

- establishes a new Environmental Protection Authority that will process applications and requests for plan changes, with hearings before a board of inquiry;

- introduces measures to speed up and reduce costs in the plan preparation and

change processes;

- reduces the need for consents to be notified when effects are minor;

- amends and clarifies existing provisions related to national policy statements

(NPS) and national environmental standards (NES);

- improves the effectiveness of enforcement mechanisms by creating stronger incentives to comply; and

- introduces a range of technical and small amendments to improve workability,

provide more flexibility in decision making arrangements, and clarify appeal rights and processes.

5 We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.

Jeff Orr

Chief Legal Counsel

Office of Legal Counsel

Helen Wyn General Manager Public Law

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Resource Management Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill

complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter.

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