Top 5 things that your business can do now to get ready for the upcoming environmental law reform process

Introduction

The government has announced that the RMA will be repealed.  Although visible progress is slow at present, the intention is that the RMA will be replaced by the end of the current Parliamentary term.   Two statues will then take the place of one, being the Natural and Built Environments Act and the Spatial Planning Act, along with the addition of a new Climate Adaption Act.

Although the timeframe is not yet clear, the new legislation is expected to be consulted on later this year.  The RMA governs the subdivision and development of land, where and how land can be used for residential, commercial, industrial or rural businesses, the use of our coastal marine area, whether manufacturing or industry can use water or discharge pollutants to land, air or water and how infrastructure providers can provide essential infrastructure such as electricity generation,  highways, water supply, wastewater treatment or stormwater management, schools, hospitals, courts, prisons.  What emerges from that process will therefore affect how many businesses can operate, and also how New Zealanders live, work, and play.  If you want to engage effectively in the upcoming process, then it is important to get ready now.

1.     Do your homework

If you want to get up to speed with the policy direction proposed by Central government, here is our pick of the top three documents to read (warning – bullet points one and two are lengthy):

• The “Randerson Report” – “New Directions for Resource Management in New Zealand is a comprehensive review of New Zealand’s resource management system”. This is the most comprehensive source of environmental policy.  It can be found here.
• The Select Committee Report on the exposure draft. It can be found here.
• The Ministry for the Environment’s “Our future resource management system”. This summary consultation document was used to consult with key stakeholders earlier in the year and can be found here.

2.     Understand the challenges and opportunities your business

 What happens at the national level can make a big difference to development projects.  For example,  development projects around the country have recently come unstuck due to national level wetland rules that have made certain types of developments affecting wetlands much harder (or impossible).  There is long-term strategic value in seeking to ensure that environmental legislation and high-level policy supports your future projects.

Many developers, resource users and infrastructure providers who regularly participate in resource management processes will already have a good sense of the environmental challenges faced by their operations.  However, if these are new issues for your business, then there is no time like the present for considering the long-term aspirations and directions for your business and how these might be constrained by the environmental management regime.

3.     Get your team together

For your business to make a compelling submission that persuades decision-makers you may require  expert technical advice (for example stormwater engineers, traffic engineers, air or water discharge experts, ecologists, urban designers, development economists or planners).

Many experts have already been seconded to help with policy and legislation formulation, reducing the pool available to assist private enterprises.  With intensification plan changes in major cities also scheduled to commence in August 2022, the last quarter of this year is likely to be a very busy time for experts.  So, get ahead of the queue and assemble your team early.

4.     Engage with industry representatives

The issues facing your business are most likely shared by others in your industry.  Some industry bodies will take on an advocacy role for their members through the upcoming Select Committee process.  Now is a good time to engage with industry representatives to ensure they have a good idea of the  challenges faced by your business and that they can effectively advocate for your industry.

Taking this step does not stop you from making your own submission, but it will help decision-makers  understand that issues are faced collectively across your industry.

5.     Plan for the Select Committee process

Parliament will likely come under pressure to pass the RMA replacement legislation before the end of this term.  Based on the legislative process enabling intensification (see here for more detail) the environmental reform process may well take place under urgency.

Our view is that, notwithstanding the high significance of the reforms, the submission period and the Select Committee process is likely to be truncated.  So, be prepared.  Make sure that you and your team are aware of this possibility and plan to have resourcing available, so you are not caught short later in the year.

 We recommend that you also keep in mind that unless you are identified as a key stakeholder (typically these are iwi, councils, Government departments or national level environmental organisations) you will only have five minutes to present your case before the Select Committee.  If you are not engaging a lawyer or another advocate to make those submissions on your behalf, then practice your elevator pitch.  You will want this to be as strong as possible on the key issues affecting your business.

If you require assistance understanding the implications of the upcoming environmental law reform on your business or property or need help preparing for the Select Committee process then please contact contact Joanna Beresford, Partner, Environmental Law, joanna@beresfordlaw.co.nz  +64 21 114 1277.

 Disclaimer. The information in this article is intended to provide a summary of the topic covered and is for general information only.  It is provided without charge, is not comprehensive, and does not provide legal advice or other advice.  Please seek independent advice before acting on any information in this article.