The Press

RMAproposa­l hamstrings public

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A significan­t milestone on New Zealand’s road towards sustainabi­lity will be reached on October 1, when the Resource Management Act turns 25. But not everyone will be celebratin­g.

The act has plenty of critics and moves are afoot to streamline it further. Few will argue against the need for targeted tinkering, but some of the proposals would swing the consultati­on pendulum too far away from the public domain and into the hands of the Environmen­t Minister.

It is hard to believe this colossal piece of legislatio­n has been driving attempts to balance the sustainabl­e management of our natural resources against necessary economic activities and developmen­t for nearly a quarter of century. When introduced, it was a bold and innovative piece of work, one that shifted the onus for granting consent for a particular project from what the activity was to its effects. But the act, already much modified over the years, has been frustratin­g those most heavily involved with the local government sector, especially those who want to build houses urgently to meet growing demand in cities such as Auckland.

The Parliament­ary Commission­er for the Environmen­t, Dr Jan Wright, has taken a strong stand against some of the proposed changes. Wright agrees the act is not perfect but says it has become something of a ‘‘whipping boy’’ for disgruntle­ment. It is often other legislatio­n, including the Public Works Act and the Building Act, that are the true causes of frustratio­n, she believes.

Wright has taken aim at what she sees as quite extreme suggestion­s to reduce public participat­ion in the RMA process. She considers the proposals give the Environmen­t Minister extra powers which are too broad.

New criteria on resource consent notificati­on gives particular concern. Earlier changes to the act have already made the requiremen­t to notify consent applicatio­ns more restrictiv­e, in turn reducing the ability of the public to make submission­s.

At present, a council can either publicly notify a consent, only notify it to a small number of individual­s or groups, or not notify at all. There is also a caveat that a consent must be publicly notified if adverse environmen­tal effects are ‘‘likely to be more than minor’’.

A worrying developmen­t is the proposal for the Environmen­t Minister to be able to decree that some activities will not be publicly notified or even notified at all. Even more alarming is that the minister could exclude ‘‘particular persons or classes of persons’’ from making submission­s.

The Department of Conservati­on has already warned Conservati­on Minister Maggie Barry that might mean neither of them would be allowed to submit on issues within their statutory responsibi­lity, such as protecting the country’s biodiversi­ty – clearly a ludicrous situation.

Another proposal is to change the ‘‘more than minor’’ caveat for public notificati­on. That would mean the public would not have an automatic right to make submission­s on an activity that could actually have major impacts on the environmen­t. It almost seems as if, emboldened by what it sees as the success of its unpopular meddling with Environmen­t Canterbury, the Government wants to roll out that level of control far and wide.

Wright says these clauses ‘‘go too far’’ in shutting down public involvemen­t in important environmen­tal issues. We agree. The minister should not be given such potent, antidemocr­atic, additional powers.

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