Course Description The course assesses the historic justification for planning and environmental regulation. It considers the development and objectives of sustainable management and its application in New Zealand. The systems for governance and implementation of the Resource Management Act 1991 (RMA) are covered. The course will also accommodate significant anticipated law reforms in this area of the law as they occur. The RMA material will involve consideration of the central and local government agencies responsible for policymaking, planning and decision-making under the RMA. National policy statements, national environmental standards, the New Zealand Coastal Policy Statement, regional policies and plans, and district plans prepared by central and local government will be examined, including the following specific issues: • The international concept of sustainable development and the concept of sustainable management as implemented in the RMA; • Resource management reform and New Zealand’s environmental institutions; • Central and Regional government resource management policy formulation and implementation; • Regional and Territorial government planning and decision-making processes; • Resource consent applications and procedure, notification and assessment issues, and consent conditions; • Protection of historic heritage, the coast, and outstanding landscapes; • Issues relating to Māori, Treaty of Waitangi/Tiriti o Waitangi, participation and cultural heritage; • Requirements and designations for public works and utility infrastructure; • The application of the RMA to selected natural resource development; • Climate change and renewable energy developments;• Practice and advocacy before consent authorities and the Environment Court; • Enforcement options under the RMA; and • Current RMA law reform initiatives. Subject to availability, guest lectures will be provided on RMA practice-related aspects. There will also be an experiential element where students will be involved in a role-play exercise preparing arguments for a consent application, or an appeal, culminating with a 'hearing' chaired by an experienced Barrister or Judge.
Content Outline The Resource Management Act 1991 (RMA) is the main focus of the course which aims to introduce participants to the environmental and regulatory systems applying in New Zealand in respect to the use of land, air and water. It is anticipated there will be significant law reform initiatives that will be implemented in the 2025-26 period and the course will accommodate these changes as much as possible. While the RMA remains the primary legislative regime, the course will address the philosophy and objectives underlying environmental and resource management law, and the legal mechanisms used in regulating activities and governance under that Act. As anticipated law reforms occur, they will be integrated into the course. There will also be an experiential element included in the latter part of the course involving a role play of a consent application or appeal. The course will benefit persons likely to be involved in general legal practice, natural resource management, local government and property. It will provide knowledge and skills to understand the policymaking, planning and consent application processes before local authorities and the Environment Court. Course Rationale Planning, environmental and resource management regulation based on principles of sustainable management of human interactions with, and within, ecological systems is now an integral part of the New Zealand legal system. Persons with legal skills are necessary participants in the making and implementation of environmental and planning law and policy, principally delivered under the RMA, or its successor legislation, in New Zealand. The giving of advice to landowners and developers, local authorities and community groups is a significant function for lawyers and other professionals. Lawyers and planners may present submissions on the content of planning instruments such as national policy statements, regional policy statements and plans, and district plans. Housing strategies, landscape protection, transportation and infrastructure, environmental remediation, aquaculture, heritage, mining and natural resource development, and Māori cultural issues are further areas of practice. Advice on alternative dispute resolution, and representation before council committees, consent authorities, and the Environment Court, are also important roles for lawyers and expert witnesses.