Improving the RMA

1
Improving the RMA

• Dave Brash
• General Manager
• Ministry for the Environment

2
Outline of presentation

• Overview of review
• Hearings proposals
• Non-local decision making

3
2004 Review

• Talk Environment Roadshows
• Central government leadership
• Whole of government approach
• Building on improvements

4
Review - objectives
gt
lt

• Increase certainty
• Reduce delays and costs
• Ensure consistency of processes
• Improve the quality of decisions

5
Review five key areas

• Expression of national interest
• Policy and plan formulation
• Consent decision making
• Improving consultation
• Allocation of natural resources

6
Balancing national and local interests

• National Policy Statements
• National Environmental Standards
• Whole of government submissions
• Non-local decision making

7
Wish Lists of Topics for NPS NES
Caveat Information on this slide is indicative
and for discussion only
8
Certainty of process for applicants and submitters

• Consultation
• Inquiry power
• Accreditation Making Good Decisions
• Environment Court
• Changes to further information requests

9
Policy and plan formulation

• Environment Court refers back to Council
• Strengthening of Regional Policy Statements
• policies and rules required
• objectives and anticipated environmental
  results optional

10
Allocation of natural resources

• Minister can direct councils to develop plans
• Complemented by work programmes e.g. Water
  Programme of Action
• Recognise investment
• Clarify resource consent allocation role
• Anti-gazumping
• Transfer of discharge consent

11
Improving consultation

• Information on iwi authorities
• Consultation procedure
• Joint management framework
• Clarify consent consultation

12
Pre-hearing

• Can require meetings
• Mediation
• Case management
• Sanctions for non-attendence
• Information requests
• Dead applications

13
Case management

• Simple/standard/complex tracks
• Exchanging evidence
• Striking vexatious submissions

14
Hearings management

• Panel to test evidence
• Proceedings management
• Strike out submitters abusing process
• Recording evidence

15
Accreditation and training

• Fairness and bias
• Decision maker versus advisor
• Questions and testing
• Ethical issues
• Treaty of Waitangi
• Drafting decisions and conditions

16
Environment Court

• Rehearing based on council decision
• New evidence with leave of court
• Defining issues and requiring reports
• Limiting scope of s274 parties
• Powers of commissioners sitting alone
• Refer plans back to council

17
Non-local decision making

• Applicant or council can request
• Consents, plan changes and requirements
• Minister to choose from menu
• Consult with councils

18
The Ministers menu

• Making a Crown submission
• Making resources available
• Appoint a project coordinator
• Appoint a person to hearing
• Require a joint hearing
• Modified the call-in

19
Call-in
Brrrring Brrrring!!!

• Independent board of inquiry
• Chair to be judge
• 3 5 members
• Special skills
• Produce draft report
• Appeals on points of law

20
Next steps with RMA proposals

• Accreditation
• Amendment bill
• Priorities for policy statements and standards