1. RMA Journeys with the EPA and MfE: What’s new? Rob Forlong Sue Powell Craig Mallett Glenn Wigley

2. Policy workstreams Craig Mallett Miriam Eagle

3.  Update on RMA Reforms: Phase II  NPSs and other initiatives Outline of presentation

4. RMA Reforms Phase I First 90 days: commitment to bring forward reform Led to Resource Management (Streamlining and Simplifying) Act 2009 Removed roadblocks and improved processes 4

5. RM reform is an ongoing programme 5 2009201020112012 Phase I reforms Phase II reforms* Environmental Protection Authority Aquaculture Urban and infrastructure Phase IINew start for freshwater (Phase I) Exclusive Economic Zone * Note other issues have also been grouped under RM Phase II Improving Māori participation Implementation

6. Key elements of RM Reform – Phase II Complex issues unable to be addressed quickly in Phase I RMA not fundamentally broken – RM II reforms within the RMA ‘effects-based’ framework Least cost delivery of good environmental outcomes Reform programme progressing at different speeds Will continue beyond 2011 6

7. Status of key elements of Phase II reforms 7 WorkstreamScopeStatusRelevant Legislation Fresh Start for Freshwater Improved freshwater managementNPS and new funding announced Ongoing policy work LAWF process resumed Resource Management Act 1991 Environmental Protection Authority Establishment of environmental agency Crown entity from 1 July 2011Environmental Protection Authority Act 2011 AquacultureSustainable development and management of aquaculture within the coastal marine area The Bill passed its second reading on 17 May 2011. Aquaculture Legislation Amendment Bill (No 3) Urban and infrastructure Urban and infrastructure planning under RMA including spatial planning Policy process ongoing – decision due March 2012 May 2011 Cabinet paper available on MfE website Resource Management Act 1991 Local Government (Auckland) Act 2009 Exclusive Economic Zone Addresses gaps in the environmental management regime in the Exclusive Economic Zone (EEZ) and extended continental shelf (ECS). The Bill is currently being drafted and will be introduced into the House later in the year. New legislation

8. Urban and infrastructure Successful cities, regions need an efficient, effective and integrated planning system to support investment in infrastructure and development Scope of work includes: –Role of spatial planning and links to RMA –NPS Urban Development and addressing planning practice issues –Increasing central government direction in resource management, tools for addressing practice issues across urban planning, and improving the approvals processes for infrastructure projects 8

9. Other RMII work Collaborative processes Maori participation Conservation Act interface Building Act interface 9

10. Aquaculture  Support aquaculture to unleash economic potential Legislative, regulatory and non-regulatory reforms. The Aquaculture Amendment Act (No 3): –removes the requirement that aquaculture activities take place only within Aquaculture Management Areas –streamlines aquaculture planning and consenting processes –enables the Minister responsible for aquaculture to proactively allocate space for aquaculture –delivers the Treaty Settlement –manages the transition of existing / frozen applications 10

11. Exclusive Economic Zone  Manage environmental effects of activities in EEZ Covers seabed mining, some aspects of petroleum activities, energy generation, carbon capture and storage, marine farming, and bio-discovery General duty for adverse effects to be avoided, remedied, or mitigated Balance economic and environmental considerations in decision-making Use a rules and consents framework to regulate activities - activities will be classified as permitted, discretionary, or prohibited Consent applications will include an impact assessment statement identifying environmental impacts, and impacts on other interests Public submissions on consent applications Environmental Protection Authority responsibility for making consent decisions. 11

12.  Improve quality and allocation of water for better environmental and economic outcomes Phase 1: Land & Water Forum; Iwi leaders; Officials –53 recommendations to improve freshwater management –Government’s initial response: –National Policy Statement for Freshwater Management –Clean up Fund - NZ$265M total fund; including $15m in new contestable fund –Irrigation Fund - NZ$35M Phase 2: Further policy –Governance arrangements and supporting tools to set limits –Achieving freshwater objectives and limits –Allocating efficiently 12 Fresh Start for Fresh Water

13. Greater Central Government direction - National Policy Statements NPS for Renewable Electricity Generation NPS for Freshwater Management Proposed NPS on Indigenous Biodiversity 13

14. Freshwater Management NPS Forms part of wider RMII Reforms Took effect on 1 July Workshops held in July and August Implementation guidance being prepared 14

15. NPS for Renewable Electricity Generation Announced by Minister 12 April Two matters of national significance 90% electricity generation from renewable energy sources by 2025 Implementation guidance Monitoring evaluation & review Supporting measures 15

16. Proposed NPS for Indigenous Biodiversity Alternate Process Public consultation 29 January – 2 May 17 public consultation and council meetings 326 submissions Ministry preparing summary of submissions and advice for Minister Wai 262 16

17. Emissions Trading Scheme Review Required under Climate Change Response Act 2002 Review panel reported to the Minister in June Considered ETS’s operation, effectiveness and how it should evolve beyond 2012 Key recommendations to slow down entry of energy, transport, industrial and agricultural sectors 17

18. RMA Journeys with the EPA and MfE: What’s new? Rob Forlong Sue Powell Craig Mallett Glenn Wigley

19. RMLA – October 2011 RMA Implementation update

20. Presentation overview RMA Amendment Act (No.2) 2011 2010/11 Biennial survey Making Good decisions update Canterbury Earthquake update NES update 20

21. Resource Management Amendment Act (No 2) 2011 21

22. Resource Management Amendment Act (No 2) 2011 Originally part of the Aquaculture Legislation Amendment Bill (No 3) Section 12 - RMA discounts mandatory under s36AA of RMA –“(1) A local authority must provide a discount on an administrative charge imposed under section 36 as follows….” 22

23. Resource Management Amendment Act (No 2) 2011 Section 14 – From 12 Sept 2014 –RMA section 39B accreditation requirements are extended to reviews of consents, changes or cancellation or conditions, proposed policy statements and plans, and objections under section 357C 23

24. Resource Management Amendment Act (No 2) 2011 All persons on a panel or group that is making decisions are required to be accredited unless special circumstances apply that do not provide time for all persons to be accredited. 24

25. 2010/11 Biennial Survey summary Press releases last week To be discussed further tomorrow 25

26. Monitoring and Review Project Improve how we monitor RMA Increase understanding of implementation and effectiveness of RMA tools Support RMA policy processes Consistent and comparable information 26

27. Improve transparency of what is monitored and why Co-ordinate how/when info is collected Create efficiencies cross existing monitoring systems Help identify and fill gap in monitoring systems 27

28. Four year project Collaborative process, working with number of Councils, LGNZ and other government departments Stage 1 – Scoping Stage 2 – Design framework – 2012 Stage 3 – Implementation (2012-2014) 28

29. Making Good Decisions Update 29

30. Review MGD been in operation for 6 years Timely to review: –Course content –Effectiveness in meeting objectives –Identify areas for improvement in existing course design, structure, methodology 30

31. Participant experience Course is highly valued, and must keep going to ensure ongoing performance of RMA decision making Workbook is an enduring resource Some workshop aspects are difficult for some people, but overall process works for most Marking and feedback systems are not as good as they could be 31

32. Wider perceptions Most satisfied – are resource users, high confidence in the processes and reasonably happy with decision quality Least satisfied – iwi organisations – looking for increased understanding of Maori values Council officers conveyed positive views of Councillor upskilling 32

33. Main recommendations Workbook and course to be updated to have more detail for decisions on plans and policies Recertification for all every 3 years 33

34. Recertification to include special competency courses: –Maori resource management –Resource consenting decision making –Policy and Planning Decision-making –Chair’s responsibilities 34

35. Canterbury Earthquake Recovery Act 2011 35

36. Canterbury Earthquake Recovery Act 2011 Repealed and replaced the Canterbury Earthquake Response and Recovery Act 2010 –Savings provisions preserve the effect of relevant Orders In Council made under the 2010 Act) 36

37. Purposes include –Providing measures to ensure Christchurch, councils and communities respond to and recover –Enable a focused, timely, and expedited recovery –To facilitate, coordinate, and direct the planning, rebuilding, and recovery of affected communities 37

38. Applies to Applies only to “greater Christchurch” –Area covered by Christchurch City, Selwyn District, and Waimakariri District (including adjacent CMA) Set up CERA 38

39. Earthquake Recovery Minister powers include –Suspending, amending, or revoking RMA plans, consents and other plans or instruments applying to greater Christchurch (s8 and s27) –Directing councils or council organisations (s48) –Compulsory acquisition of land (subpart 4) 39

40. New, unique, planning framework Recovery Strategy: An overarching, long-term strategy for recovery and rebuilding, prepared by CERA. A coordination tool for recovery plans Recovery Plans: Plans to manage and direct recovery matters on a site specific or wider geographic basis – including any social, economic, cultural or environmental matter, or particular infrastructure, work or activity 40

41. CBD Recovery Plan: A mandatory Recovery plan prepared by the City Council applying to the CBD area within “the four avenues” (includes Hagley Park) 41

42. Orders in Councils can be made to grant exemptions from, modify, or extend any provision of 23 listed Acts (including the RMA, HPA and LGA) Review panel set up to provide advice Limited appeals: where available these are generally to High Court (including RMA related matters) 42

43. CERA has powers to: subdivide, re- subdivide, and amalgamate land without RMA provisions applying (s 43); erect, alter and demolish buildings (ss 38-41) 43

44. National Environmental Standards update 44

45. Proposed NES Contaminants in Soil District Council planning controls at time of land-use change Risk-derived health protection standards for range of land-uses and contaminants Local govt involved in working groups 45

46. What does the proposed NES mean for Councils? Require all 67 territorial authorities to give effect to and enforce its requirements following proper process in deciding on new resource consent applications having effective database systems in place to record, store and access site information 46

47. Plantation Forestry - Proposed Consistent rules (where appropriate) District and Regional Council rules Covers forestry specific activities and a number of generic activities Final recommendations to Cabinet next year 47

48. Water measuring devices Took effect 10 November 2010 Requirement to measure and report water abstractions Section 360 regulation, not NES Number of transitional timelines MfE/Irrigation NZ - guidance and certification / auditing schemes 48

49. NES Air quality - revised Revised NES effect from 1 June 2011 Review by TAG – fine particle component of the existing NES Compliance date, number of exceedances, implications of non- compliance Workshop on “Users Guide” underway 49

50. Updates on others Ecological flows – part of Land and Water Forum process – further decisions to come 50

52. Proposals of national significance Waterview Connection Tauhara II Geothermal Tauhara II - $1 billion - 8 months Waterview Connection - $2 billion - 9 months Wiri Men’s Prison - $424 million - 10 months Queenstown Airport - $40 million – referred to Environment Court Transmission Gully - $1 billion - notified King Salmon - lodged Resource Management (Simplifying and Streamlining) Amendment Act 2009 RMA Sections 140 -150AA – national consenting through the EPA

53. No Blanket Tree Protection Rules in Auckland Resource Management (Simplifying and Streamlining) Amendment Act 2009 RMA Sections 76 (4A) – rules must not prohibit or restrict tree felling or trimming

54. Proportion of resource consents processed on time Source: Resource Management Act Survey of Local Authorities 2010/11

55. Further Information Requests Percentage Resource Management (Simplifying and Streamlining) Amendment Act 2009 RMA Sections 92 – one request before submissions and one before hearings 0 10 20 30 40 50 1997/19981998/19991999/20002001/20022003/20042005/20062007/20082010/2011 Survey period Percentage of consent applications for which further information was requested (%)

56. Timeframe Extensions Source: Resource Management Act Survey of Local Authorities 2010/11 Resource Management (Simplifying and Streamlining) Amendment Act 2009 RMA Sections 37A – applicant must agree to timeframe extension

57. Proportion of Resource Consents Notified Source: Resource Management Act Survey of Local Authorities 2010/11 Resource Management (Simplifying and Streamlining) Amendment Act 2009 RMA Section 95A – removed presumption that resource consent must be notified

58. Changes to Maximum Fine Levels Resource Management (Simplifying and Streamlining) Amendment Act 2009 RMA Sections 339 – increased maximum fines and allowed review of resource consent

59. Direct Referrals to Environment Court Countdown Supermarket – Warkworth Wairoa District Council wastewater scheme Winstone Aggregates quarry – Auckland Lyttelton Port Company coal terminal (on hold) Mt Cass Windfarm Road Metals Quarry (Wards Road), Selwyn District Project Hurunui Windfarm (Hurunui District) Referral made Processed though to decision GrantedIn progress On hold Time from referral to decision 733316 months (supermarket) 9 months (wastewater plant) Resource Management (Simplifying and Streamlining) Amendment Act 2009 RMA Sections 87D – request for application to go directly to Environment Court

60. Trade Competition Resource Management (Simplifying and Streamlining) Amendment Act 2009 RMA Sections 308A – 308I – Act not to be used to oppose trade competitors V Food Stuffs (Wellington) Properties Ltd General Distributors Ltd (Progressive)

61. RMA Journeys with the EPA and MfE: What’s new? Rob Forlong Sue Powell Craig Mallett Glenn Wigley