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RMA Frequently Asked Questions
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The Resource Management Act
Nobody likes the idea that the first they will know of a significant local development will be the sound of the bulldozer down the road.
The Resource Management Act (RMA) is the main way that ordinary New Zealanders
can have a say in how our resources and environment are managed. One of
the core ideas behind the Act is that the best outcomes for sustainable management are achieved when the public and community groups, such as Forest & Bird, have the ability to fully participate in decision-making processes.
To learn more about the RMA see the frequently asked questions below -
- When was it introduced?
- Why was it needed?
- What is the purpose of the RMA?
- What is sustainable management?
- How can I use the RMA to help me have my say on an environmental issue?
- Where can I get more information on using the RMA?
- Why is it important to make a submission?
- Do I always have the opportunity to make a submission?
What does the RMA do?
The Resource Management Act 1991 (RMA) determines how natural and physical resources in New Zealand can be used, developed or protected. Natural and physical resources include all aspects of the environment - rivers, lakes, coastal and geothermal areas, land, forests and farmland and air, as well as the built environment.
When was it introduced?
The RMA came into force on 1 October 1991, replacing more than 50 other environmental statutes. Before its implementation, environmental issues were controlled by a variety of laws and administrative agencies.
Why was it needed?
Under these various laws and agencies, environmental management and protection was often uncoordinated and inefficient. The RMA sought to address these problems by providing a more comprehensive and integrated approach. The RMA amalgamated New Zealand's laws relating to land, air and water resources and provided a framework for addressing environmental issues.
What is the purpose of the RMA?
The RMA promotes the sustainable management of New Zealand's natural and physical resources.
What is sustainable management?
Sustainable management is managing the use, development and protection of natural and physical resources in a way which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety while:
- Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and
- Safeguarding the life-supporting capacity of air, water, soil and ecosystems; and
- Avoiding, remedying, or mitigating any adverse effects of activities on the environment.
How can I use the RMA to have my say on an environmental issue?
The RMA allows you to have your say about how your local environment should be looked after. There are four main ways you can do this:
- Write a submission to your local council when the council is preparing a plan that describes how it intends to manage resources in your area (called a district or regional plan)
- Write a submission to your council when someone needs a permit or resource consent to do something that might harm the environment.
- Write a submission to a Special Tribunal that is considering a proposed Water Conservation Order to protect a river, lake or other water body.
- Write a submission to regional or central government on a policy statement that gives guidance to all local government on how to achieve sustainable management.
Where can I get more information on using the RMA?
Forest & Bird has prepared a comprehensive guide ( breaking down the barriers – RMA made easy) that will help you to make a submission to your local council, tribunal or the Environment Court. By having your say, you can protect your local environment.
If you interested in learning more about environmental law, you can purchase the Handbook of Environmental Law from our online shop. The book is a comprehensive guide aimed at people who are not necessarily experts, but wish to understand and use New Zealand’s environmental legislation.
Why is it important to make a submission?
Submissions on plans, policy statements and water conservation orders can be an effective way of putting in place rules that protect nature over the long term. By lodging a submission on a resource consent application you can modify or stop a development with adverse environmental effects.
Once you make a submission under the RMA you are provided with a series of rights. They include the right to present your views orally and the right to appeal a decision you disagree with to the Environment Court.
Do I always have the opportunity to make a submission?
The RMA sets out when councils are allowed to process a resource consent application without inviting public submissions (non-notification). When this happens you cannot make a submission on the proposal or appeal the decision to the Environment Court. The law is written in favour of public participation, as only applications with minor effects can be processed without notification.
If you feel you have been unjustly excluded from making a submission on an application for an environmentally harmful resource consent, write to the Minister for the Environment to complain. You can also seek a judicial review of the decision in the High Court, but this can be expensive.
Forest & Bird is campaigning for people to have the right to appeal non-notification decisions to the Environment Court, which is more accessible than the High Court.