RMA reform and the new NBA
The Government is undertaking reform which will replace the Resource Management Act (RMA) with three new pieces of legislation:
- Natural and Built Environments Act (NBA) is the main replacement for the RMA.
- Strategic Planning Act (SPA) will require the development of long-term regional spatial strategies.
- Climate Adaptation Act (CAA) will address complex issues associated with managed retreat.
Timeline for RMA reform
Exposure draft of the NBA - June 2021
In June – August 2021, the Select Committee called for submission on the 'exposure draft' of the National and Built Environment Bill. This was not the complete bill but includes some of key purpose and principles of the new legislation, including the purpose of the NBA (inclusion of Te Tiriti o Waitangi clause) and related provisions.
Summary of the exposure draft of the NBA:
- Set out the purpose of the NBA, which in short is to enable Te Oranga o te Taiao to be upheld by protecting and enhancing the natural environment, and to enable people and communities to use the environment in a way that supports the well-being of present generations without compromising the wellbeing of future generations.
- Set out the requirement to set environmental limits that use of the environment must comply with.
- Included a list of 16 environmental outcomes, which must be promoted.
- There will be National Planning Framework. This will bring together national (Government) level direction, to provide integrated direction on national level issues.
- At the region level, there will be Natural and Built Environments Plans. These will cover similar matters to district and regional plans under the RMA.
The exposure draft is available here: https://environment.govt.nz/assets/publications/Natural-and-Built-Environments-Bill-Exposure-Draft.pdf
Key points raised in HortNZ's submission
HortNZ made a submission on the exposure draft and presented to the Select Committee to answer questions about our submission.
The key points raised in HortNZ’s submission included:
- Seeking recognition that social, economic and cultural needs should be met within Natural Environmental Limits – including essential human health. Fruit and vegetables for domestic supply are essential for the human health of New Zealanders.
- Support for an environmental outcome that greenhouse gas emissions are reduced and requires national direction for greenhouse gas emissions. Diversification to horticulture presents an opportunity to reduce emissions, as identified by the climate change commission.
- The exposure draft included an environmental outcome that promotes the protection of highly productive land from inappropriate subdivision. HortNZ’s submission sought that the NBA also promotes the use of highly productive land for food production, both for domestic and export.
Click here to read HortNZ's submission
What impact will the NBA have on growers?
The NBA will replace the resource management framework of the RMA (e.g. under the RMA - regional and district plans, and resource consents). Specific 'on-the-ground' implications are not yet clear.
Until the new legislation is passed into law, the RMA continues to apply as usual (as we expect that there will be a transitional period).