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New Zealand Coastal Policy Statement amendments to Policies 6 and 8 (PDF, 272K)
Summary
A targeted review of specific NZCPS policies in relation to the objective (of enabling priority activities while protecting the environment) was undertaken. Some changes were identified in that review that could be quickly implemented, would not require plan changes to have effect, and would carry very low legal risks. The Minister is proposing to progress those changes, with other findings of the review being progressed through the broader reform of the RMA.
The amendments covered in this Regulatory Impact Statement (RIS) were among a range of options considered as part of a targeted review undertaken by the Minister of Conservation. The range of options to be further considered was reduced by Ministers to fit with the intent that short term national direction work be limited to changes that would have immediate effect.
The specific options in this RIS were selected because they would:
- Help achieve government objectives for priority activities
- Have immediate effect (they do not rely on plans being changed)
- Use policy approaches that are straightforward and well tested
- Not risk unintended effects on other parts of the NZCPS or the creation of new legal risks for developers
- Be likely to easily transition to the new resource management system.
Policy 6: Activities in the coastal environment
The Port Otago court decision clarified that the policies in the NZCPS that identify the importance of certain types of activities in the coastal environment must be read alongside the protection policies. This can result in activities being able to proceed even if not all the specified effects can be avoided. Therefore, strengthening those activity policies could better enable priority activities, without needing to make complex changes to the protection policies.
In addition, some policies refer to activities that have a “functional need” to be in the coastal marine area (CMA). Some newer National Policy Statements (NPSs) refer to both “functional or operational need”, and similar provisions are proposed for the NPS for Infrastructure, the amended NPS Renewable Electricity Generation and the NPS Electricity Transmission. The national planning standards define these two concepts. The change from functional need to functional or operational need, would broaden the range of activities that could occur in the CMA.
Policy 8: Aquaculture
Two potential adjustments to Policy 8 are identified. The first is to include recognition of the potential environmental benefits of aquaculture, alongside economic, social and cultural benefits. The second is to provide direction in relation to how plans should address areas set aside under Māori commercial aquaculture settlement legislation.
Alternatives to regulation
Only changes to the NZCPS can adjust the existing policies and provide binding national direction. Regulatory changes do not preclude other useful work, such as mapping of nationally important values and spatial planning.