Resource Management Act

The Resource Management Act (RMA) is legislation, administered by Regional Councils, which focuses on the sustainable management of New Zealand’s natural and physical resources.

The Resource Management Act (RMA) is legislation, administered by Regional Councils, which focuses on the sustainable management of New Zealand’s natural and physical resources. Thus, the management of New Zealand’s freshwater resources occurs within the framework of the RMA. The RMA sets out “matters of national importance” which must be recognised and provided for by all persons who exercise functions and powers under the Act.

These include:

  • The preservation and protection of the natural character of wetlands, and lakes and rivers and their margins
  • The protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna
  • The maintenance and enhancement of public access to lakes and rivers
  • The relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tapu, and other taonga.

The RMA also requires all persons exercising functions and powers under the Act to have particular regard to (among other things):

  • Kaitiakitanga
  • The efficient use and development of natural and physical resources
  • The maintenance and enhancement of amenity values
  • Intrinsic values of ecosystems
  • Maintenance and enhancement of the quality of the environment
  • Any finite characteristics of natural and physical resources
  • The protection of the habitat of trout and salmon.

In addition, all persons exercising functions and powers under the Act are required to take into account the principles of Te Tiriti o Waitangi.

In considering an application or submission for a Resource Consent, the RMA imposes a duty on all people to avoid, remedy, or mitigate adverse effects on the environment. The Act also contains restrictions on discharging contaminants into water and on the taking, use, damming, or diversion of water, and certain uses of the beds of lakes and rivers.

The Act does not prescribe particular standards; many acceptable practices will be established through case law. Establishing Resource Consents will set benchmarks for standards, and monitoring will be required to assess any significant adverse environmental impacts. If these are detected, standards could then be modified.

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