After reviewing more than 3,000 submissions, the Environment Select Committee has reported back to Parliament (27 June) on the Natural and Built Environment and Spatial Planning Bills.
Despite the hundreds of amendments to the bills, the report does nothing to alleviate our concerns. The proposed legislation continues to enshrine inequitable rights based on race; reduces democratic accountability; diminishes local voices; and increases uncertainty.
You can read our original article that lays out our concerns here.
The Select Committee has recommended minor tidy-ups but has not proposed any significant changes to the provisions relating to consents, designations, the allocation of water resources, and the subjective nature of many of the provisions.
Below are a few of the contentious provisions the report continues to endorse:
The purpose statement continues to be vague
One of our main concerns is the ill-defined language used in Natural and Built Environment bill’s purpose statement (cl 3).
In its report, the Environment Committee agreed that the single purpose with two limbs could be interpreted as a dual purpose, which would create difficulties with its application. In an attempt to alleviate this issue, the Committee has recommended a single purpose: which is to uphold te Oranga o te Taiao. The te Oranga o te Taiao provision has recommended an expanded list of meanings, which includes all the following:
• the health of the natural environment; and
• the relationship between the health of the natural environment and its capacity to sustain life; and
• the relationship between the health of the natural environment and the health and well-being of people and communities; and
• the interconnectedness of all parts of the environment; and
• the relationship between iwi and hapū and te Taiao that is based on whakapapa.
This provision has been roundly criticized by the New Zealand Initiative, who have pointed out that when a Bill’s objective is this vague, its provisions are rudderless. You can read the assessment by Dr Bryce Wilkinson here.
The ACT Party put it like this:
“At the highest level, the bill’s purpose is to “to uphold te Oranga o te Taiao”. This is given a list of vague definitions with completely new terminology without any hierarchy. The bill throws in vague and puzzling concepts without any definition. How courts will interpret such confusing statements is unknown. This is a recipe for judicial mayhem.”
Give effect to the principles of te Tiriti o Waitangi stays
The NBE Bill retains the requirement that all persons exercising powers and performing functions and duties under the legislation must give effect to the [undefined] principles of te Tiriti o Waitangi. This provision carries significant legal implications. It will likely make things more difficult to do things, not easier.
Freshwater allocation concerns
The NBE Bill retains provision for engagement between the Crown, iwi and hapū on freshwater allocation at the regional or local scale. There is no acknowledgement of potential conflicts of interest to arise under such an arrangement.
Parker rejects calls to delay RMA reforms
Reflecting comments from Minister David Parker that the government remains determined to progress reform, the Ministry for the Environment says the bills will become law in mid-2023. The House will rise on 31 August 2023, providing only a small window of time to pass the Bills into law.
Nats promise to repeal
National promised to repeal the legislation if elected. Its forthright objections are summarised in this extract from its concluding comment:
“The bills fail on almost every front. They are anti-democratic. They disregard fundamental property rights. They will lead to extensive, time-consuming, and costly litigation. They will increase bureaucracy. They put at risk our climate goals. They will likely increase the costs, time, and uncertainty of resource consents. We cannot support these bills”.
HELP FIGHT AGAINST THE RMA REPLACEMENT LEGISLATION
The NZ Taxpayer’s Union has completed a tour of the country to raise awareness of the legislation. If you didn't make it along, you can watch a recording of the Invercargill meeting at the URL below:
We can only win this fight with people-power. Here are several suggestions of actions we can take to support this initiative.
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Contact your councillors and Mayors to express your concerns.
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Sign and share the HANDS OFF OUR HOMES petition hosted by the Taxpayers’ Union.
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Buy and display in a prominent place a STOP CENTRAL PLANNING COMMITTEES banner or yard sign.
Further reading
New Zealand Taxpayers' Union media release: RMA Replacement Bills Need To Go Back To Public Consultation