'The straw that broke the camel's back': An evaluation of the practice of cumulative effects assessment at six local authorities: A dissertation submitted in partial fulfilment of the requirements for the Degree of Master of Applied Science in Environmental Management

Abstract

Cumulative effects are incrementally additive effects which become significant at a certain point. Cumulative effects assessment (CEA) is the process of assessing the cumulative effects of a project or policy. Such cumulative effects currently form a major environmental issue in New Zealand, as does the process of CEA. The literature surrounding CEA shows in explicit detail that it is a very challenging process, fraught with difficulties. Cumulative effects are inherent within the Resource Management Act 1991 (RMA) and are required to be addressed by local authorities when; developing plans, assessing resource consent applications, and undertaking other tasks in order to prevent the cumulative degradation of our country’s resources. This research undertaken in this dissertation investigates the different approaches that six local authorities have taken towards addressing cumulative effects and explores the constraints that each of those local authorities face.

A multiple case study approach was adopted that involved semi-structured interviews with both a policy planner and a consent planner from each of the following case study local authorities: Environment Canterbury, Otago Regional Council, Christchurch City Council, Dunedin City Council, Waimakariri District Council and Queenstown-Lakes District Council. These interviews provided a valuable insight into the practice of CEA at the local authority level, despite the limited generalisability of the case study approach.

Literature surrounding the CEA process was reviewed throughout the research aspect of this dissertation, and the common themes and constraints of CEA practice were compared to form an evaluative framework that presented the findings. The findings showed that the primary approach adopted is the strategic setting of qualitative and quantitative standards through plans (both regional and district). There is a clear difference between the local authorities in the level of consideration that each gives to cumulative effects within their own various plans. From primary consideration at the plan development stage, down to the inclusion of specific rules and assessment matters and project level CEA. The lower the level of consideration within a plan the more likely it is that project level CEA is carried out hence more specific, detailed CEA is promoted.

Throughout the local authorities studied, a range of methods for regulating adverse cumulative effects were adopted. A major weakness of practice is the lack of thresholds (or means) for determining when an increment will become significant and be ‘the straw that broke the camel’s back’.

This determination of cumulative significance forms the crux of the difficulties surrounding CEA. The ‘case by case’ approach adopted by judicial determinations stemming from the RMA makes assessing individual applications for their contribution to cumulative effects a major challenge. Proving any cause-effect linkages of a significant cumulative effect is also difficult when dealing with small scale increments. The interpretation of the precedent effect and permitted baseline issues provide other factors that add to the complexity of CEA practice.

The consideration of cumulative effects in plans down to the low policy level should be emphasised as a practical means of enhancing CEA by both applicants and local authorities when assessing applications. The use of checklists, specific to cumulative effects, should be promoted and adopted to ensure that sufficient consideration is being given to cumulative effects. Planning practitioners need guidance on the most effective approaches to adopt.

As a result of this dissertation, it was concluded that the RMA should be amended in order to place a stronger emphasis on cumulative effects in both district and regional plans and assessments of environmental effects (AEEs). Research should be undertaken into the practical effectiveness of strategic tendering for resources susceptible to cumulative degradation, and also into the outcomes of the various approaches to CEA examined in this dissertation. CEA is a practice that needs to be constantly developed and reviewed in order to promote effective outcomes.