News and information for those involved in Resource Management issues
    If the Centre can help you in any of these areas - contact us
    The Centre's Activities include:
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  • Dealing with Councils
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  • Providing expert advice and witnesses
  • Lectures, seminars and training sessions
  • Comment in local newsmedia
  • Examples of submissions on Planning Documents
  • Commentary on current issues
  • Responding to Government Reports and initiatives

Contact Us:
Owen McShane
Director


Centre for Resource
Management Studies

1104 Oneriri Road
R.D. 2
Kaiwaka
Northland
0573
New Zealand
Phone: 64 9 431 2775
Fax: 64 9 431 2772

Mobile: 0274 767 814

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The Centre's Thoughts on Reforming the RMA PDF Print E-mail
Centre Digests
During the year the Centre has identified and discussed a series of
Issues which need to be addressed in any reform package of the RMA,
and, where appropriate, the Local Government Act as well.

These issues are set out in two papers:
RMA – Issues for Early Reform: Part One
and
RMA reform Issues: Part Two.
These can be found from the Centre Web Page
Issues: RMA – the Act and its Reforms

These have been transferred into proposed Amendments to the Act along
with a number of amendments which are reasonably self evident and need
little discussion or explanation. Some of these amendments are fine
tuning, or bullet proofing, while others are quite significant
changes, and which the Centre believes to be essential if we are ever
to match the economic performance of Australia and other OECD
countries which have been leaving us behind. We need to abandon central planning of our economy for the same reasons as all the
Eastern European countries have done so.

The proposed Amendments can be found from the same web page within the
document "Proposed Amendments to the RMA".

For example, here is one of the proposed amendments to section 30
which lists the functions of Regional Councils. (Additions are
underscored.)

30 Functions of regional councils under this Act.
(1) Every regional council shall have the following functions for the
purpose of giving effect to this Act in its region:
(gb) the strategic integration of infrastructure with land use through
objectives, policies, and methods
(5) A regional council may not intervene in the management of the
effects of the use, development and subdivision of land by territorial
local authorities except as they those activities impact directly on
the soil, water and air
.
(6) In particular, regional councils may not ration the supply of land
by imposing direct controls on the use and development of land within
districts by means of metropolitan urban limits, urban growth
boundaries, infrastructure limit boundaries or other rules or
boundaries which artificially restrict the supply of land available
for use, development and subdivision in the region by imposing general
and wide-ranging constraints rather than being specifically and
directly related to effects on soil, water, and air, and while
recognising that:
(a) land is not in short supply in New Zealand and hence does not need
to be rationed; and
(b) land is only productive as a result of human activity; and

(c) this Act focuses on soil as a resource, not on land as such or on
any particular use of land.
[Exp. Note: Most of these are self-explanatory, and as a group are
designed to refocus Regional Councils on soil water and air, and keep
them out of land use planning and Smart Growth.]

Nick Smith's list of proposed reforms include a ban on the use of the
RMA to limit trade competition. Several people have pointed out that
the RMA already bans such anti competitive activity. However,
Supermarket wars, and the many Councils who have regulated to promote
and protect the existing "Retail hierarchy" have successfully
overturned this prohibition by case law developed through the courts.
Hence the proposed amendment to section 74. Again the additions have
been underscored.
74 Matters to be considered by a territorial authority.

(3) In preparing or changing a district plan manual a territorial
authority must not have regard to trade competition or to any effects
on social, economic, aesthetic, and cultural conditions which may
arise as a result of trade or business competition, including
competition based on price, innovation, location, scale, or term, or
as a result of any re-distribution of expenditure or investment
arising from any business or trading activity
.


Since writing these reports and the proposed amendments (and
particularly since the election) many more issues and proposals have
been pouring into the Centre, a few of which are discussed below. The
Centre is now writing a final set of reports to present to any panels
or advisory groups established to by the new Coalition Government.
If you have any issues dear to your heart please send them in.
 

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