The Resource Management Act, 1991 is the principal statute in force in New Zealand for the management of natural and physical resources. It covers land, subdivision, water, soil resources, the coast and air, and pollution control including noise. Management decisions under the Act are based on consideration of the effects of the activity, rather than the activity itself.

This supersedes previous law concerned with natural and physical resources such as the Water and Soil Conservation Act, 1967. It promotes the sustainable management of such resources, encompassing the ideas of use, development and protection. Sustainable management is defined in the Act as:

• managing resources in such a way or at a rate which enables people and communities to provide for their well-being while sustaining the potential of resources to meet the reasonably foreseeable needs of future generations
• safeguarding the life-supporting capacity of air, water, soil and ecosystems
• avoiding, remedying or mitigating adverse effects

The Act is set out in 15 parts. Minerals are excluded from the Resource Management Act thus enabling the extractive industries and activities, which deal principally with non-renewable and non-sustainable resources, to be dealt with under separate legislation such as the Crown Minerals Act.

The definitions of "environment" and "effect" in the Act are:

Environment is defined (s.2) to include:

• ecosystems and their constituent parts, including people and communities
• all natural and physical resources
• amenity values, and social, economic, aesthetic and cultural conditions which affect these or are affected by these.

Effect is defined (s.3) to include:

• any positive or adverse effect
• any temporary or permanent effect
• any past, present or future effect
• any cumulative effect
• any potential effect of high probability
• any potential effect of low probability but high potential impact

The Act, with some exceptions, binds the Crown.

Part II (ss.5-8) commences with the over-riding principles of sustainable management of natural and physical resources. These principles apply to every part of the Act, and persons exercising powers under the Act are required to ensure that this purpose is realised.

S.6 sets out several "matters of national importance" which have to be recognised and provided for in achieving the purposes of the Act, and there is a list of "other matters" in s.7 which those exercising functions and powers under the Act are required to have particular regard for. Included in this list is the important item of "kaitiakitanga", i.e. "guardianship, trusteeship or stewardship". The precise definition, purpose, scope, field of application and degree of importance of each of these matters will become clear with the development of case law.

Part II includes a reminder for those who exercise powers and functions under the Act of their duty with respect to the Treaty of Waitangi.

Part III (ss.9-23) applies to all members of the public. The presumptions relating to the use of land and resources are quite different to previous legislation. It is now presumed that:

• an owner can proceed with an activity unless a plan or the legislation puts a limit on that activity
• uses of public resources (e.g. water or coastal space) are not lawful unless sanctioned by legislation, a plan, or a resource consent

The various sections of Part III cover duties and restrictions in relation to the use and subdivision of land; the use of the coastal marine area, river and lake beds; the use of water; discharge of contaminants; and avoidance of unreasonable noise. There is an important duty expressed in s.17, which is to avoid, remedy or mitigate any adverse effects of an activity.

Part IV (ss.24-42) sets out the functions, powers and duties of the Minister for the Environment, the Minister of Conservation and regional and territorial councils.

There are three new methods whereby central government can influence the operation of resource management. These are:

• statements of national policy
• opportunities for the Minister for the Environment to "call in" a proposal which raises matters of national significance which require a decision at national level
• the setting of national environmental standards by regulation for noise, contaminants, water, soil and air quality

Functions of Regional Councils (S.31)

Functions of local authorities include the management of water, soil, geothermal resources, pollution control, land use, natural hazards and hazardous substances.

S.32 contains the important requirement for those in authority to identify the most efficient and effective ways to carry out their functions. Options and alternatives for achieving the objectives of the Act are to be considered, by way of cost-benefit analysis if necessary, in recognition of the fact that there may be a number of ways in which resource management outcomes may be achieved.

Part V (ss.43 to 86) deals with standards, policy statements and plans for the management of resources. These are the means that provide the basis for the rules that people are expected to meet. These plans and statements are required to focus on the effects of development, rather than the regulation of activities. Regional coastal plans are required to be developed to deal specifically with the allocation and use of coastal space.

There is a hierarchy established in the Act which determines the relative status of each of the policy statements and plans described.

The first two sections (ss.43 and 44) establish the means whereby national environmental standards relating to noise; contaminants; water quality, level or flow; air quality and soil quality in relation to the discharge of contaminants can be set.

The next sections (ss.45 to 55) outline the preparation of national policy statements, which are designed to cover matters of national importance. Local authorities (i.e. regional and territorial councils) must recognise national policy statements, to the extent of removing any inconsistencies or conflicts with national policy statements from their own regional or district plans. The New Zealand coastal policy statement is the first national policy statement to be prepared.

Each regional council is required to produce a regional policy statement which will provide the basis for integrated management of the resources in its region. The manner and content of these statements are defined in the first two schedules to the Act. Most regional councils had produced draft Regional Policy Statements for discussion by 1 October 1993.

Regional plans, which focus on specific resources or issues, and which contain detailed policies and associated rules, help regional councils to carry out their functions. However, regional plans are not mandatory, unlike district plans.

District plans, prepared by the local territorial authority, are required to be consistent with national policy statements, New Zealand coastal policy statements, water conservation orders and regional policy statements or plans. District plans can include rules, which may prohibit, regulate or allow activities in order to avoid, remedy or mitigate effects.

The first schedule to the Act sets out a standard process for the presentation of plans and regional policy statements. The second schedule provides guidance on the matters to be dealt with. Plans and regional policy statements must be reviewed at a maximum of 10 yearly intervals. Any person may seek a change to a district or regional plan, but only central, regional or territorial governments may seek a change to a regional policy statement.

Resource consents may be needed to manage the effects of different activities. A number of types exist:

• land use consents
• subdivision consents
• coastal permit
• water permit
• discharge permit

Consents are required in two instances:

• where an activity contravenes the restrictions outlined in Part III
• where the plan requires that a consent be sought

For the purpose of consents, the Act classifies activities into the following categories:

• Permitted activities where the plan or Act states that no consent is required
• Controlled activities where there is an entitlement to the granting of the consent, subject only to consideration of conditions which are specified in the plan
• Discretionary activities where the plan or Act specifies that consent is required subject to the full discretion of the council, which discretion will be exercised in accordance with criteria laid down in the plan
• Non-complying activities where an activity contravenes a plan but is not prohibited
• Prohibited activities which are expressly prohibited by the plan and for which no consent may be sought

The Act sets out one standard process for obtaining a consent, which allows for applications, notification of applications, submissions, pre-hearing meetings, hearings, decisions and appeals (ss.88 to 121). A summary of the process is shown in Figure 1, which may be used as a preliminary guide to the actions to be taken to obtain a consent for a project.

Consents remain in force for a maximum of 35 years, except for land use consents, reclamations and subdivisions, which are unlimited. Consents must be taken or used within 2 years of the date of commencement of the consent, unless an extension is obtained. The conditions of consent may be reviewed in accordance with a process which is laid down (ss.128 to 133). Certain consents such as land use and subdivision consents and water permits are transferable under particular rules and conditions (ss.134 to 138).

Sections 140 to 150 deal with the process of the Minister for the Environment "calling in" an application for an activity which has, among other things, national significance, or which has aroused widespread public concern, or which may have a significant effect on the environment (local or global). A full list of criteria to determine such matters is outlined in s.140. The process allows for the establishment of a Board of Inquiry to consider the application, and assist the Minister to arrive at a decision, which can be subject to appeal.

Coastal tendering is a means whereby the Crown is able to choose between competing applicants for the same coastal space. It also enables the maximum financial return to be obtained for the occupation, use or extraction of material in the coastal marine area. Sections 151 to 165 set out the procedures.

Designations in district plans provide for public works and certain types of network activities (e.g. telecommunication lines and pipelines). Only a "requiring authority" as defined in the Act can apply for a designation. A designation provides land use consent for the activity, restricts the kinds of activity permissible within the area of work, and provides the means for a network utility operator to enter the process of compulsory acquisition.

A designation operates in a district plan like a rule, i.e. it allows the requiring authority to do anything that is consistent with the designation, and everybody else must get the permission of the requiring authority to do anything which may affect the public work within the designation area. The provisions in this Part of the Act make it easier for landowners to obtain compensation, and also enable landowners to force the requiring authority to acquire the land if the designation adversely affects its market value.

Heritage protection orders are a new system for protecting important landscape features and places of national or historical interest. The system is similar to that for designations, and the effect within the district plan is essentially the same. Only heritage protection authorities can issue heritage protection orders. These are Ministers of the Crown, local authorities, and bodies corporate approved by the Minister for the Environment.

Water conservation orders are a means whereby water bodies of outstanding natural amenity or intrinsic value may be recognised or sustained. They cover rivers, lakes, streams, ponds, wetlands, geothermal waters or aquifers. Any person may apply to the Minister for the Environment for such an order, and must apply by addressing a number of matters specified in s.201. Once a water conservation order is established it has several effects which relate to restrictions or prohibitions on discharges, flows, levels, allocation, contaminant loading and temperature.

The Act deals with the assessment of effects of subdivisions and development, and replaces the provisions of the Local Government Act in this respect. The definition of subdivision has been widened to increase cross-leases, company leases and unit titles.

Subdivisions are subject to district plans like any other land use, and will require a subdivision consent where they are not permitted activities. Scheme plans of subdivisions are no longer required, although a survey plan, which must be certified by the local authority as complying with the subdivision consent, is still necessary for the purpose of title registration. The standard process for obtaining a consent described in Part VI applies, but some additional provisions for a subdivision consent are required (s.220), mainly concerned with practical matters related site development, easements, ownership and amalgamation.

A new provision for a consent notice (s.221) allows for conditions to be recorded against the certificate of title. Subdivision consents for cross-leased or company leased properties will not be granted unless a building permit or consent has been obtained for the building to which the subdivision relates.

When land is subdivided an esplanade reserve is taken by the local authority alongside all rivers (more than three metres wide), lakes (of more than eight hectares), and the coast (ss.229 to 237).

Reclamations, in accordance with a coastal permit, require a plan of survey in a similar manner to a subdivision, and similar provisions also apply for esplanade reserves in relation to reclamations alongside water bodies.

Sections 247 to 308 of the Act cover the constitution, procedures and powers of the Planning Tribunal.

This part of the Act provides for indidivudals to be able to take a more direct role in enforcement proceedings. Enforcement takes place by way of declarations, abatement notices, and enforcement orders. The aim is to balance the greater flexibility in the Act with prompt remedies when environmental damage is occurring.

The Hazards Control Commission for the management of hazardous substances and new organisms is established by this Part of the Act. However, the intention is for this Part to be removed once more comprehensive legislation is enacted. The Hazardous Substances and New Organisms Act, 1996 provides for the establishment of the Environmental Risk Management Authority (ERMA). Thus, part XIII of the Resource Management Act will probably eventually be repealed.

This covers a number of miscellaneous matters related to Maori land, existing Crown rights to resources, arbitration, rights of objection, and the Crown's powers to make regulations.

This Part deals with the means of ensuring a smooth transition from the earlier legislation to the present. It has been necessary to recognise the operation of previous statutory instruments and the rights of existing users which derive from the previous legislation. This Part clarifies the status of existing permissions and outlines the effect of the Act on existing schemes and consents.

There are nine schedules to the Act which contain a range of detailed information. Of these only two are of direct relevance to environmental practice in engineering.

This schedule sets out the standards of water quality for a number of classes of receiving waters. Receiving waters are categorised in terms of their use.

This schedule is most important for those involved in environmental effects assessments of projects. It sets out the matters that should be included, and also those matters which should be considered, in any assessment of effects on the environment. It thus provides a valuable guide to the format of an effects assessment report, and assists with determining the issues and actions which ought to be addressed and undertaken during the course of the work.

Note that all of the matters outlined in the Fourth Schedule are subject to the provisions of any policy statement or plan which may apply to any activity or location in question. Early consultation with the relevant regional or territorial authority on its requirements for assessment when dealing with a consent application is essential.