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Resource Management Act—Operation

Tuesday 15 November 2005 Hansard source (external site)

Smith9. Hon Dr NICK SMITH (National—Nelson) Link to this
to the Minister for the Environment

Is he satisfied that his Government’s changes to the Resource Management Act 1991 are working well?

Benson-PopeHon DAVID BENSON-POPE (Minister for the Environment) Link to this

Yes. The Resource Management Act is about striking the appropriate balance between economic development and the protection of the environment. The improvements made through the recent amendments to the Act achieve this balance, and significantly strengthen local decision-making.

SmithHon Dr Nick Smith Link to this

Is the Minister aware that a Whangarei man citing treaty arguments has appealed, under Labour’s amendments, the Waitaki water plan, and that the effect of this appeal is that billions of dollars’ worth of infrastructure developments, including a 250-megawatt power station and 40,000 hectares of irrigation, are halted, at an estimated cost to the South Island economy of $12 million per week; and does this indicate that the amendments, as he said, are working well?

Benson-PopeHon DAVID BENSON-POPE Link to this

I am advised that the court has not accepted Mr Wilkie’s appeal, on the basis of its procedural shortcomings. I am further advised that Mr Wilkie will need to seek leave from the court to lodge a late appeal, and to date this has not occurred. I would encourage the member to concentrate on facts and not on his fantasy.

GallagherMartin Gallagher Link to this

What has been the attitude of Local Government New Zealand—the organisation that represents every democratically elected local authority in New Zealand—to the changes to the Resource Management Act 1991?

Benson-PopeHon DAVID BENSON-POPE Link to this

Local Government New Zealand has been strongly supportive of the Resource Management Act review process. Its national council member, David Walter, stated: “On balance a great deal has been achieved in an exemplary collaborative exercise and we will continue to work through that process.” He also said: “Again, I thank the Government for the high level of engagement in this reform process and commend the process undertaken.” I am also mindful of the comments made by that well-known economist and political commentator Rod Oram, who while commenting on National’s Resource Management Act proposal said: “All in all, National’s RMA proposals fall short on some basic measures, such as being practical, wise and well-considered.”

SmithHon Dr Nick Smith Link to this

Does he think it is good resource management process when a farmer in North Otago applies for the renewal of his water right in 2000, when he makes a submission to his regional council in that year but it is overruled by Labour’s ministerial call-in, on which he is asked to make submissions; when he then makes submissions to the select committee on the renewal of his water right, and when he then makes submissions to the special water board on the renewal of the water right, and he is now facing further delays because of the appeal, he is also facing a further round of submissions on the substantive application, and 4 years later, and after six lots of submissions, he is still 2 years away from having his water right renewal considered; is that, in the Minister’s mind, good process?

Benson-PopeHon DAVID BENSON-POPE Link to this

I am sure we would all agree that the process introduced by my predecessor, Minister Hobbs, has gone a long way to solving a lot of the sorts of problems that Dr Smith is detailing, and I would say that those problems were caused not by the legislation or by the acts of this Government, but, rather, by the failings of Environment Canterbury.

SmithHon Dr Nick Smith Link to this

Could the Minister outline for me, given that answer, specifically how the Government’s amendments have helped that farmer in trying to get the renewal of his water right, given that it was under his Government’s legislation that they called in and overrode the resource consent process, and, after waiting 5 years, he still has at least another 2 years before his water right will be considered—how has the Government helped that farmer?

Benson-PopeHon DAVID BENSON-POPE Link to this

I am sure it does not escape Dr Smith that the amendments to the Act were passed in this year, and he is talking about historical difficulties.

SmithHon Dr Nick Smith Link to this

Does it make sense, on a day when the Christchurch Press and other media lead with stories of power shortages, for the Waitaki River, which is our most important power resource, to be held up with further delays over a water plan that has now been 4 years in the making, and will he take responsibility for his mess in the Resource Management Act if the lights go out for tens of thousands of New Zealanders next winter?

Benson-PopeHon DAVID BENSON-POPE Link to this

I find a certain irony in that member speculating about the lights going out, but what I would say is that I have confidence in the courts to make appropriate decisions in this matter.

SmithHon Dr Nick Smith Link to this

I seek the leave of the House to table the appeal of Mr Bevan Wilkie of Whangarei, citing treaty reasons for his High Court appeal against the Waitaki water plan.

WilsonMadam SPEAKER Link to this

Leave is sought to table that document. Is there any objection? There is objection.

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