Signposting the national policy statement assessment process : Submitted in partial fulfilment of the Master of Science (Resource Management) degree at Lincoln University

Abstract

Executive Summary:

Contained within the 433 sections of the Resource Management Act 1991 is the provision for the Government to state policies on matters of national significance via the development of National Policy Statements (NPSs). To date, however, this central government policy tool has been given a wide berth. Other than the mandatory New Zealand Coastal Policy Statement, no optional NPSs have been developed. Central government appears to have preferred to stay out of the environmental policy limelight.

The ongoing problems that councils are experiencing in implementing the RMA, however, has meant that in recent times, strong pressure has been placed on the government to start making a more committed effort to the development of environmental policy. National Policy Statements are the policy vehicle being targeted by the advocates of greater central government intervention. The Labour party responded to this pressure by promising in its 1999 election manifesto to prepare a series of NPSs.

Amidst this somewhat emotive backdrop, this report stresses the importance of approaching the development of NPSs in an informed manner. Rather than making a decision to prepare a NPS in the heat of the moment, it is advised that a thorough analysis aimed at assessing the strengths and weaknesses of a NPS be first carried out. Careful thought must be given to evaluating whether a NPS really does have the capacity to achieve the objectives being sought.

In an effort to facilitate such an analysis and to bridge the dearth of literature presently available on NPSs, this report aims to develop a user-friendly and comprehensive system for assessing the desirability of preparing a NPS. To this end, the report constructs a prioritised network of signposts designed to point the analyst towards the types of matters that may impact on the capacity of a NPS. Significantly, and so that NPSs can be examined from a range of perspectives, the National Policy Statement Assessment Signposts follow an interdisciplinary route.

Also important is the hierarchical structure of the signposts. Certain of the environmental disciplines contain considerations that are of a more essential character than others. For example, ensuring that it is politically feasible or realistic to prepare a NPS takes pride of place as the first signpost along the winding road because, without the necessary political backing, a NPS will always fail to eventuate, no matter how good an idea it may be. Following on from the political signpost, is the legal signpost (i.e., is a NPS legally sanctioned to do what is required?), the effectiveness signpost (i.e., what can a NPS realistically achieve?), the efficiency signpost (i.e., what will a NPS cost?), the institutional signpost (i.e., will a NPS be conducive to the institutional environment?), and the socio-cultural signpost (which focuses on public participation and tangata whenua perspectives). The report devotes a chapter to addressing the series of considerations that each signpost raises.

An important recommendation arising out of this report is that, in addition to drawing upon the content of the NPS Assessment Signposts (contained in this report), the analyst investigating the use of a NPS must have a clear understanding of the context surrounding the issue. The NPS Assessment Signposts will only be as good as the contextual information that they are applied to. Accordingly, an integral part of the NPS assessment is the conducting of contextual research.

So as to ensure that the assessment system developed in this report is capable of being applied to complex environmental issues, the appendix works through the indigenous biodiversity on private land issue. Interestingly, when the strengths and weakness of each of the disciplinary signposts are weighed up, it becomes clear that there are distinct advantages to the preparation of a NPS. Not only would the development of a NPS on this issue be politically important, but it would also provide an opportunity for local authorities to start working in a more coordinated fashion.