Resource Management Act: RMA Link: Topics: Details

The RMA provides an overall framework for managing New Zealand’s water resources. This includes lakes, rivers and streams, groundwater, and geothermal water. It deals with water use and allocation, water quality, and management of waterways and freshwater habitats. Alongside the RMA, common law rights and responsibilities pertaining to water also apply.

At the top end of this framework, the Act provides for the possibility of a National Policy Statement for fresh water resources, and National Environment Standards to be set for water quality and use. Neither of these planning instruments has yet been utilised, with the result that approaches to water resource management lack overall consistency nationwide.

Sections 70 and 117 deal with discharge of contaminants to water. They provide what amounts to statutory minimum standards for water quality (although there is debate over definition of ‘reasonable mixing’). These apply irrespective of plan provisions, but no numerical criteria for measurement are included. Sections 14 and 15 of the Act outline restrictions on water use, and on discharge of contaminants.

MFE has produced a number of guidelines relating to water management that outline ‘best practice’ approaches, but adherence to these is not mandatory.

Regional Authority Responsibilities
Regional councils and unitary authorities have primary responsibility for water resource management. Their functions are set out in Section 30, and the recent amendment relating to biodiversity (Section 30(1)(ga) also requires consideration when water management decisions are being made.

Regional (and unitary) authorities address water quality and allocation issues in their regional policy statements. They also prepare regional plans for water management, either as a stand-alone plan, or incorporated into a regional resource management plan. Under the RMA, water plans are not compulsory, so content and management approaches vary between authorites.

Territorial Authority Responsibilities
Section 31 Outlines general responsibilities of territorial authorities, and Section 31(e) specifies ‘the control of any actual or potential effects of activities in relation to the surface of water in rivers and lakes’. Sections 9 and 13 also relate to water and water bodies. District plans, then, must contain methods and rules to control effects of activities such as vegetation clearance, wetland modification and earthworks, and resource consents must be granted subject to appropriate conditions.

General Responsibilities
Regional, unitary and territorial authorities must fulfil the requirements of Sections 5, 6, 7 and 8 of the Act when carrying out their functions relating to land use and water management.

Role of MFE
MFE provides policy guidance and technical support for local and regional government. Policy is currently under review, through the MFE’s Water Programme of Action. Information on this can be found on the Ministry’s website, at www.mfe.govt.nz/issues/water

 

Harris, R (2004) Handbook of Environmental Law.
Royal Forest and Bird Protection Society of NZ Inc., Wellington.
Chapter 7, p203-234, covers Freshwater values – duties and responsibilities under the RMA, issues relating to water, and protecting water-related values.

Memon, P. A., Perkins, H. (2000) Environmental Planning and Management in New Zealand.
Dunmore Press, Palmerston North.
Chapter 22 Freshwater Management Policies in New Zealand. p234-249.

Williams, D. A. R. (1997) Environmental and Resource Management Law, 2nd Edition.
Butterworths, Wellington.
Chapter 7 Water Law. Outlines the framework for allocation and management of water resources under the RMA. Common law rights and responsibilities with regard to water. Water Conservation Orders are discussed in detail.

Peart R. (2004) The Community Guide to the Resource Management Act 1991.
Environmental defence Society, Auckland.
p104-108 Freshwater Management section, p104-108. Short but useful summary on freshwater management.

MFE (2000) Making Every Drop Count: The National Agenda for Sustainable Water Mangement.
Ministry for the Environment, Wellington.
Report on nationally significant freshwater management issues, proposals for government action to address problems.

NIWA (2004) NZ River Environments Classification System
National Institute of Water and Atmospheric Research, Wellington.
GIS-based environmental classification of New Zealand’s rivers. An ecosystem-based spatial framework for river management purposes - tool for effects assessment, policy development, developing monitoring programmes and interpretation of monitoring data and state-of-environment reporting. More details at www.niwa.co.nz/ncwr/rec/.

Journal Articles

Web-Based Resources

Site: www.qualityplanning.org.nz
Resources: Two guidance notes on water issues. See 'Guidance on Planning Topices' - 'Planning for Water Allocation' and 'Surface Water Quality'.

Site: www.niwa.co.nz
Resources: NIWA site has reports, publications, newsletters and information about the Institute's water resource research.

Site: www.environment.govt.nz
Resources: This is MFE's 'Reporting on NZ's Environment' site. Has technical information and reports on monitoring of environmental performance indicators for water.