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Resource Management: The Courts and the Environment - serious issues

Published: 04-08-2003 Author(s): Derek Nolan, Royden Somerville KC, Heather Ash, Thomas Bennion, Mark Cooper KC, Trevor Gould, David Kirkpatrick, Nicola Wheen Pages: 122
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Author(s): Derek Nolan, Royden Somerville KC, Heather Ash, Thomas Bennion, Mark Cooper KC, Trevor Gould, David Kirkpatrick, Nicola Wheen
Published: 4 August, 2003
Pages: 122
   

The amendments made in the recently enacted Resource Management Amendment Act 2003 (“Amendment Act”) have been a long time in the making. The original amendment bill dates back to 1999 and has been subject to much debate and undergone a number of changes since that time.

The Amendment Act received Royal Assent on 19 May 2003. The provisions relating to National Environmental Standards and National Policy Statements (ss 18-23) came into force on 20 May 2003 with the remainder of the Amendment Act coming into force on 1 August 2003.

The key changes contained in the Amendment Act since the presentation of the NZLS seminar in June 2002 include:
(a) additional provisions relating to National Environmental Standards;
(b) amendments to the definition of historic heritage;
(c) reintroduction of limited notification, but in a slightly different form from that originally proposed in the Resource Management Amendment Bill 1999;
(d) codification, in part, of the permitted baseline test.
(e) introduction of a transitional provision relating to the aquaculture moratorium.

These and the other main amendments are discussed below. Our overall assessment is that the Amendment Act is not particularly bold, but does contain a number of useful but modest improvements which should assist in streamlining RMA practice and procedures.

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