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 Climate Change

Text Climate Change

The Resource Management (Energy and Climate Change) Amendment Act 2004 amended Section 7 of the RMA, requiring consent authorities to have regard to the effects of climate change, efficiency of energy use, and benefits of use and development of renewable energy, when making decisions. Thus energy efficiency becomes a key objective in RMA decisionmaking. This is likely to reflect in future decisions on urban form, and infrastructure for urban transport. Authorities are also required to plan for the effects of climate change, in terms of natural hazard risks posed by storm events.

The amendments removed the ability of consent authorities to introduce rules and methods to reduce greenhouse gas emissions. These effects are supposed to be managed through nationwide climate change policy, using economic measures. The amendments avoid putting resource consent applicants in a position where they are required to mitigate the effects of discharges twice – once under local or regional plan rules, and again under national climate change measures.

As at April 2006, a private member's bill proposed by Jeanette Fitzsimons, aims to repeal this provision as there are no effective national measures yet in place. Details can be found on Parliament's website www.clerk.parliament.govt.nz/Publications

 

References
Bosselmann, K. Fuller, J and Salinger J (eds)(2002) Climate Change in New Zealand: Scientific and Legal Assessments NZCEL Monograph series, Vol 2. 152p
New Zealand Centre for Environmental Law, University of Auckland. ISBN 0 473 086557
Available: www.law.auckland.ac.nz/cel/nzcel Price $29.95.
This publication analyses the nature of climate change and science assessments, the Government’s preferred policy, and the role of local government in addressing climate change obligations.

Journal Articles

Day, M. and Chapman, S. (2005) Climate Change
Planning Quarterly, March 2005, p9-12
Discusses how local government is responding to climate change – what can and should be done.

Schofield, R. and Daw, J. (2005) The Resource Management (Energy and Climate Change )Amendment Act 2004
Planning Quarterly, March 2005, p13-16
Discussion of the amendments and their implications.

Richardson, B, (2004) Climate Law in New Zealand – Some Unfinished Business
Resource Management Bulletin, Feb 2004, p100-104.

Web-Based Resources

Site: www.climatechange.govt.nz
Resources: The Climate Change Office site is the best source of information on government policy. The Office is responsible for developing policies to reduce greenhouse gas emissions, developing legislation to put in place these policies, and providing information on climate change issues. Information includes details of measures taken (eg carbon credits), to implement the Climate Change Response Act 2002. Check out the 'Communities for Climate Protection New Zealand' programme, which has been joined by half of NZ's local authorities. This programme assists authorities to measure baseline levels of greenhouse gas emissions, and develop strategies for reducing them.

Site: www.eds.org.nz
Resources: The Environmental Defence Society is active on climate change issues. Its site has information on climate change, EDS submissions to government on policy and legislation, a newsletter, and links to other climate change sites.

Site: www.eeca.govt.nz
Resources: Energy Efficiency and Conservation Authority. The NZ Energy Efficiency and Conservation Strategy is available online on this site. The Authority’s work is relevant to climate change – a wide range of approaches to using energy more efficiently, and promoting growth in renewable sources.

 

Relevant Case Law

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