From RMA (Resource Management Act) to NBA (Natural and Built Environments Act)

Minister for the Environment excludes quality as an outcome for the built environment

Key departure from the Randerson Report relevant for the Urban Environment

There are a multitude of areas and aspects in the proposed new legislation for the Environment that are relevant for Urban Design in New Zealand.  Some changes are positive and welcome such as the move towards an outcomes based legislation (as distinct from the predominantly effects based current RMA). However there are also a number of risks to achieving quality urban environments in Aotearoa New Zealand.

In the “Reforming the resource management system” cabinet paper released in February 2021, the minister states a departure from the Review Panel’s recommendations in proposing to exclude mention of “quality” for the built environment and urban design considerations from the NBA.

The UDF committee believes that the deliberate omission of quality for the built environment from the highest level of legislation is a key point for the Urban Design Community (and the wider design community as a whole) to debate and express a united view for, when the Exposure Draft is released for consultation.

“… 91 The Panel recommended listing as an outcome the ‘enhancement of features and characteristics that contribute to the quality of the built environment’. While it was not the Panel’s intention, I consider this inclusion could perpetuate subjective amenity values hindering development. This has therefore been removed from Appendix 1. 

92 However, I do recognise that urban design considerations contribute to well-functioning urban areas. These matters are more appropriately addressed at a lower level in the NBA, such as through the National Planning Framework…”  (Cabinet paper Feb 2021)

What is the change

In February this year, the government announced its proposal to repeal the Resource Management Act 1991 (RMA) and replace it with three new pieces of legislation, as part of the Resource Management system reform. The proposed new Acts are

• Natural and Built Environments Act (NBA)
• Strategic Planning Act (SPA)
• Climate Change Adaptation Act (CCA)

The Natural and Built Environments Act is proposed as the primary piece of legislation, effectively replacing the current RMA.
The Strategic Planning Act is proposed to provide for long term regional spatial strategies for land use and coastal marine areas.
The Climate Change Adaptation Act is to support New Zealand’s response to the effects of climate change in managing and funding retreat and adaptation.

Why 

The key issues with the current RMA are stated as not having adequately protected the environment nor having enabled development. In addition, key criticisms include that the current RMA:

• Entrenched subjective amenity values
• Contributed to rapidly increasing urban land prices
• Its processes take too long and cost too much

The Resource Management Reform proposal is largely based on the findings of the Independent Resource Management Review Panel who released their report in June 2020. This comprehensive report is called New Directions for Resource Management in New Zealand. It is also known as the Randerson report, as the Review Panel was led by Hon Tony Randerson, QC.

Objectives of the reform

The stated objectives for the reform, leading to the new legislation are, to

• protect and restore the environment and its capacity to provide for the wellbeing of present and future generations
• better enable development within natural environmental limits
• give proper recognition to the principles of Te Tiriti of Waitangi and provide greater recognition of te ao Māori including mātauranga Māori
• better prepare for adapting to climate change and risks from natural hazards, and better mitigate emissions contributing to climate change
• improve system efficiency and effectiveness, and reduce complexity while retaining appropriate local democratic input.

The exposure draft is expected to include

• The overall purpose and what it aims to achieve
• The Treaty clause
• The National Planning Framework
• Region-wide plans

Key opportunities stated for the new legislation

• Improve the quality of the natural environment
• Deliver well-functioning environments
• Simplify processes
• Improve outcomes for Maori

When

On 10 February 2021 a media release was made on the Ministry’s website with the following:

May 2021: An exposure draft of the proposed NBA is prepared

May-Sep 2021: A special select committee considers the exposure draft

December 2021: The NBA bill and the SPA bill are introduced to the Parliament to be considered by a standard select committee.

December 2022: NBA and SPA are passed into law.

(Revised since 10 Feb) December 2023: CCA is passed into law.

How (consultation)

According to the ministry’s website, the first opportunity for participation in the select committee processes is expected to begin in the middle of this year with the exposure draft of the Natural and Built Environments Act with more information to be provided closer to the time.

Source

Links to the original sources:

1. February Cabinet Paper: https://environment.govt.nz/assets/Publications/Cabinet-papers-briefings-and-minutes/cabinet-paper-reforming-the-resource-management-system_1.pdf
   Retrieved 15 April 2021

2. MfE Resource Management system reform page: https://environment.govt.nz/what-government-is-doing/areas-of-work/rma/resource-management-system-reform/
   Retrieved 15 April 2021

3. Earlier version of the above announcement (with timeline differences) was retrieved 16 February 2021 https://www.mfe.govt.nz/rma/resource-management-system-reform

4. Randerson Report: https://www.mfe.govt.nz/publications/rma/new-directions-resource-management-new-zealand

Ekin Sakin

I am one of the national committee members of the UDF. A NZ registered architect of over 10 years, I work in a leadership role in local government in Christchurch. I believe in cities for people.

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