Benson-Pope David: Resource Management and Electricity Legislation Amendment Bill — Second Reading Instruction to Committee In Committee 
Benson-Pope David: Resource Management and Electricity Legislation Amendment Bill — Second Reading Instruction to Committee In Committee 
[Volume:627;Page:22272] 
Hon DAVID BENSON-POPE (Associate Minister for the Environment 
 on behalf of the  
Minister for the Environment: 
 I move  
That the Resource Management and Electricity Legislation Amendment Bill be now read a second time 
. The amendments in the bill will be the biggest change to the Resource Management Act since 1991. The key objectives are to increase certainty reduce delays and costs and ensure consistency of process. The amendments are evolutionary improvements rather than revolutionary. They are about finding practical solutions to make the Act work better. Importantly the amendments do not affect the Act’s fundamental principles of strong environmental protection local decision-making and public participation. Rather the bill focuses on ways to improve the quality of decisions and processes. It includes measures to increase certainty and to reduce delay cost and the abuse of process. As Michael Barnett the CEO of the Auckland chamber of commerce noted after surveying 350 of its members: “The issue with the Resource Management Act is not so much the contents of the Act preventing development proceeding but how it is administered by local authorities.” 
The bill forms part of a wider package of reform which includes improvements to legislation practice and resources. We know this package is already having a real impact. According to a 2004 Business New Zealand - KPMG compliance cost survey average total environment-related compliance costs have decreased by almost 40 percent between 2003 and 2004 from $12930 in that first year to $7860 in 2004. KPMG attributed the reduced cost to improved implementation of the Act by local authorities and to increased resources for the Environment Court since 2001. Delays in appeals to the Environment Court have been slashed by more than half since 2001 due to a substantial boost in funding and a new system for managing the caseload. The Ministry for the Environment is taking on a greater role in helping local government to develop knowledge and practice. That includes enhancing the ministry’s best-practice programme and targeted one-on-one assistance for specific councils. 
The Government understands that making the Act work is about achieving better administration of the Act. That relies on input from local and central government developers and the community. The process for the review built on that. Extensive discussions were held with local government industry environmental organisations and the wider community over an 18-month period. That process was very different from previous reviews of the Act and Local Government New Zealand has described it as: “an exemplary collaborative exercise.” I will contrast Labour’s approach to working with the local government and business sector successfully with that of National. It is only a week ago now since National Party leader Dr Brash had to lead Nick Smith back to apologise to local government representatives after a typically boorish attack by Mr Smith at a social gathering at the Local Government New Zealand conference. Though few people would actually consider being described as a traitor to the National Party to be any kind of insult at all Mr Smith’s uncontrolled outburst has offended and angered many in the sector. 
This bill is about achieving the right balance between local and national interests. It enables greater use of national policy statements and national environmental standards by reinforcing their role and status under the Act. National policy statements and national environmental standards will give clear national direction and will provide certainty and consistency for communities and developers. The review of the Act highlighted that some decisions need to be dealt with at a national level or with assistance from central government. The bill provides more tools in that area including the ability to make Crown submissions appoint a member of a hearings panel and direct councils to consider matters jointly. Those options are decided in consultation with local authorities from a menu of options that will ensure that central government can play a more effective role in matters that may have national significance. The bill also provides more powers for the Minister for the Environment to ensure local authorities are addressing their functions and duties under the Act. 
The Government has signalled its intention to take a stronger leadership role in implementing and supporting the Act. However that will not be at the expense of local decision-making. We have rejected the calls of a few extreme voices that want to see the Act ripped apart for the sake of unfettered development. Quite frankly that is neither sensible or necessary—nor is it what even the business community has asked us to do. The Government is committed to good local decision-making. Dr Brash says there is too much decision making in the hands of local communities and their councils. Developers should be able to bypass local community decision-making and there should be less recognition according to National of those affected by environmental effects in favour of recognising those who produce them. Silencing communities is after all becoming a theme in National’s election promises. Labour’s bill rightly shakes up the decision making under the Act. It sets accreditation standards for local decision-makers and it gives them powers to make first-instance hearings more effective and robust. The bill improves the design and process for local policy-making. Changes to the requirements for plans mean they will be streamlined and easier to understand. Other changes give greater status to regional policy statements and therefore enable more integrated and strategic planning across and between districts and regions. 
 The bill clarifies consultation requirements and promotes better consultation with tangata whenua during the development of plans and policy statements. In terms of resource consents iwi will have the same opportunity to participate as any other person or party affected by an activity. The bill provides a framework for local authorities to enter into joint management agreements with public bodies and iwi. That is aimed at encouraging success stories such as the partnerships that councils have established with Ngati Tuwharetoa Te Arawa and Ngati Whatua. Other key changes clarify regional council functions under the bill in respect of contaminated land the integration of infrastructure with land use and the allocation of natural resources. 
The bill had the benefit of a robust select committee process and I thank the Local Government and Environment Committee for all the hard work it put into the bill. My colleagues will talk more about that process. The Government heard submissions from all sections of the community and as a result it has recommended a number of changes. Those changes are consistent with the principles of the review and the original policy intention. The select committee process has also highlighted that many of the criticisms of the court are outdated. The court is taking steps to minimise costs and delays. It does not conduct every appeal on a full de novo basis and it tailors the process to the circumstances of each case. 
The bill also amends the Electricity Act 1992 by extending the existing rights of operators in terms of works relating to roads and level crossings. The bill extends those rights to high voltage works but not to above-ground structures such as poles or towers. 
A Supplementary Order Paper will be tabled today containing several amendments that the Government wishes to make to the bill. Most of the amendments are technical in nature and seek to clarify wording or to improve the workability of the bill as a result of changes recommended by the select committee. However there are six more substantive amendments. First it is proposed that the bill be amended to include a clear statement that consent authorities must consider the value of existing investment when considering applications for a new consent to replace an existing consent on its expiry. That was part of the Government’s original policy and it will encourage maintenance of and long-term investment in existing infrastructure. Second the bill as reported back creates confusion about the content of the iwi register and the process for its development. The Supplementary Order Paper includes changes that clarify when local authorities should include details of hapu on the register. There is also material relating to the national policy statements and the New Zealand coastal policy statement and an amendment to the ministerial powers to intervene in matters of national significance in the coastal marine area. Finally there are two technical amendments proposed to resolve issues that have arisen out of the aquaculture reform and foreshore and seabed legislation. The current wording requires regional councils to carry out a full review of regional policy statements. That requirement is being somewhat softened. 
Labour is committed to having a clean and healthy environment and to giving people a say in environmental decision-making. Protecting our environment is a strategic investment that all of us wish to make for New Zealand’s future. The Resource Management Act is about striking the right balance between using our environment and protecting it for future generations. The wide support that this bill has received reflects the acceptability of the changes it contains and I am pleased to commend it to the House.