The following section summarises the main points in the current legislation in New Zealand governing the use of natural and physical resources.

The legislation relevant for engineers is:

• The Resource Management Act, 1991, and subsequent Amendments
• The Crown Minerals Act, 1991
• The Building Act, 1991
• The Hazardous Substances & New Organisms Act, 1996

and Regulations pursuant to these Acts.

The content of the Resource Management Act is summarised in detail in Appendix 3. Various publications from the Ministry for the Environment will also assist with interpreting and understanding this Act, and these should also be referred to.

The key points of relevance to engineers are as follows:

• The Act is concerned with the effects of activities rather than the activities themselves.
• Definitions of "the environment" and "effects" must be clearly understood (Part I).
• Sustainable management of natural and physical resources is an over-riding principle (Part II). Integral with this principle is the concept of "kaitiakitanga" - guardianship or stewardship.
• The Act is specific about the duties and restrictions of all individuals, in the use of public resources and the creation of a nuisance (Part III). There is an expressed responsibility to avoid, remedy, or mitigate any adverse effects of an activity.
• The responsibilities of central government and territorial authorities related to the administration of the Act, and the standards, policy statements and plans for control of activities, are defined (Parts IV and V).
• Resource consents are the mechanism whereby approval of any activity is obtained. Types of consents and the classification of activities are defined (Part VI). Figure 2.1 illustrates the resource consent process.
• Where there is competition for the use of coastal space and resources, a mechanism is laid down for the Crown to choose between competing applicants (Part VII).
• Designations for public works and certain types of utility network activities may now be obtained only by a "requiring authority". Designations allow the requiring authority to undertake anything that is consistent with the designation (Part VIII).
• Protection of important landscape features and places of national or local significance or which are significant to the tangata whenua, is provided by way of heritage protection orders (Part VIII).
• Water bodies of outstanding natural amenity or intrinsic value are recognised or sustained by water conservation orders (Part IX).
• Subdivisions, reclamations and esplanade reserves, are subject to district plans and require a subdivision consent. The old scheme plan approach to subdivision has been replaced. Provisions for registration of land title are retained in a simplified form. Requirements for survey plans and the provisions related to reclamations need to be noted (Part X).
• Various regulatory control mechanisms have been incorporated (Parts XI and XIV):

• The Planning Tribunal and its functions (now known as the Environmental Court)
• Declarations, Enforcement and Ancillary Powers (declarations, enforcement orders, abatement notices, excessive noise, water shortage, emergency works, powers of entry and search, return of property, offences and liabilities)
• Hazards Control Commission
• Miscellaneous provisions (Maori Land, Crown rights to reserves, arbitration, rights of objection, Crown's power to make regulations)

• Provision to cover the transition from the previous legislative approach and requirements to this Act are set out (Part XV)
• Of the nine schedules to the Act, those of special significance to engineers are as follows:

• Schedule 3 Water Quality Classes
• Schedule 4 Assessment of Effects on the Environment

The Crown Minerals Act, 1991 deals with all types of minerals which come under the definition of mineral in the Act. Minerals are defined as:

The Act deals with minerals owned by the Crown, and not those in private ownership. In the context of the Act all petroleum, gold, silver and uranium existing in their natural condition in or on land (whether or not the land has been alienated from the Crown) belongs to the Crown.

Anyone wishing to undertake a mining operation for minerals must obtain a number of permits and consents generally in the following order:

• a mineral permit from the Crown as mineral owner
• access agreements from affected landowners
• resource consents under the Resource Management Act

Mineral permits may be obtained before access and resource consents, but cannot be used until these agreements and consents have been granted.

For a detailed summary of the Crown Minerals Act, refer to the paper by B Reilly of the Ministry of Commerce, published in New Zealand Mining, April 1992, and to the Ministry's Guide to the Crown Minerals Act, 1991.

The Building Act, 1991 and the Building Regulations, 1992 replace a multitude of former Acts, regulations and by-laws. Together they provide a performance-based building control system which:

• applies to the construction, alteration, demolition and maintenance of all buildings
• has uniform application nationally
• takes account of environmental costs and benefits
• introduces the New Zealand Building Code
• safeguards the health, safety and amenity interest of people
• protects other property from damage
• facilitates efficient use of energy

The system also aims to minimise administration delays and be flexible in its application. The Building Act does not regulate standards of convenience or appearance nor does it safeguard capital investment. These are the responsibility of the owner.

Territorial authorities continue to perform an administrative, enforcement and information role and are responsible for issuing building consents. The Building Industry Authority, which is established under the Act, is responsible for monitoring Councils' performance, managing the building control system, determining building control problems or disputes, and issuing "approved documents".

Councils issue "project information memoranda" which tell the owner:

• relevant information about the land (e.g. flooding information, slippage, subsidence, the presence of hazardous contaminants, location of services), but only to the extent known by the Council
• any requirement relating to other legislation (e.g. the Resource Management Act or the Health and Safety in Employment Act) which must be satisfied before work commences

Councils also issue building consents. These are consents for work to be carried out in accordance with approved plans and specifications. These consents replace the building permits or plumbing and drainage permits obtained under previous legislation. The Building Act does not alter the laws regarding electrical, plumbing, gasfitting or drainage work to be done by appropriately registered people.

In terms of the relationship between the Building Act and the Resource Management Act, two general questions may be asked when a decision is made to erect a building:

• can a building be erected on the site?
• if so, how should it be built?

The Resource Management Act answers the first question, and the Building Act the second. Thus, in the normal course of events, a land use consent would first be obtained as a primary requirement, followed by a building consent.

The Hazardous Substances and New Organisms Act became law on the 10 June 1996. However, most Parts of the Act will not come into force for at least a year, possibly longer. Until then existing laws and all their regulations will continue in force. The relevant laws are:

• Dangerous Goods Act, 1974
• Explosives Act, 1957
• Toxic Substances Act, 1979
• Pesticides Act, 1979

The staged enforcement of the Act is to allow for:

• Development of regulations to make the Act work
• Setting up the Environmental Risk Management Authority (ERMA) as the enforcement body
• Developing the methodology used for assessing hazardous substances and new organisms

The key areas to be covered by the regulations are:

• Defining what is (and what is not) a hazardous substance and classifying substances according to the hazard (section 74)
• Setting the direct controls on each hazard, e.g. acceptable levels of human exposure and requirements to stop a hazard occurring (section 75)
• Specifying requirements for hazardous substances control systems. These are requirements for:

• packages, including strength, resistance to contents, closures etc.
• containers, including fixed tanks, truck and rail tank wagons
• identification such as labels and datasheets
• conditions to be met when disposing of a substance
• emergency management systems, such as first aid information or fire fighting equipment
• tracking systems for highly hazardous substances, such as high explosives
• knowledge and skills to be required of persons who will be handling highly hazardous substances (section 76)

• Setting limits on what is a genetically modified organism (section 140 (1) (a) and (b))
• Specifying methods to assess the level of risk from various types of genetically modified organisms development (section 41)
• Specifying risk species of new organism - links to the Biosecurity Act (section 140 (1) (h))
• Controls on compressed gases (gas cylinders) (section 140 (1) (c))
• Methods for quantity estimation (section 140 (1) (d))
• Requirements for laboratories handling substances otherwise exempt from the legislation (section 140 (1) (g))
• Special requirements for fireworks available to the public, e.g. for Guy Fawkes Day (section 140 (1) (r))
• Qualifications of enforcement officers and test certifiers (section 140 (1) (g))
• Forms and documentation (section 140 (1) (m))

The Environmental Risk Management Authority will be responsible for a number of tasks, including:

• assessing hazardous substances and new organisms
• advising the Minister for the Environment on the control of hazardous substances and new organisms (including regulations)
• ensuring the compliance procedures (such as inspections, audits, and prosecutions) are working properly
• undertaking the transfer of existing hazardous substances and new organisms to the new controls.