"The Resource Management Act has been amended virtually every year since 1991 and reviewed several times during that period. Yet reform has consistently failed. [See here for reams of examples]
"The RMA ... [has] delivered a housing crisis, $1.3 billion a year in infrastructure consenting costs, 1,175 different zoning categories, and declines in freshwater quality and indigenous biodiversity – the environmental outcomes most directly within the planning system’s control.
"So when the Government set out its ten principles for replacing the RMA in late 2024, there was genuine reason [among some people] for optimism. The Cabinet paper was clear: the new system’s starting point would be the enjoyment of property rights and respect for the rule of law. The scope of what could be regulated would be narrowed. Nationally standardised zones would replace the bewildering patchwork of local rules. Environmental limits would be based on quantitative data and not be overly prescriptive. Consenting would be drastically reduced. ...
"But legislation lives in its detail. And in the detail, something has gone wrong. ...
"Consider property rights. The 2024 Cabinet paper said respect for property rights should be the default position under the new system. But neither Bill mentions property rights as a purpose or among its goals. They are only alluded to in limited circumstances. .... Without safeguards in the legislation, property rights are little more than a pious aspiration.
"Some will say, ‘so what’? The international evidence on institutional foundations of prosperity, recognised by the 2024 Nobel Prize in Economics, is unambiguous: secure property rights and constrained state discretion are preconditions for sustained economic development. As for the environment, the Soviet Union had no respect for property rights. Its environmental record was quite literally disastrous. ...
"The Bills confer far too much power on ministers. They will set national policy directions, national standards, standardised zones, and environmental limits. It might be 2029 before all this is in place. Parliament does not know what those decisions will be. It is being asked to build the frame of a house without knowing its floor plan....
"Clarity is further undermined by undefined terms like “inappropriate development” and “not unreasonably affect others”. These terms sit at the top of the hierarchy. Litigation over their meaning under a new framework is likely here too.
"The Bills are currently before the Environment select committee. It can recommend some principled amendments to align the Bills more with Cabinet’s intentions. One could incorporate Cabinet’s explicit and central instruction to protect people’s ability to enjoy their property. ... clearly defined terms should replace the subjective language in their goals.
"The select committee has an important opportunity to put this right [or at least try to make a pork chop out of a pig's ear - Ed.]. It should take it."~ Nick Clark from his op-ed 'The RMA reform we were promised is not the reform we got' [Emphasis mine.]
Monday, 2 March 2026
It's more like an RMA 2.0
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