Resource Management Act

Gentians, Mount Cook National Park

The purpose of this Act is to promote the sustainable management of natural and physical resources. In preparing their policies and plans, the Act details those natural and heritage values councils must recognise and provide for.

Of importance for the Department are provisions in: Part II, section 6:
(a) The preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development;
(b) The protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development;
(c) The protection of areas dof significant indigenous vegetation and significant habitats of indigenous fauna;
(d) The maintenance and enhancement of public access to and along the coastal marine area, lakes and rivers;
(e) The relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga.

Part II, section 5:
(b) To safeguard the life-supporting capacity of air, water, soil and ecosystems;
and Part II, section 7:
(c) The maintenance and enhancement of amenity values;
(d) Intrinsic values of ecosystems;
(e) Recognition and protection of the heritage values of sites, buildings, places, or areas;
(h) The protection of the habitat of trout and salmon.

How can the Department contribute?

The Resource Management Act requires the Minister of Conservation to be consulted in the preparation of plans prepared by territorial and local authorities and regional councils. These plans must have regard to the relevant departmental Conservation Management Strategies. At conservancy level the Department liaises with the regional and district councils in the preparation of their plans.

The Department is able to make submissions in respect of regional policy statements, regional and district plans, and resource consents, to advise on the protection of natural and historic values and the sustainable management of natural and historic resources. The Department also becomes involved where planning provisions or consent applications affect land administered by the Department. In these cases the Department is identified as an "affected party" and is asked to give approval under section 94 of the Resource Managment Act. The Department may be asked to provide technical material or information regarding the effects on flora and fauna.

Mechanisms for protection

There are a variety of mechanisms under the Resource Management Act which can be used to provide for protection, as part of sustainable management of natural and historic values within the coastal marine area and on land:

• the Department, along with other people and organisations can make submissions, attend pre-hearing meetings and give evidence at hearings in respect of regional policy statements, regional and district plans, and resource consent applications;
• the Department may also appeal a decision by a council on a policy statement, plan, or resource consent to the Environment Court;
• designations, water conservation and heritage orders can be promoted by the Department to prevent activities occurring which could adversely affect natural and/ or historic values associated with a particular area.

When does the Department contribute?

The Department has responsibilities under the range of specific legislation it administers, including the Conservation Act, the Wildlife Act 1953, the Marine Reserves Act 1971, the Reserves Act 1977, the Wild Animal Control Act 1977, the Marine Mammals Protection Act 1978, the National Parkas Act 1980. This legislation provides a broad context for the Department’s advocacy using the processes in the Resource Management Act.

Submissions under the Resource Management Act 1991 are one of the tools the Department uses to fulfil its responsibilities as landowner on behalf of the Crown, and for the protection of wildlife and its habitats, marine mammals, freshwater fisheries, and to safeguard visitor experiences, and to implement the New Zealand Coastal Policy Statement and achieve sustainable management of the coastal marine area.

When plans are prepared by councils the process allows a range of views to be presented by making a submission which is then considered by the council’s hearing committee.  When the Department makes submissions on plans and consents there are three main drivers, to protect the interest in land the Department manages on behalf of the Crown, to ensure the NZ Coastal Policy Statement is properly interpreted and implemented through regional coastal plans, and to ensure that functions the Department has for the protection of matters such as wildlife and its habitats and fresh water fisheries are not compromised by poor provisions in planning documents.

In making a decision about whether or not to voice concern over a council’s planning provisions or resource consent decisions the Department takes into account a number of factors. These include:

• the effect on conservation values;
• whether it is appropriate for the Department to be involved;
• technical viability;
• internal process; and
• political considerations.

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