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2001 Conference - Rotorua
Making the Resource
Management Act Work for You
Speech
Jenny Chetwynd
Senior Analyst, Resource Management Group
Ministry for the Environment
 Contents
See also the Presentation Notes
If you're not dead then you would have heard some of the sound
and fury that's erupted over the machinations of the Resource
Management Act during the last few years. Critics almost always
preface their stories of woe by supporting the THEORY of
environmental legislation .... it's just the PRACTICE they don't
like. Local councils are the public face of the Act and cop the most
flak. Some of this criticism is justified. But could it be that some
businesses who find themselves burnt by their experiences with the
Act are their own worst enemies? What can business people do to make
sure the Act works for them?
Why?
Perhaps we need to start with the reasons why we even have an
Act.
Protecting the Environment So That We Can
Continue to Generate Wealth from It
We all depend on resources for our survival and prosperity,
whether we're running a household, a business, a region or a nation.
If we didn't protect our soil, our waters, our biodiversity, our
scenery - all the things that make up our environment - we couldn't
continue to generate wealth from them. The Act is just one mechanism
that allows us to do this.
Establishing a Common Forum to Help Us
By vesting power and responsibility in our local councils and
creating structured ways of doing things, the Act establishes a
common forum to help us ...
Agree on What We Value Locally
... Agree on what we value locally. The theory being that local
communities are best at knowing and therefore valuing their
surroundings.
Resolve Conflicts
... There'll always be conflict as long as we compete for
resources. The Act provides us with clear-cut, balanced mechanisms
for resolving these conflicts in a civil manner.
Remain Good Neighbours
... Sometimes we do things that just annoy the hell out of each
other. Sometimes an offer of a conciliatory cup of tea just isn't
enough. Sometimes we need people who don't take sides to help us
out. Again, this is where the Act - and councils - come in.
When?
It may be of surprise to some public servants that business
people don't walk around with an encyclopedic knowledge of
legislation. Busy people operate on a need-to-know basis. Fair
enough, but that can create a problem. Red tape is even more
unwelcome when we get tangled in it unexpectedly. With knowledge
comes foresight and power. When does the Act feature in the lives of
business folk?
Buying, Leasing, Moving?
Maybe you're thinking of establishing a new business ... buying
or leasing a property or an existing business ... or moving to a new
town ...
Subdividing, Expanding, Building?
Maybe you're thinking of subdividing property that you already
own ... expanding your business on-site ... opening branches ... or
building new premises ...
Talk to the City or District Council
Whatever, it's a great time to talk to your City or District
Council.
Information about the Property
People at the council can provide you with detailed information
about the property you are interested in, such as the location of
services, building plans and the like ... all this comes in the form
of a Land Information Memorandum.
The Neighbourhood
They can also tell you about the neighbourhood, what businesses
operate nearby, whether your idea to build the Serenity Retirement
Home might be upset by the go-cart track two doors down.
Resource Consent
City and District Councils can also tell you whether you'll need
a resource consent for what you want to do and whether they are
responsible for issuing it or whether you'll have to go to the
Regional Council ... you'll get the answers in the form of a Project
Information Memorandum.
What?
Resource consents and the councils that issue them are pretty
much the public face of the Act.
Permission to Do Something
A resource consent gives you permission to do something that
would not normally be allowed as of right. Whether you do need a
resource consent or not very much depends on what you want to do and
where you want to do it. If the same proposal is treated differently
in different areas this may simply reflect the fact that some
neighbourhoods are just more sensitive than others are. It's the
plans developed by councils in consultation with their communities -
we're talking regional and district plans - that describe the nature
and sensitivity of those environments and tell you whether what you
are proposing to do does need that consent.
An Asset That Stays with the Business or
Land
A resource consent can be regarded as an asset that normally
stays with the business or land even after you've sold it.
You Need to Apply
To get a resource consent you'll need to make a formal
application to the council.
Prepare an Assessment of Environmental
Effects
A vital part of your application is the preparation of an
assessment of environmental effects. In this you get to describe
what you want to do, provide your understanding of how your idea
might impact on the environment, and say what you propose to do to
manage those impacts.
Council May Notify
In a situation where the council thinks neighbours and others
could be affected by your proposal they might ask you to get the
written approval of those people. If for some reason you can't get
those approvals or the council thinks your proposal could have more
than a minor effect on the environment, then it may decide to
publicly notify your application. This means that people have a
chance to make submissions about the environmental impacts of your
proposal. They, like you, will normally have a chance to represent
their views at a public hearing.
Make a Decision
Whether or not the council publicly notifies an application, it
is ultimately responsible for deciding whether or not to grant
resource consent and, if it does ...
Attach Conditions
... it may attach conditions to that consent to deal with any
environmental impacts that might otherwise arise.
The Facts
If all this seems rather daunting, a few facts about the
consenting process may help to put things into context.
Most Ideas Don't Need Someone Else's
Approval
First of all, most ideas don't need someone else's approval. They
are provided for as of right in the plans produced by councils
because they don't affect the environment in any meaningful way. For
instance, it's pretty unlikely you'll need consent to plant a crop,
run a business in the same way that the previous owner did, or open
a new shop in a shopping centre.
Most Applications Are Processed Quickly
When they are required, most applications are processed quickly
by councils, and they're getting better all the time. 82% of all
applications in 1998/99 were processed within the timeframes laid
down by the Act.
Few Applications Are Notified
Despite all the talk about submissions and hearings, only 5% of
all applications are publicly notified. The rest require at the most
the written approval of potentially affected people.
Most Are Approved
Most applications are approved. In fact, less than 1% of all
applications were declined in 1998/1999.
Few Are Appealed
Few consent decisions by councils are appealed to the Environment
Court by either dissatisfied applicants or submitters. Only 1% of
all decisions were appealed in 1998/1999.
Heaps You Can Do to Help Yourself
As I hinted earlier, there's that a lot you can do, as an
applicant, to ensure the process goes as smoothly as possible.
Handy Hints
I'd like to briefly outline some handy hints that have been
passed on to us by people with lots of experience in the consent
process.
Make It Part of Your Plan
Make finding out and acting on your obligations under the Act a
part of your business plan. Regard getting clear about those
obligations as essential as market research or choosing a good
lender. As people tell us, red tape is at its most frustrating when
we find ourselves snared in it without warning. Waiting for approval
can seem like an eternity when we haven't allowed for it in our
planning. Don't wait till you've got the painter lined up before you
schedule time to sort out the paperwork.
Talk Early
Talk early. Talk to the friendly people at your council and, on
their advice, to neighbours and anyone else you or they think might
be affected by what you propose to do.
Ask for and Get Answers
Ask for and get clear answers from the people at your council.
Try and maintain contact with the same person. Make notes. Get
assurances in writing. Determine what your assessment of
environmental effects needs to cover and in what depth. Determine
who you need to talk to and what if anything you need to get from
them. Determine how long the council will take to process your
application. Determine how much they will charge you to cover their
costs. Ask to be consulted informally on any conditions they propose
to attach to your consent.
Think Like Them
People can get defensive when they're confronted with change,
particularly when it's over the fence or just upstream. They also
tend to take exception to feeling excluded from things that
genuinely affect their well being. Put yourself in their place. Ask
them what they value. Work with them to think of ways in which those
values can be protected, even as change takes place. Remember, they
may come to you with a proposal one day.
Be Flexible
Be flexible. Go talk to people prepared to listen and consider
how any concerns they may raise can be addressed. It really helps
when you talk early, well before your ideas are completely
finalised.
Respond Quickly
Respond quickly and thoughtfully to requests for information from
the council or people who might be affected by your proposal.
Expect Service
Expect nothing less than good service from the council. You're
paying for it. You should have every expectation that you will
receive clear and consistent advice and have your application or
information requests processed in an expeditious manner.
Protect Your Interests
Protect your interests. The plans written by councils are an
expression of the values of the communities they represent. Plans
have a lifespan of ten years. Make sure the things you value are
considered in the plan review process. Give careful consideration to
proposals for which consent applicants may seek your written
approval. Take the opportunity to make submissions on plans and
consent applications and represent your view at public hearings
where you feel this will be of value.
The Act provides us with the means to protect our private
interests as well as our environment, upon which our economy so
greatly depends. It was never the intention that the Act would end
disputes over access to and use of resources or the things we do
that annoy others, only that it would provide a common forum for
resolving such disputes. Great in theory, the legislation only works
in practice if people are prepared to act in good faith.
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