Thirty years on - Equity and agricultural land under New Zealand's RMA

Abstract

New Zealand's Resource Management Act 1991 was hailed as world leading for its focus on sustainable management and its incorporation of an effects based approach to planning. Thirty years on it is subject to challenges on all sides leading to a promised major reform in 2021. Part of the drive for reform has been the moves to fully implement it over the last decade that has had particular impact on agricultural land and the rights of landowners vis a vis the rights of the community to freshwater and the rights of the indigenous Maori. In this paper, I review the issues that have caused landowners the most concern at the derogation of their property rights. This draws on an analysis of key case law and government policies and local government plans, using the Selwyn District as a case study for illustration. Selwyn is a predominantly agricultural area just outside Christchurch that is one of the most rapidly urbanising parts of New Zealand and also faces significant issues with regard to overallocation of water rights, freshwater quality and loss of indigenous biodiversity. The analysis highlights the difficulties of implementing excellent legislation when property rights of the community and indigenous people clash with landowners.