NZAIA's submission on the Natural and Built Environments Bill - 2023

NZAIA supports the broad changes represented by the NBA Bill, in particular the emphasis on strategic level plans, and more directive outcomes and targets. NZAIA particularly commends the emphasis on effects assessment in the Bill, but we have concerns about some of the provisions:

We are concerned that the Decision-making Principles (s6)(1)(b-d) place so much emphasis on achieving outcomes, that managing effects could become secondary to achieving those outcomes, to the detriment of the environment.
We recommend the inclusion of a coherent framework for effects assessment, based on international SEA models, set out in the NPF, that would link with the Effects Management Framework, and effects assessment and management requirements in the Spatial Planning Strategies. More specifically we recommend revising Schedule 7, cl 25, to give plan evaluation reports a more explicit strategic assessment role.
We strongly recommend either the inclusion in Schedule 10 of an indicative (not prescriptive) model of how environmental assessments would normally be carried out, based on internationally recognised good practice principles; or a revision of clauses 6 and 7 of Schedule 10 regarding the content of AEEs to reflect more clearly underlying good practice principles.
NZAIA supports the recognition of Adaptive management (AM) (s86) as an important management tool, but we are wary about its potential abuse. We recommend that s233(3) be revised.
We believe that disregarding “any effect on scenic views from private properties” rules out legitimate visual impact concerns of communities that are not simply NIMBYism.

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NZAIA's submission on the Freshwater Farm Plan regulations document - 2021

NZAIA's submission makes a number of recommendations for:

a procedure and thresholds for determining and screening the need for consents;
additional emphasis on the incorporation of iwi planning documents;
encouragement of consultation with tangata whenua and stakeholders;
clarification of the terms impact assessment and risk assessment;
the use of SEA in regional freshwater plans; and
compensatory schemes.

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NZAIA's submission on the Exposure Draft of the Natural and Built Environments Bill - 2021

We are unconvinced of a need for the new legislation. Over its lifetime the RMA has been amended to keep up with changing times, needs and knowledge and Governments have, since 2010, commenced providing national direction through national policy statements that had previously been absent. We consider a change in law at this time will provide a significant setback for the environment (including humans). The transitional period will be challenging and costly. There will be inevitable court action to clarify the application of the new legislation and it will take considerable time to put in place the proposed new National Framework and implement it at a local level.

If the Bill proceeds we consider it is essential to strengthen provisions for impact assessment in the legislation.

NZAIA's submission on Te Waihanga/New Zealand Infrastructure Commission's consultation document He Tūāpapa ki te Ora/Infrastructure for a Better Future - 2021

We welcome the recognition in the document to wider environmental, social and cultural impacts, both beneficial and adverse, of infrastructure development. However, the treatment of those impacts does focus mainly on biophysical aspects, especially water and air, and less on the potential impacts on people and communities. Moreover, little consideration is given to promoting decision-making processes that embed impact assessment thinking, especially at the policy and plan-making levels. Where processes are discussed they are seen very much through the economic lens, with heavy emphasis on Cost Benefit Analysis, and the expectation that impacts of all types will be amenable to quantification. In our view these problems will lead to inadequate consideration of wider adverse implications of infrastructure development.

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NZAIA's submission on the Climate Change Commission's Draft Advice to Government - 2021

The Commission’s advice report places a great deal of stress on recognising the impacts of emission reduction budgets and strategies, as part of the concern for equitable outcomes. However, the treatment of impacts is seen very much through the economic lens, and includes impacts on GDP, on market share, on the wellbeing of businesses of various kinds, and especially on employment. We accept this needs to be the starting point of the analyses, for sound policy reasons. However, in our view there are deficiencies in the further consideration of impacts, especially in the social area.

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NZAIA's submission on the COVID-19 Recovery (Fast-track Consenting) Bill - 2020

NZAIA supports the overall analysis and the recommendations in the submission from the Environmental Defence Society (EDS). NZAIA recommends that:

the public be allowed to comment on listed and referred projects;
the EPA reviews the quality of the AEEs early in the process to ensure they are adequate;
resources be made available to iwi and hapu involved in producing cultural impact assessments; and
a rapid SEA framework to allow the EPA to maintain a strategic overview of cumulative impacts.

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NZAIA's submission on the Urban Development Bill - 2020

NZAIA supports the overall analysis and many of the recommendations in the submission from the Environmental Defence Society (EDS). In particular, while we fully support the need to address urgent issues such as housing, we believe that urban planning and development needs to take place within the wider framework of environmental and resource management, and that the long term solution to more integrated planning for urban development lies with reform of the RMA.

NZAIA also strongly endorses EDS’ concern that environmental protection be seen as a critical part of good urban development, not an obstacle. Given the role of NZAIA in promoting and supporting impact assessment in Aotearoa New Zealand, we also have more specific comments on the Specified Development Project process and the Development Plan process.

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NZAIA's submission on the Discussion Paper Transforming the resource management system: opportunities for change - 2020

NZAIA believes this emphasis on impact assessment must be retained as an integral part of any future environmental/resource legislation. Further, we strongly recommend greater, and more explicit, use of impact assessment tools at the strategic levels of decision-making (policy and plan making in particular).

The discussion paper alludes several times to the emphasis on “effects-based” philosophy of the RMA, in the context of the lack of focus on environmental outcomes in the RMA, and the lack of strategic planning processes. It is important to recognise that these problems are not the result of a strong effects-based approach. They reflect how the Act was finally written. In fact, a greater emphasis on outcomes, and stronger strategic planning frameworks would both benefit from well designed impact assessment processes.

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NZAIA's submission on the Climate Change Response (Zero Carbon) Amendment Bill - 2019

The purpose of the Climate Change Response (Zero Carbon) Amendment Bill is to provide a framework for a stable policy environment with a clear emissions target and a guided pathway to get us there.

The amendment bill proposes four key things.

Set a new greenhouse gas emissions reduction target to reduce all greenhouse gases (except biogenic methane) to net zero by 2050, and to reduce emissions of biogenic methane within the range of 24–47 per cent below 2017 levels by 2050 including to 10 per cent below 2017 levels by 2030;
Set a series of emissions budgets to act as stepping stones towards the long-term target;
Require the Government to develop and implement policies for climate change adaptation and mitigation; and
Establish a new, independent Climate Change Commission to provide expert advice and monitoring to help keep successive governments on track to meeting long-term goals.

NZAIA identified that there is an opportunity to advocate as an organisation for the best practice use of impact assessment in this proposed law. Our main concern is that too much emphasis is placed on the role of risk assessment in the policy and plan making processes, with too little emphasis on understanding the impacts of the potential mitigation and adaptation strategies and plans.

Impact assessment approaches and methods have an equally important role to play as risk assessment, and require a stronger mandate in the Bill. As it stands the Bill contains a number of requirements that would clearly benefit from the use of impact assessment methods. We consider there should be explicit reference to the use of such methods, to ensure more consistent, effective, equitable, and sustainable policy and plan development, particularly with respect to adaptation responses.

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Past NZAIA Submissions

Submission to the Ministry for the Environment : Clean Water 2017
April 2017

The Government consulted on proposals to improve the management of our lakes, rivers and other waterbodies. The proposals were part of the Clean Water package 2017. The proposals were:

amendments to the National Policy Statement for Freshwater Management 2014
keeping stock out of waterways.