Summary
In February 2021, the Government announced it would repeal and replace the RMA, based on the recommendations of the Resource Management Review Panel. The RMA (1991) has not delivered on its desired environmental or development outcomes, nor have RMA decisions consistently given effect to the principles of Te Tiriti o Waitangi/the Treaty of Waitangi (Te Tiriti/The Treaty). In its place, three new proposed Acts will replace it. The proposed Natural and Built Environments Act (NBA) is intended to be the primary piece of legislation to replace the RMA.
Like the RMA, the National and Built Environments Act will be an integrated statute for land use and environmental protection. The draft Act is premised on the principle of Te Oranga o te Taiao which is essentially two-fold; to protect and enhance the natural environment; and enable people and communities to use the environment in a way that supports present and future generations. Te Oranga o te Taiao recognizes the interconnectedness of all parts of the natural environment and the essential relationship between the health of the natural environment and its capacity to sustain all life.
A key part of the Act is the introduction of environmental outcomes and limits:
The outcomes are similar in nature to sections 6 and 7 of the old RMA, however, a Māori worldview is incorporated more strongly than in the original RMA. This could have a significant effect on the approach of environmental decision-making, particularly in the way the Māori worldview takes on a spiritual, personified approach to the natural environment. For example, the outcome that “the mana and mauri of the natural environment are protected and restored” recognizes the natural environment is a living thing with a “life force.” The introduction of environmental limits or “bottom lines” is another important part of this proposed Act, which prescribes determined limits for air, biodiversity, habitats, and ecosystems, coastal waters, estuaries, freshwater and soil. This prioritizes a consistent approach and greater protection of the environment.
Related Initiatives
Suggested Citation:
Kauffman, Craig, Catherine Haas, Alex Putzer, Shrishtee Bajpai, Kelsey Leonard, Elizabeth Macpherson, Pamela Martin, Alessandro Pelizzon & Linda Sheehan. Eco Jurisprudence Monitor. V2. 2025. Distributed by the Eco Jurisprudence Monitor.https://ecojurisprudence.org/initiatives/new-zealand-draft-natural-and-built-environments-bill/.
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