Copyright is owned by the Author of the thesis. Permission is given for a copy to be downloaded by an individual for the purpose of research and private study only. The thesis may not be reproduced elsewhere without the permission of the Author. Councils’ use of the RMA and LGA in Coastal Development Decisions: Towards Sustainability A thesis presented in fulfilment of the requirements for the degree of Master of Resource and Environmental Planning at Massey University, Palmerston North, New Zealand. Angela Maureen Bell 2009 II III Abstract The Resource Management Act 1991 (RMA) gave councils a mandate and an obligation to promote sustainability. Along with this it also introduced an expectation that the environment will be better managed than previously. Evidence shows that the environment is continuing to be degraded. This is especially evident in the coastal environment where in the early 2000s there has been unprecedented development pressure. The addition of the Local Government Act in 2002 (LGA) has strengthened councils’ sustainability mandate by stipulating a sustainable development approach and supporting processes and principles. Because the RMA and LGA have a similar sustainability directive there has been a push to utilise the compatible strengths that the LGA offers to enhance the outcomes achieved through RMA decisions, therefore, integrating and aligning the LGA and RMA. This research used case studies, including interviews, to examine how councils use their RMA and LGA mandates in coastal development decisions. The research found that currently there is little integration of the LGA’s requirements and sustainability direction in RMA coastal subdivision decisions. The case study analysis showed that using the principles and processes in the LGA and also a council’s policies, strategies, and plans other than RMA documents would provide up to date policy direction and contextual information that would be useful for RMA decisions and could provide a more sustainable outcome if used. The case studies identified a significant number of barriers to achieving sustainability through the RMA, including that much of the policy direction in RMA planning documents is not considered in deliberations. A number of these barriers are also likely to reduce attempts to integrate and align the LGA and RMA, unless they are addressed. IV Acknowledgments Investigation into a council’s decisions can be uncomfortable even though it adds to a body of research and understanding about particular situations. I am therefore very appreciative of the council officers and elected members interviewed at Horowhenua District Council and Gisborne District Council for their co-operation and honesty. Special thanks to my supervisor Christine Cheyne for her time, guidance, knowledge, and support throughout this research. It has been a long road to completion and the encouragement given by Christine is truly valued. My previous supervisors Meredith Gibbs and Ryan Walker, thank you for guiding my original ideas and thoughts into something tangible. My family and friends, thank you for supporting me throughout this very long process and understanding why I couldn’t enjoy spending long summer days with you. Special thanks to Hamish and Maureen. V List of Acronyms and Abbreviations AEE Assessment of Environmental Effects ASCH Area Sensitive to Coastal Hazards CDEM Civil Defence and Emergency Management GDC Gisborne District Council GUCS Gisborne Urban Coastal Strategy HYS Horowhenua Youth Strategy LGA Local Government Act 2002 LGNZ Local Government New Zealand LIUDD Low Impact Urban Design and Development LTCCP Long Term Council Community Plan MAF Ministry of Agriculture and Forestry MfE Ministry for the Environment MHWS Mean High Water Springs NIWA National Institute of Water and Atmospheric Research NZBCSD New Zealand Business Council for Sustainable Development NZCPS New Zealand Coastal Policy Statement OECD Organisation for Economic Co-operation and Development PAS Positive Aging Strategy PCE Parliamentary Commission for the Environment PUCM Planning Under a Cooperative Mandate PMA Protection Management Area SH State Highway RPDLW Proposed Regional Plan for Discharges to Land and Water, Waste Management and Hazardous Substances VI RMA Resource Management Act 1991 RPS Regional Policy Statement UNCED United Nations Conference for Environment and Development WCED World Commission on Environment and Development VII Table of Contents Abstract III Acknowledgments IV List of Acronyms and Abbreviations V Table of Contents VII List of Figures and Tables X Chapter 1: Introduction 1.1 Introduction 1 1.2 Research Question 2 1.2.1 Limitations 3 1.3 Key Concepts 3 1.3.1 Sustainable Development 3 1.3.2 Degradation of the Coastal Environment 4 1.3.3 RMA and LGA Working Together 5 1.4 Thesis Outline 6 1.5 Conclusion 7 1.6 Postscript 7 Chapter 2: Background 2.1 Introduction 8 2.2 The State of New Zealand’s Environment 8 2.2.1 Coastal Degradation 10 2.3 Towards Sustainability in New Zealand 11 2.4 Interpreting Sustainable Development 12 2.5 The Resource Management Act 1991 16 2.5.1 The Sustainable Management Purpose 16 2.5.2 Principles Underlying the RMA 17 2.5.3 RMA Documents 18 2.5.4 The Resource Consent Process 19 2.5.5 Barriers to Implementation of the RMA’s Purpose 21 2.6 The Local Government Act 2002 23 2.6.1 The Sustainable Development Purpose 23 2.6.2 Principles Underlying the LGA 25 2.6.3 The LGA in Practice 27 2.7 Integration of the RMA and LGA 28 2.7.1 One Strategic Vision 28 2.7.2 Consultation 29 2.7.3 Decision-making 30 2.7.4 Monitoring 31 2.8 Conclusion 31 VIII Chapter 3: Methodology 3.1 Introduction 32 3.2 Methodological Approach: Performance Based Assessment 33 3.3 Case Study Research 35 3.3.1 The Number of Case Studies 36 3.3.2 Criteria Used to Select Case Studies 37 3.3.3 Interviews 39 3.4 Data Collection 40 3.5 Data Assessment 41 3.5.1 Qualitative Assessment and a Performance Approach 41 3.5.2 Analytical Framework 42 3.6 Limitations 43 3.7 Conclusion 44 Chapter 4: Coastal Subdivision at Waitarere- Data Presentation and Analysis 4.1 Introduction 45 4.2 Justification for Case study Selection 45 4.3 Case Study Context 46 4.3.1 Overview 46 4.3.2 Consent Application Details 48 4.3.3 Planning Considerations 49 4.3.4 Public Notification 50 4.4 Data Presentation and Analysis 51 4.4.1 The Officer’s Report 52 4.4.1.1 RMA Plans and Statutory Provisions 52 4.4.1.2 Non-RMA Policy Documents and the LGA 67 4.4.2 The Decision Report 75 4.5 Conclusion 78 Chapter 5: Coastal Subdivision at Tatapouri- Data Presentation and Analysis 5.1 Introduction 80 5.2 Justification for Case study Selection 80 5.3 Case study Context 81 5.3.1 Overview 81 5.3.2 Consent Application Details 82 5.3.3 Planning Considerations 84 5.3.4 Public Notification 85 5.4 Data Presentation and Analysis 86 5.4.1 The Officer’s Report 87 5.4.1.1 RMA Statutory Provisions and Plans 87 5.4.1.2 Non-RMA Documents and the LGA 107 5.4.2 The Decision Report 114 5.5 Conclusion 116 Chapter 6: Analysis of Interviews 6.1 Introduction 117 6.2 Analysis 117 6.2.1 Approach to Assessing the Application 117 6.2.2 Limitations of the District Plans 120 6.2.3 Leadership and Political Commitment 121 6.2.4 Understanding of the LGA and RMA 124 IX 6.3 Conclusion 126 Chapter 7: Discussion 7.1 Introduction 127 7.2 Integration and Alignment of the LGA and RMA 128 7.2.1 Strategic Vision 128 7.2.2 Using Policy Direction to Achieve the Sustainable Vision 129 7.2.3 Consideration of LGA Responsibilities and Direction 130 7.3 Limitations to Considering and Applying Policy Guidance 132 7.3.1 Planning Practice 133 7.3.2 Weaknesses in Planning Documents 135 7.3.3 Coastal Land Not Valued 136 7.3.4 Political Commitment 136 7.3.5 Local Government’s Role Not Well Understood 137 7.3.6 Lack of Understanding of Sustainability 138 7.4 Conclusion 138 Chapter 8: Conclusion 140 References 143 Appendices Appendix 1: Legislation 153 Appendix 2: Ethics 165 Appendix 3: Case Study Tables 169 Appendix 4: Interview Questions 177 X List of Figures and Tables Figure 2.1- Weak Sustainable Development 13 Figure 2.2- Strong Sustainable Development 14 Table 7.1- Limitations to achieving a sustainable outcome 132