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Creating and Implementing National Green Plans: New Zealand Case Study

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Elizabeth Baker

New Zealand environmental judge and policy maker tells the story of his nation's environmental recovery.

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CREATING AND IMPLEMENTING NATIONAL GREEN PLANS New Zealand Case Study Tom W. Fookes Director twfookes consulting limited
NZ RESOURCE MANAGEMENT ACT (RMA): GREEN PLAN AS LEGISLATION Law relating to the use of land, air, and water Purpose: promote sustainable management – natural & physical resources Applies to government and private actions Considers ‘use’ in terms of effects – positive or adverse; temporary or permanent; past, present or future; cumulative (time & other effects); high probability; low probability & high potential impact
SUSTAINABLE MANAGEMENT Managing the use, development, and protection of natural and physical resources... in a way, or at a rate, ... which enables people and communities... to provide for their social, economic, and cultural wellbeing, and... for their health and safety... while...
Provisos for Sustainable Management While – Sustaining the potential of natural and physical resources... To meet reasonably foreseeable needs of future generations, and... Safeguarding the life-supporting capacity of air, water, soil, and ecosystems, and... Avoiding, remedying, or mitigating any adverse effects of adverse effects on the environment
Environment defined Inclusive definition - ecosystems and their constituent parts, including people and communities - all natural and physical resources - amenity values - social, economic, aesthetic and cultural conditions (as affect or are affected by the above)
THE PLAN IN GREEN PLAN Central government National Policy Statements National Environmental Standards Local government Regional Policy Statements – regional councils District Plans – city and towns and rural districts
Adverse Effects Duty to avoid, remedy, or mitigate adverse effects Abatement and enforcement order Recognised Customary Activities Express provisions subject to other government controls
Content of Plans (General) Policy Statements and District Plans Hierarchy of... Issues Objectives sought to be achieved Policies for the issues and objectives Methods to implement the policies Anticipated Environmental Results
KEY AGENCIES: REGIONAL AND TERRITORIAL LOCAL AUTHORITIES...1 Regional Councils regional policy consents/permits for: - use of coastal marine area - use of beds of lakes and rivers - water: taking, damming, or diverting (includes geothermal) - discharge of contaminants into environment (water and air) - noise
KEY AGENCIES: REGIONAL AND TERRITORIAL LOCAL AUTHORITIES...2 Territorial Local Authorities Objectives, Policies and Rules in a District Plan – restrictions on: - use of land - building bulk and location - noise - other adverse effects of use (e.g. Traffic)
RMA: WHY DID IT HAPPEN? Too many overlapping laws and regulations – need for rationalisation & integration (whole of environment approach) Political acceptance there was a problem Ministerial leadership Imaginative law review and policy-making process – public buy-in achieved Recognised importance of regional & local level identification of issues – objectives – policies – methods Open public participation in all aspects of the Act
RMA: HOW DID IT HAPPEN? Public – private sector - community collaboration: - identification of problems with status quo – free telephone calling + written submissions - cross-interests working groups for major issues (e.g. Public participation, EIA, Consent process) Cross-government agency collaboration – starting at Minister level + Core Group
RMA: HOW HAS IT WORKED? IMPLEMENTATION...1 The law versus its application - over 17 years amendments to Act but overall thrust unchanged - Local government practice fallen short – - * issues of capacity and commitment * mismatch between issues - objectives - policies – methods * rule-based - reluctance to apply other methods * poor quality policy statements & plans
IMPLEMENTATION...2 Effect of Market-based policy - reliance on market processes to achieve purpose of RMA – failed Original vision of RMA being undermined - Reluctance to use NPS’s - Dependence on rules - Disenchantment – businesses - Bi-partisan political support weakened - Return to separate issue-based law (e.g. Climate change) - EPA proposal
IMPLEMENTATION...3 Role of Environment Court and Higher Courts
SUMMING UP: IS GREEN PLAN LAW WORTH THE EFFORT? Plus side... Minus side... In conclusion...

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Creating and Implementing National Green Plans: New Zealand Case Study

  • 1. CREATING AND IMPLEMENTING NATIONAL GREEN PLANS New Zealand Case Study Tom W. Fookes Director twfookes consulting limited
  • 2. NZ RESOURCE MANAGEMENT ACT (RMA): GREEN PLAN AS LEGISLATION Law relating to the use of land, air, and water Purpose: promote sustainable management – natural & physical resources Applies to government and private actions Considers ‘use’ in terms of effects – positive or adverse; temporary or permanent; past, present or future; cumulative (time & other effects); high probability; low probability & high potential impact
  • 3. SUSTAINABLE MANAGEMENT Managing the use, development, and protection of natural and physical resources... in a way, or at a rate, ... which enables people and communities... to provide for their social, economic, and cultural wellbeing, and... for their health and safety... while...
  • 4. Provisos for Sustainable Management While – Sustaining the potential of natural and physical resources... To meet reasonably foreseeable needs of future generations, and... Safeguarding the life-supporting capacity of air, water, soil, and ecosystems, and... Avoiding, remedying, or mitigating any adverse effects of adverse effects on the environment
  • 5. Environment defined Inclusive definition - ecosystems and their constituent parts, including people and communities - all natural and physical resources - amenity values - social, economic, aesthetic and cultural conditions (as affect or are affected by the above)
  • 6. THE PLAN IN GREEN PLAN Central government National Policy Statements National Environmental Standards Local government Regional Policy Statements – regional councils District Plans – city and towns and rural districts
  • 7. Adverse Effects Duty to avoid, remedy, or mitigate adverse effects Abatement and enforcement order Recognised Customary Activities Express provisions subject to other government controls
  • 8. Content of Plans (General) Policy Statements and District Plans Hierarchy of... Issues Objectives sought to be achieved Policies for the issues and objectives Methods to implement the policies Anticipated Environmental Results
  • 9. KEY AGENCIES: REGIONAL AND TERRITORIAL LOCAL AUTHORITIES...1 Regional Councils regional policy consents/permits for: - use of coastal marine area - use of beds of lakes and rivers - water: taking, damming, or diverting (includes geothermal) - discharge of contaminants into environment (water and air) - noise
  • 10. KEY AGENCIES: REGIONAL AND TERRITORIAL LOCAL AUTHORITIES...2 Territorial Local Authorities Objectives, Policies and Rules in a District Plan – restrictions on: - use of land - building bulk and location - noise - other adverse effects of use (e.g. Traffic)
  • 11. RMA: WHY DID IT HAPPEN? Too many overlapping laws and regulations – need for rationalisation & integration (whole of environment approach) Political acceptance there was a problem Ministerial leadership Imaginative law review and policy-making process – public buy-in achieved Recognised importance of regional & local level identification of issues – objectives – policies – methods Open public participation in all aspects of the Act
  • 12. RMA: HOW DID IT HAPPEN? Public – private sector - community collaboration: - identification of problems with status quo – free telephone calling + written submissions - cross-interests working groups for major issues (e.g. Public participation, EIA, Consent process) Cross-government agency collaboration – starting at Minister level + Core Group
  • 13. RMA: HOW HAS IT WORKED? IMPLEMENTATION...1 The law versus its application - over 17 years amendments to Act but overall thrust unchanged - Local government practice fallen short – - * issues of capacity and commitment * mismatch between issues - objectives - policies – methods * rule-based - reluctance to apply other methods * poor quality policy statements & plans
  • 14. IMPLEMENTATION...2 Effect of Market-based policy - reliance on market processes to achieve purpose of RMA – failed Original vision of RMA being undermined - Reluctance to use NPS’s - Dependence on rules - Disenchantment – businesses - Bi-partisan political support weakened - Return to separate issue-based law (e.g. Climate change) - EPA proposal
  • 15. IMPLEMENTATION...3 Role of Environment Court and Higher Courts
  • 16. SUMMING UP: IS GREEN PLAN LAW WORTH THE EFFORT? Plus side... Minus side... In conclusion...