New Zealand Law: Resource Management Act 1991

Summary

The Resource Management Act 1991 (RMA) is New Zealand’s current legislation governing how people interact with natural resources. As well as managing air, soil, freshwater and the coastal marine area, the RMA regulates land use and the provision of infrastructure, which are integral components of our resource management system.

People can use natural resources, if doing so is allowed under the RMA or permitted by a resource consent. When an applicant applies for a resource consent, the “consent authority” must have regard to any relevant provisions of a national environmental standard or national policy statement such as the National Policy Statement on Freshwater Management. Thus, the Act supports decision-making in line with ecological principles if those relevant plans or national documents that contain them apply to the resource consent.

The RMA also requires consideration of important principles in Part 2 under sections 5-8. For example, all persons exercising functions and powers under the Act are required to recognize and provide for seven matters of national importance set out in section 6. This includes the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga. Section 7 sets out ‘other matters’ that those exercising functions and powers under the Act must also ‘have particular regard to. This includes kaitiakitanga (guardianship) and the ethic of stewardship. Ssection 8 directly relates to upholding Te Tiriti o Waitangi.

Impact Statement

Through part 2, consent authorities are required to consider the views of Māori in decision making, however, it has been found that decisions under the RMA haven’t consistently upheld such considerations of environmental outcomes or Māori under Te Tiriti/The treaty. This has led to the introduction of a new Natural and Built Environments Bill which hopes to replace the RMA.

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