1. Policy workstreams
Craig Mallett
Miriam Eagle

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

3. 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. RM reform is an ongoing programme
2009
2010
2011
2012
Phase I reforms
Implementation
Phase II reforms*
Phase II
New start for freshwater (Phase I)
Aquaculture
Environmental Protection Authority
Urban and infrastructure
Improving Māori participation
Exclusive Economic Zone
* Note other issues have also been grouped under RM Phase II

5. 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. Status of key elements of Phase II reforms
Workstream
Scope
Status
Relevant Legislation
Fresh Start for Freshwater
Improved freshwater management
NPS 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 2011
Environmental Protection Authority Act 2011
Aquaculture
Sustainable 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
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

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

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

13. 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. 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. 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. Emissions Trading Scheme Review
Required under Climate Change Response Act
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