14 March 2025

Te Uru Kahika Oral Submission: Resource (Consenting and Other System Changes) Amendment Bill

Yesterday marked the last day of oral submissions to the Environment Select Committee on the Resource (Consenting and Other System Changes) Amendment Bill. Speaking to the collective submission by New Zealand’s 16 regional and unitary councils, Te Uru Kahika representatives outlined support for key elements while pressing the need for an integrated approach to resource management reform.

Regional government is a critical partner for central government in the implementation of the resource management system. The 16 councils offer significant experience and a substantial track record of finding practical solutions on the ground alongside our communities.

The Resource (Consenting and Other System Changes) Amendment Bill represents the second phase of the government’s three phase Resource Management Act legislation replacement. The Bill aims to make targeted improvements to the existing resource management system, focusing on increasing efficiency, reducing costs, and improving certainty for resource consent applicants.

Of particular interest to the regional sector, the Bill proposed modifications to recently introduced Freshwater Farm Plan functions, clarifying permitted activity rule making, reducing tangata whenua participation mechanisms, new powers for ministerial intervention in plan-making, and streamlining a range of consenting processes, and adjustments to controls on fishing methods.  

The Government intends for these amendments to connect to broader resource management reforms set to follow in Phase three with replacement of the RMA.

Read on for a summary of the submission from Te Uru Kahika on RM Bill 2.

Oral Submission by Te Uru Kahika representatives Mayor Tim King, Horizons Regional Council Chief Executive Michael McCartney, and Bay of Plenty Chief Executive Fiona McTavish.

Te Uru Kahika submission begins at 4:16:00.

The Need for System-Wide Change

Resource management laws influence many aspects of life in New Zealand, how we use our natural resources for the benefit of all New Zealanders, the state of our environment, and shaping where and how essential infrastructure—such as roads, housing, schools, and power generation—is developed.  

Tim King, Te Uru Kahika sponsor for Resource Management Reform and Mayor of Tasman District Council, advised the committee that councils agreed the current system is not working properly.

“It’s too complex, too costly, and isn’t delivering the outcomes our communities need,” said Mayor King.

He went on to acknowledge, “the Government's intent in introducing this Bill, to improve the resource management system for New Zealanders, providing greater certainty for consent applicants and other system users.”

Over the years, resource management system inefficiencies have contributed to worsening housing affordability, an environment under pressure, and increasing costs for infrastructure consents. Te Uru Kahika agrees that the Resource Management Act is no longer fit for purpose and supports reforms that create a system that is more effective and responsive to local and national needs.

Te Uru Kahika commends the government’s intent to improve the system but advises that isolated amendments may add complexity rather than delivering the intended benefits.

“We support reform, but the changes must be meaningful and aligned with the long-term direction of the resource management system,” said Tim King, speaking on behalf of Te Uru Kahika.

Support for Proposals

The sector supports elements of the Resource (Consenting and Other System Changes) Amendment Bill that enhance decision-making for natural hazard responses and emergency provisions.

“We welcome the proposals that clarify decision-making in the face of significant natural hazards, as well as the introduction of emergency provisions that support hazard event response and recovery efforts,” said Mayor King.

Te Uru Kahika is pleased to see the introduction of tools to strengthen the compliance monitoring and enforcement framework and cost recovery opportunities, which is expected to greatly enhance pragmatic practices.

Freshwater Farm Plans

Regional and unitary councils back the intent to make Freshwater Farm Plans (FWFPs) more cost-effective and flexible. Over time, FWFPs are expected to become the tool for managing all on-farm freshwater regulations, streamlining processes for farmers and  reducing the need for resource consents – ultimately driving better catchment outcomes. .

Horizons Regional Council Chief Executive Michael McCartney explained, “Te Uru Kahika is continuing to collectively provide advice around the key principles of a successful FWFP system, how to make the system more cost-effective and workable, and other implementation considerations.

“We are advocating for a risk-based approach to the FWFP system, where the level of effort and scale of solution is proportional to the level of risk to catchment freshwater outcomes.

“We support industry involvement in certifier and auditor roles, provided appropriate checks and balances are in place,” said Mr McCartney.

To further improve the Freshwater Farm Plan framework, the sector suggests that the National Appointment Body’s functions should be expanded to include approval and revocation of industry organisation programmes, including appropriate cost-recovery mechanisms. The submission also recommends ensuring that farm plan information is accessible to auditors and councils to allow for effective monitoring of on-farm performance, so we can better measure outcomes.

Strengthening Tangata Whenua Participation

Regional councils also raised significant concerns about inconsistencies in how iwi and hapū are enabled to participate in resource management decision-making.

Bay of Plenty Regional Council Chief Executive Fiona McTavish said upholding Te Tiriti o Waitangi and ensuring tangata whenua involvement in decision-making is fundamental.

“Iwi and hapū participation in resource management is essential for upholding Te Tiriti and for delivering core council business. We disagree with the reliance on Treaty settlements as a way to determine who can participate or not because this unfairly excludes unsettled iwi and those without formal agreements in place,” said Ms McTavish.

The sector advocates for an inclusive approach that better recognises tangata whenua rights and ensures consistent engagement across the system.

Concerns Over Plan-Making and Consenting Changes

One of the sector’s main concerns is the proposed ministerial intervention in plan-making. While councils recognise the value of a streamlined process, they stress the importance of local democracy and decision-making.

Mayor King advised, “Most councils support the sensible use of ministerial intervention in plan making – guided by good decision-making criteria and consultation with affected councils ahead of exercising these powers.

“Local Government are best placed to understand the cost and resourcing implications associated, so good consultation will assist the Minister in considering the best approach,” said Mayor King.

The sector also warns that changes to resource consent hearings may have unintended consequences.

“We recommend that provisions restricting consent hearings be paused and considered as part of Phase 3 reforms. We believe these changes would result in more appeals and greater inefficiencies overall,” said Mayor King. 

Regional spatial planning is another crucial tool that the sector supports as part of a future resource management system. This approach allows for a strategic, region-wide view of where different activities are best placed, environments and natural hazards planned for, improving coordination across local and central government.

Permitted Activity Rule Setting

Ms McTavish advised the Select Committee that Te Uru Kahika supports Bill proposals to provide clarity for the development of regional planning rules for permitted discharges, and the intent of the original s70 provisions to establish environmental baselines.

“However, changes to provisions are needed to manage and reduce adverse effects over time, in combination with other methods. This reflects the reality of operating in catchments that are degraded as a consequence of the historic or cumulative activities.

"Changes we’ve sought are intended to make sure the provisions are workable and enable councils deliver on their CME functions,” said Ms McTavish.

Looking Ahead to Comprehensive Reform

Te Uru Kahika emphasises that resource management reform is a once-in-a-generation opportunity. While councils are prepared for the challenges that change will bring, they are keen to see a more integrated approach moving forward.

“We all want a resource management system that is effective, efficient, and locally responsive,” said Mayor King. “The upcoming legislative changes must support these principles.”

The regional sector remains committed to working alongside central government to shape a resource management system that balances environmental protection, infrastructure development, and community needs.

“We’re up for the challenge—but we need to ensure reform delivers practical, cost-effective solutions for our communities,” said Mr McCartney.

Te Uru Kahika will continue to engage with the government on resource management reform, ensuring that future legislation supports sustainable, resilient, and well-planned regional development. The sector looks forward to engaging further as the government moves forward with the next phase of reform.

 

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