Environmental law

Natural Built Environment and Spatial Planning Bills now introduced to Parliament

Yesterday, 15 November 2022, both the Spatial Planning Bill (SP) and the Natural and Built Environment Bill (NBE) were introduced to Parliament.  These bills are two of three sister pieces of legislation intended to replace the Resource Management Act 1991.  The Climate Adaption Bill, being the third sister, is yet to be introduced.

The NBE has been on a journey to date with an initial, brief exposure draft being released in June 2021.  Since then there has been increased speculation about whether the three sisters will indeed result in a simplified system, that better protects the environment whilst supporting use and development.  With several readings and Committee reviews yet to be completed the jury is still out.

With the bills now available for review however we can start making our way through the collective 891 pages (just shy of 100 pages more than the Resource Management Act 1991).

At first blush the intention to simplify may seem to be a lost opportunity, particularly having regard to the as yet somewhat opaque relationship of the three sisters and the ripple effect for related legislation.  However, some simplification is already apparent, for example with a proposed reduction of the number of existing management plans from over 100 to less than 20.

There are echoes of the Resource Management Act 1991 throughout the bills, with a repetition of familiar language and phrasing.  These need to be seen in the context of the proposed changes which are yet to be fully understood and may well change throughout the various readings in Parliament over the next weeks and months.

If you are interested in understanding the process these bills will go through and your opportunity to be involved, we’ve added some helpful links below.

Get in touch with us, so we can help you and your people better prepare and engage in this significant change to our legal and business landscape.

https://www.parliament.nz/en/visit-and-learn/how-parliament-works/how-laws-are-made/how-a-bill-becomes-law/

https://www.parliament.nz/en/pb/bills-and-laws/bills-proposed-laws/document/BILL_129831/natural-and-built-environment-bill

https://bills.parliament.nz/v/6/5e622cec-50a3-427b-be27-6282d64e6c71?Tab=history

Barbara Mead

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