The recently announced review of the Resource Management Act 1991(RMA) has been talked about for some time, and was a key Labour Party policy prior to the election.
There is almost universal agreement that changes to the RMA are required, but very different views about the required scale and focus.
The RMA has often been blamed for preventing or slowing the development of housing and infrastructure developments. These two keys issues are within the scope of the upcoming review.
The Expert Advisory Group will be capably led by retired Justice Randerson. However, even with his skills and experience, it is difficult to imagine that the report due in mid-2020 will manage to resolve all "issues" with the RMA in accordance with the brief. The report is only the first step. Any amendments to the RMA will require political and community support. This means any amendments will not be progressed ahead of the next election.
The list of issues to be addressed by the review is exceptionally broad — everything from strengthening environmental bottom lines, to spatial planning and addressing climate change risk. The scope also includes addressing planning system capability and capacity. This is helpful because those who work with the RMA in trying to progress infrastructure projects on a daily basis experience the pressure that local authorities are under in processing consents and the time and cost delays resulting from a lack of resourcing. Amendments which lead to tighter timeframes for processing consents will have limited success where councils lack resources to meet them.
So, what opportunities does the review open up for infrastructure providers? The focus on spatial planning and objectives for infrastructure development has the potential to direct a longer-term and more co-ordinated approach to the way we develop our cities and the infrastructure needed to support them. Those working in the infrastructure space should take this opportunity to be heard.
• Marija Batistich, is a partner in the Environment and Planning team at Kensington Swan