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Resource Management Act 1991

Resource Management Act 1991
Coat of arms of New Zealand.svg
New Zealand Parliament
An Act to restate and reform the law relating to the use of land, air, and water.
Date of Royal Assent 22 July 1991
Date commenced 1 October 1991
Introduced by Simon Upton
Amendments
1993, 1994, 1996, 1997, 2002, 2003, 2004, 2005
Related legislation
Crown Minerals Act 1991
Status: Current legislation

The Resource Management Act (RMA) passed in 1991 in New Zealand is a significant, and at times, controversial Act of Parliament. The RMA promotes the sustainable management of natural and physical resources such as land, air and water. New Zealand's Ministry for the Environment describes the RMA as New Zealand's principal legislation for environmental management.

As the RMA and the decisions made under it by district and regional councils and in courts affect both individuals and businesses in large numbers, and often in very tangible ways, the RMA has variously been attacked for being ineffective in managing adverse environmental effects, or overly time-consuming and expensive and concerned with bureaucratic restrictions on legitimate economic activities.

The adoption of the RMA was significant for three reasons. Firstly, the RMA established one integrated framework that replaced the many previous resource-use regimes, which had been fragmented between agencies and sectors, such as land use, forestry, pollution, traffic, zoning, water and air.

Secondly, the RMA was the first statutory planning regime to incorporate the principle of sustainability.

Thirdly, the RMA incorporated 'sustainable management', as an explicitly stated purpose placed at the heart of the regulatory framework and this purpose is to direct all other policies, standards, plans and decision-making under the RMA. Having the purpose of the RMA at the apex of an unambiguous legislative hierarchy was a unique concept worldwide at the time of the law's inception.

The RMA replaced a large number of acts, regulations and orders. A total of 69 Acts and amended Acts were repealed (See RMA Sixth Schedule) and nineteen regulations and orders were revoked (Seventh Schedule). The notable acts repealed were the Town and Country Planning Act, the Water and Soil Conservation Act, the Soil Conservation and Rivers Control Act, and the Minerals Act. The mining and minerals regime was separated from the Resource Management Bill at the third reading stage and was enacted as the Crown Minerals Act 1991.

However, three of these statutes, provided important elements of the RMA. The Soil Conservation and Rivers Control Act 1941 provided the precedent for catchment-based entities and catchment boards became part of the new regional councils. The Town and Country Planning Act 1977 provided the consenting and planning procedures. The Water and Soil Conservation Act 1967 provided the consenting regime and case law for water.


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