Resource Management Act: RMA Link: Topics: Details

The RMAlink project aims to make community participation in all Resource Management Act processes more straightforward and less time-consuming. More effective participation from those with a concern for the environment will contribute towards improving environmental outcomes nationwide.

Topics: Details

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Wellington Community Network
Subject Coastal & Marine

Text Coastal Management Overview

Activities in coastal areas are managed principally under the RMA. The RMA applies to all land-based activities, and to activities in the coastal marine area (CMA). This is defined in Section 2 as “the area between mean high water springs (MHWS) and the outer limits of the territorial sea” (i.e. 12 nautical miles off shore). Foreshore, seabed, coastal water and airspace are included.

Many of the activities carried out in the coastal marine area (CMA) are also covered by other legislation. Included are mining (Crown Minerals Act 1991), port and shipping activities (Maritime Transport Act 1994), fisheries and marine farming (Fisheries Acts), marine reserves (Marine Reserves Act 1971), and other Acts relating to wildlife, conservation, and biosecurity.

The Act, policy statements and plans also refer to the ‘coastal environment’, which is not defined in the Act itself. It includes the CMA and the area immediately adjacent to the coast up to the nearest hills. A working definition has been established in case law.

Policy statements and plans prepared under the RMA provide a framework for coastal management. The Act also defines the responsibilities of the agencies involved.

The RMA Framework
The New Zealand Coastal Policy Statement – (Sections 56-8 of the RMA) is prepared by the Minister of Conservation. It covers both the CMA, and the wider coastal environment.

Regional Coastal Policies cover the matters in Section 58, and Section 62 requires that these must be consistent with the NZCPS. Regional coastal policies are usually a sub-section within a Regional Policy Statement.

Regional Coastal Plans cover the CMA. These can be part of an overall regional plan, and must be consistent with regional coastal policies and the NZCPS. Plans (or the policies, methods and rules for the CMA) must be approved by the Minister of Conservation. (Section 64).

District Plans are also part of the management framework for the coastal environment. Policies, methods and rules must be consistent with the NZCPS, and be effective in fulfilling the requirements of Sections 5, 6, 7 and 8 of the RMA. Councils must consider the effects on the CMA and the wider coastal environment, of any resource consent application for a structure, land use or activity. Subdivision rules, and coastal zoning for activities such as ports or marinas, should be carefully considered during plan review.

The role of the Minister of Conservation
Section 28 of the RMA specifies the Minister of Conservation’s functions in coastal management as:

  • Preparing the NZCPS
  • Approving regional coastal plans
  • Granting permits for restricted coastal activities
  • Monitoring the effects of policy statements and coastal permits
The Minister also has functions under other legislation, such as the Wildlife Act 1953, Conservation Act 1987, Marine Mammals Protection Act 1978, and Marine Reserves Act 1971.

Oceans Policy Review
The government's review of Oceans Policy is relevant to the RMA. It is a review of all policy and legislation that relates to our coastal environment within the 200 nautical mile exclusive economic zone. This includes the coastal marine area.

 

References
Harris, R. (ed) (2004) Handbook of Environmental Law
Royal Forest and Bird Protection Society of New Zealand Inc.
Chapter 8, p235-266 This chapter is entitled 'Legislation Covering Coastal and Marine Areas'. It deals with the RMA, and other legislation relevant to coastal and marine activities, including fisheries, marine farming, marine reserves, and ownership and control of foreshore and seabed up until time of publication. There are lists of relevant statutes (p238 and 259), and a list of case law decisions on a range of coastal management issues.

Goff, J. Nicol, S. and H. Rouse (eds) (2003) The New Zealand Coast - Te Tai o Aotearoa
Dunmore Press 312p ISBN 0-86469-438-5
This is a comprehensive reference book on natural resources and processes in various types of coastal environments around New Zealand. Includes chapters on gravelly beaches, dunes, lagoons, estuaries, coastal wetlands, tsunami hazards, pollution, and pre-european archaeology.

PCE (1999) Setting Course for a Sustainable Future: The Management of New Zealand’s Marine Environment.
Parliamentary Commissioner for the Environment, Wellington
This report reviews the management of New Zealand’s marine environment. It identifies a range of barriers to the sustainable management of the marine environment. These issues are now being addressed through the Oceans Policy Review.

DOC and MFE(2000) The NZ Biodiversity Strategy
Department of Conservation and Ministry for the Environment, Wellington. ISBN 0-478 21919-9
Strategy prepared to meet obligations under the 1993 UN Convention on Biological Diversity. Vision, goals and principles for biodiversity management at a national level. Pages 55-68 deal with coastal and marine biodiversity. Copies available from DOC, or online at www.doc.govt.nz/cons/biodiversity/index.html

Daya-Winterbottom, T. (1998) What is the Coastal Environment?
Resource Management Bulletin, vol 2 p185
Article discusses definition of the wider ‘coastal environment’ which is not defined in Section 2 RMA

Journal Articles

McLaughlin, K. (2004) Whangarei District Council Coastal Management Strategy
Planning Quarterly Dec 2004, p2-3.
Article looks at the council’s ‘community driven’ approach to strategic planning for coastal management as an example of best practice. Worked with Environmental Defence Society to prepare landscape guidelines.

Web-Based Resources

Site: www.coastalsociety.org.nz
Resources: Website of the NZ Coastal Society, an organisation for those with a professional or personal interest in coastal management. Regular newsletter,  

Regular Publications

Relevant Case Law

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