Resource Management Act

The Resource Management Act 1991 (RMA)

The Resource Management Act (RMA) was enacted in New Zealand by the National Government in 1991. The RMA was significant because it integrated either partially or completely, 69 existing pieces of legislation into the one Act. This made planning and surveying in New Zealand significantly easier.

A significant component of the RMA was the introduction of sustainability, which was defined in section 5 (purpose) of the RMA.

Section 5 - Purpose

(1) The purpose of this Act is to promote the sustainable management of natural and physical resources.

(2) In this Act, sustainable management means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety while—

(a) Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and

(b) Safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and

(c) Avoiding, remedying, or mitigating any adverse effects of activities on the environment.

Unlike earlier legislation that required people to prove there was an affect, the Resource Management Act required the applicant to proof there was not an effect, and to mitigate any possible effects.

It is important to note that the extraction of minerals (for example oil, coal, gas and gravel) are generally dealt with under the Crown Minerals Act 1991, because the extraction of minerals cannot be undertaken in a sustainable way and therefore would be in contradiction to the RMA.

Also unique to the Resource Management Act was in the determination of sustainable management, Matters of National Importance, other matters of importance and the Treaty of Waitangi were all required to be considered.

Principles

Section 6 is list of matters of national importance that shall be 'recognised and provided for' in achieving the purpose of the RMA;

natural character of the coastal environment:

outstanding natural features and landscapes:

significant indigenous habitats and vegetation:

public access to waterbodies:

Maori culture, traditions, ancestral lands, water, sites, waahi tapu, and taonga:

historic heritage:

recognised customary activities.

Section 7 is list of matters that all decisions 'shall have particular regard to' in achieving the purpose of the RMA;

Kaitiakitanga:

stewardship:

efficient use and development of natural and physical resources:

efficiency of the end use of energy:

amenity values:

intrinsic values of ecosystems:

quality of the environment:

finite characteristics of natural and physical resources:

habitat of trout and salmon:

climate change:

renewable energy.

Under the Act, regional, city or district councils have to prepare Regional, city or District plans showing how they will manage the environment in their area.

For information on other Acts of Parliament, please click on one of the following Links

See How The Land Lies - Planning & Surveying in New Zealand

For more information or advice, please contact Kevin Small on kevin@seehowthelandlies.co.nz

Disclaimer

www.seehowthelandlies.co.nz is a website established by Kevin Small to provide general information on the surveying and planning process, and on land development. Nothing on this website constitutes legal or professional advice. If you have specific planning or surveying queries, you should take specific professional and legal advice for your project from a surveyor, planner and other relevant professional before taking any action, you are also welcome to contact me. Kevin Small takes every reasonable step to ensure the accuracy of the information on this website. However, Kevin Small accepts no liability for any loss or damage arising in any way from the use of this site.

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Kevin Small

Licensed Cadastral Surveyor and Resource Management Planner

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