RMA Reform Update

18/05/10 

The 2009 amendments to the Resource Management Act introduced new sections 36AA and 360(1)(hj).  New section 36AA requires local authorities to provide for a discount on administrative charges in circumstances where a resource consent or other such application is not processed within the statutory timeframes set out in the RMA.  The amendments required that central government must set a minimum discount policy, which all local authorities must abide by as of 1 July 2010.

On April 21 this year, Environment Minister Nick Smith released details of the proposed regulations:“When the processing of a resource consent exceeds the timeframes in the RMA, the regulation will now provide that a council must apply a discount of 1% per working day, up to a maximum of 50%.”

The regulation also sets out procedures for determining fault.  These regulations set out a minimum discount policy, but councils have the opportunity to develop tougher regimes (for example Hamilton City Council has employed their own discount policy for late processing of consents, prior to the 2009 amendments).While these regulations are an important step towards greater local government accountability for costs, the proposed discount policy is a far cry from the suggested approach as published on the beehive.govt.nz website in February this year: “The discount regulations suggested approach is that Councils must provide a discount of 25% for a consent one week late, with an additional 5% per week up to a maximum of 80%.”

 In our experience, the processing fees charged by Council can sometimes seem high, particularly when external consultants are involved.  At ASL we assist our clients by challenging Council administrative fees where these are unreasonable.  For assistance with any resource consent applications, or for advice on Council processing costs, contact us.

14/10/09

As of 1 October, 2009 the Resource Management (Simplify and Streamline) Amendment Act is now enacted.  The main changes to the Act are as follows:

• Reducing the ability for the RMA to be used for making frivolous, vexatious or anti-competitive objections and appeals
• Reducing the costs and time it takes to make decisions on proposals of national significance
• Establishing an Environmental Protection Authority (EPA) to process applications for proposals of national significance in a timely and efficient manner
• Improving plan development and plan change processes to reduce the time and costs associated with preparing and changing policy statements and plans
• Improving the resource consent process (in particular, the notification process) to reduce the costs and time faced by applicants while maintaining an appropriate level of public participation
• Streamlining the preparation, and improving the effectiveness of, national instruments including National Policy Statements and National Environmental Standards
• Improving the effectiveness and deterrent effect of enforcement and compliance mechanisms
• Increasing the efficiency and workability of RMA decision-making processes

For further information on the amendments or to answer any questions you may have on the changes, please don’t hesitate to contact Craig Brown of ASL or alternatively – check out the Ministry for the Environment’s Fact Sheets

Keep an eye on this page for details of RMAA case law as it develops, as well as information on Phase 2 of the reforms!