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Recommendations on review of section 6 and 7 of RMA
9 April 2012
EDS's Technical Advisory Group makes
recommendations to Government on its review of section 6 and
7 of the Resource Management Act
Embargoed until Thursday
10 May 2012, 7.00am
The Environmental Defence Society today released the report of its Technical Advisory Group (EDS TAG), convened to inform the Government's review of sections 6 and 7 of the Resource Management Act 1991.
Section 6 and 7 are core provisions of the RMA and set out matters of national importance and other matters that provide key direction for the way we manage our environment.
The EDS TAG was formed in November 2011, soon after the Government announced its intention establish its own Ministerial TAG to review these sections. The Government's review is driven by the perceived need to make greater reference to social and economic factors in section 6, and includes a proposal to refer to the importance of infrastructure.
"Given the significance of these sections within the framework of the Act, EDS convened a highly experienced and multi-disciplinary team of independent legal and resource management professionals, who would work independent of the Government's TAG but adopt the same terms of reference and general timeframe," said EDS Chairman, Gary Taylor.
The EDS TAG, which included former High Court Judge, Hon Peter Salmon QC, made ten key recommendations in its final report to Government.
"The EDS TAG's report is very clear that amendment to section 6 to make greater reference to social and economic factors should be avoided. Attempting to provide for economic or social outcomes will create a need to adjudicate between conflicting section 6 matters, introducing legal uncertainty and litigation expense. Referencing infrasructure in section 6 also runs counter to the underlying effects-based philosophy of the Act.
"The EDS TAG's recommendations do however propose three changes to section 7. These amendments increase recognition of the urban and built environment in the Act, require particular regard be had to the risk of natural hazards in plan preparation and consenting decisions, and seek to reduce the loss of productive soil through the subdivision of rural land for urban development.
"Following the release of the Ministerial TAG report, which is expected shortly, EDS will be hosting a seminar to encourage debate and critical analysis of the recommendations of both reports.
"EDS looks forward to
working with Environment Minister Amy Adams on this
significant area of the Government's Phase Two RMA reforms,"
Mr Taylor
concluded.
ends
Environmental Defence Society
EDS speaks for the environment. It has influence.
Since 1971, EDS has been driving environmental protection in Aotearoa New Zealand
through law and policy change. That's why it's one of this country's most influential non-
profit organisations when it comes to achieving better environmental outcomes.
EDS has expertise in key disciplines including law, planning, landscape and science. It
operates as a policy think-tank, a litigation advocate, and a collaborator – bringing together
the private and public sectors for constructive engagement.
EDS runs conferences and seminars on topical issues, including an annual Environmental
Summit and the Climate Change and Business Conference.
EDS is a registered charity and donations to it are tax-deductible.
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