By way of background, phase II of the Resource Management Reform Programme focuses on the issues relating to particular sectors and the need for improved interaction between the Resource Management Act (RMA) and other statutes. It has ten related work streams. The first four streams relate to aquaculture, infrastructure, urban design and water. The reforms also seek to develop the scope, functions and structure of the proposed Environmental Protection Authority. The next four work streams involve the better alignment of the Resource Management Act processes with those of the Building, Conservation, Forests, and Historic Places Acts. The final stream involves a number of generic RMA processes that were too complex to include in Phase I of the reforms.

In January 2010, the government appointed two technical advisory groups (TAGs) to review policy around urban planning and infrastructure. TAG recommendations were received by the government and have now been refined and included in a discussion document entitled Building Competitive Cities - Reform of the Urban and Infrastructure Planning System which has been released for consultation by the Ministry for the Environment. The discussion document will be of interest to developers, infrastructure providers and resource management consultants.

Problems with the current system and options for reform

The discussion document identifies a number of problems with the current statutory framework for urban planning and infrastructure project development. These include inadequate recognition of the urban environment in the RMA, an overly complex planning system, lack of clarity and inflexible approval processes.

The document puts forward a number of possible options to address the problem issues identified. In the area of planning and urban design these include:

  1. Recognising the urban environment in the RMA by broadening the Act's definitions and by making specific reference to urban environment in the Act.
  2. Extending the scope of a proposed national policy statement on urban design to give increased direction and clarity around high level issues such as providing land supply and addressing housing affordability.
  3. Improving the effectiveness of spatial planning in Auckland by requiring regional and local RMA and Local Government Act plans to 'give effect to' or 'be consistent' with the Auckland spatial plan. The planning framework for the city could also be simplified by replacing RMA policy statements and plans with a requirement for a single plan.
  4. Improving regional and local plans by introducing a standardised national template. This could include a common structure and set definitions, or other mechanisms to give local authorities greater certainty in the implementation of national direction.
  5. Enhancing mechanisms to create large areas of land to improve land supply, housing choice and affordability by extending the scope of the Public Works Act to enable local authorities to compulsorily acquire and amalgamate land for major urban regeneration projects.

Options for addressing issues associated with infrastructure development include:

  1. Increasing national direction and consistency through the use of national standards. One option would be to allow certain aspects of infrastructure, construction and operation to be conducted without the need to apply for approval as long as the standards were met.
  2. Changing eligibility for 'requiring authority' status (which allows infrastructure providers to obtain designations and acquire land under the Public Works Act) by extending eligibility to a broader range of infrastructure types, particularly providers of ports and electricity generation.
  3. Facilitating long term infrastructure planning by introducing a new optional 'concept designation' process into the RMA which would enable corridors and sites to be protected for future development, even where funding and final design has not been finalised.
  4. Streamlining approval processes by creating a single approval process for nationally significant infrastructure projects (providing all necessary approvals and a single point of appeal) and improving investment certainty for resource consents by introducing a new streamlined process for re consenting existing activities.
  5. Introducing independent decision making for some designations and establishing a clear decision making framework by providing greater national direction.

Submissions

The closing date for submissions is Friday 17 December 2010.

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