Implications of the Resource Management Act 1991 for the marine farming industry in New Zealand

Abstract

In October 1991 the Resource Management Act was introduced. It was an unprecedented piece of legislation which resulted in fundamental changes to resource management in New Zealand. The purpose of the Act is to promote the sustainable management of natural and physical resources. This involves working towards the achievement of three goals: ecological soundness, economic viability and social justice. This thesis examines the marine farming industry in New Zealand which has the potential for development within the purpose and principles of the Act.

Prior to 1991, there were several obstacles arising from the institutional arrangements and the political situation which prevented the marine farming industry from realising its development potential. The aim of this thesis is to; identify and analyse these obstacles, determine the extent to which the Resource Management Act (1991) has eliminated or reduced them, and suggest options for change where they remain. It is argued that while the Resource Management Act (1991) provides a significantly improved framework for the management of the coastal marine area and marine farming industry, a number of crucial areas remain inadequately addressed.

At this early stage of implementation it is difficult to foresee the longer term implications of the Resource Management Act (1991) for the marine farming industry. Normally it is over a period of years that case law develops to the point where the practical effect and meaning of many provisions can be fully understood. Consequently this thesis is not attempting to analyse the finer points of the law or the interpretations of the purpose of the Act. It attempts to identify whether or not, and if so how, the Resource Management Act 1991 has addressed the obstacles identified in the previous legislative regime, and evaluate whether the marine farming industry is more likely to realise its development potential in the future. The recent introduction of the Resource Management Amendment Bill into Parliament means that the latest reforms and their implications have not been included in this thesis.