Under the RMA, T As are charged with the overarching responsibility of achieving 'integrated management of the effects o/the use, development, or protection of land and associated natural and physical resources of the district ' (MfE, 1 997). This responsibility orientates toward local i nfrastructure and services, particularly in regard to the control of subdivision, noise, and impacts on land and surface waters (Figure 2.4). T As are required to ful fil these responsibilities by preparing district plans, issuing resource consents, taking enforcement action, and by
monitoring both tlle state of the environment (SoE) and the effects of their own decisions (MfE, 1 999).
In conjunction with tlle LGA, territorial authorities also have responsibilities for water supply, land development, managing parks & reserves, some transport, sewage and storm-water drainage, and other similar public works.
TERRITORIAL AUTHORITY RESPONSIBlUnES
1) To set objectives, policies & methods for the 3) Control of subdivision integrated management of the effects of the 4) Control of noise use, development & protection of land & 5)
Implementation of Rules for natural hazards &
associated natural & physical resources
hazardous substances
2) Control of the effects of the use, development 6) Control of the effects of surface activities on lakes
& protection of land & rivers
Figure 2. 4: Territorial Authority responsibilities under the RMA (adaptedfrom Cur/wm, 1 992).
2. 1. 2. 3
Regional authority responsibilities
RAs are afforded the most responsibility under the RMA, expressly to achieve the integrated management of
natural and physical resources across their ex1ensive regions. They are given 'primary responsibility' for the management of most biophysical resources (Figure 2.5) particularly in regard to managing the quality and quantity of fresh water, soil conservation, and the discharge of contaminants (pollutants). They must also manage activities that impact on coastal marine areas (alongside tlle Department of Conservation), for which they are
required to prepare a regional coastal plan. They also have functions relating to civil defence, drainage and tlle
management or control of pests and weeds.
REGIONAL AUTHORITY RESPONSIBILITIES
1) To set objectives (policy stotement) for 4) Responsible for pollution - the discharge of
integrated management of the natural & contaminants to land, air & water physical resources of the region
2) Primary responsibility for the management of 5) Control of the introduction of plants into the
beds of freshwater bodies for certain purposes
water, soil & geothermal resources
3) Mitigation of natural hazards 6) Management of coasts
Figure 2. 5: Regional AlIlhorily responsibililies under IIIe RMA (adapledfrom Curham, 1992).
Along Witll coastal plans, RAs are requi red to spell-out their RM objectives in regional policy statements (RPS).
These statements consider issues of regional significance. the regional community's environmental goals, and outline actual policy regarding the management of air, land and water. Regional councils may also prepare
regional plans for these and other resources, although this is not mandatory. However, if a council is to develop
i t ' s own rules (regulatory conditions of local resource use), then these rules must be contained within a regional
plan . All of NZ's regional councils have opted to prepare regional plans, while unitary councils may integrate tllis
regional dimension into tlleir district plans.
Forthcoming policy and plans must be consistent with central government directives such as national policy statements. They must also adhere to the principles and guidelines laid down in the RMA, including the somewhat unconventional (c! to most other types of legislation) requirement of RAs to assess non-regulatory means of bringing about their desired RM objectives and policies.
2. 1 .3 P R ECAUTI ONARY ApPROACH
The RMA recognises that human activities can adversely impact on the integrity and value of resources (i. e.
RMA: Section 5). Such impacts are to be managed as effects, through the three management options of
avoidance, remediation, or mitigation (RMA; Section 1 7). Choosing the most appropriate option for a given
activity (i. e. one that is equitable and fair, while at tlle same time having the least practicable impact on resource
and environmental quality), requires a sound understanding of llie effects that may associate with that activity.
We can never have complete understanding. As discussed in Chapter I , we are far from fully understanding the dynamic complexity of environmental systems, particularly those willi a biological component. Likewise, we cannot predict the future with absolute certainty. I n short, we can never really be l OO% sure about what the long teon consequences of our actions or activities may be. This predicament is often expressed as having incomplete information.
RM decision-making does not cease in the absence of understanding or infonnation. Rather, decisions are made according to available information, in conjunction with a consideration of risk. That is, the potential benefits of a decision (e.g. increased well-being, health or safety) are weighed against potential undesirable consequences (e.g.
resource depletion, biodiversity loss, etc. ) . A decision-making process that seeks to minimise the risk of undesirable consequences is said to be precautionary.
A precautionary approach to RM decision-making can be described as taking all practicable and reasonable steps to ensure decisions are sound and responsible. Put another way, available information must be considered, potential risks should be evaluated, and then the final decision should be based on a level of risk deemed acceptable. Because an 'acceptable level of risk' can vary widely between individuals, the RMA suggests a conservative approach to RM, whereby the risk of adverse effects is to be minimised (principally) for the good of the conununity and future generations.
Many RAs explicitly state a precautionary approach to RM decision-making in their regional policy statements, particularly as it relates to the consent process. If an activity is well-understood then it is afforded the status of
permitted, prohibited or controlled, while activities associated with incomplete understanding are assessed on a case-by-case basis as discretionary or non-complying activities. In doing so, RAs seek to minimise the risk of adverse environmental effects when i nfonnation is limiting.
2 . 1 .4 THE SECTION 32 TOOLBOX
Under Section 32 of the RMA, local authorities (and central government) are strictly requi red to examine in detail, and justify. the way in which they intend to promote sustainable management within their respective jurisdictions. A key duty involved in this process, is the identification and consideration of alternative means -
other than just regulation -through which RAs and other administrative decision-makers can bring-about their intended RM outcomes. Along with regulation, these ' alternative means' are regarded here as policy instruments. Policy i nstruments represent approaches and tools through which RAs and other government decision-makers, can bring into effect (i mplement) their intended RM actions (objectives, policy and plans). In this sense, policy i nstruments represent the interface between desired and actual RM outcomes (the proverbial 'coalface'), and can therefore have a large determining influence on the effectiveness of official efforts to promote sustainable management.