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Select Committee report on Resource Management Reform Bill
EDS disappointed with Select Committee report on Resource Management Reform Bill
The Parliamentary Select Committee hearing submissions on the Resource Management Reform Bill has left the Bill largely unchanged in spite of serious concerns expressed by the Environmental Defence Society and others.
“Regrettably the Select Committee has recommended in favour of further restrictions on the ability of councils to protect trees in urban areas,” said Mr Taylor.
“Under the amendments, introduced at the request of the Property Council, protected trees need to be identified by listing the street address or legal description of the property in a schedule of the plan. This is an excessively onerous, costly and bureaucratic obligation.
“The Bill will make it hugely difficult to protect urban trees, which contribute to the pleasantness and amenity of towns and cities. This is an issue that’s especially important to Auckland.
“The Select Committee has also failed to address aspects of the Auckland Unitary Plan process that the Environmental Defence Society considers unconstitutional.
“The Bill continues to allow the Minister for the Environment to promulgate regulations that direct the Hearings Panel to ignore parts of the RMA. This is a ‘Henry VIII’ clause, which is considered constitutionally inappropriate in all but the most exceptional cases. There is no justification for its use here and it will likely lead to legal challenges.
“The Bill continues to allow the Hearings Panel to make recommendations outside the scope of submissions. The Select Committee attempts to address this by requiring these recommendations to be identified and allowing appeals to the Environment Court on these matters – however this is restricted to persons who are considered “unduly prejudiced” by the recommendations. This fails to adequately address the exclusion of citizens’ rights to be heard (natural justice).
“This can be contrasted to the Select Committee recommendation that Auckland Council must not consider any submission or other evidence that was not made available to the Hearings Panels when making decisions on recommendations. There is clearly a double standard being applied.
“Furthermore, a power to make recommendations outside the scope of submissions is no longer required as the Select Committee also recommends allowing variations to the Unitary Plan to be introduced if directed by the Hearings Panel.
“The Select Committee has also retained the power to appoint the Hearings Panel in the hands of the Minister for the Environment and the Minister of Conservation, as opposed to Auckland’s elected representatives. EDS considers this inappropriate as it is Auckland’s plan and ratepayers are meeting all the costs.
“We are concerned that the government will make political appointments that will lead to bias and predetermination.
“EDS is extremely disappointed that the Select Committee has failed to address the very reasonable concerns raised in our submission. We note that the recommendations do not have all-party support. It is regrettable that the RMA has become such a political football,” 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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