Editing Resource Management Act 1991 (section)

== Final drafting of the RMA ==

The new [[Ministry for the Environment (New Zealand)|Minister]], [[Simon Upton]], noted the divergent views of submitters on the proposed purpose and principles of the Bill. A [[New Zealand Cabinet|Cabinet]] paper of 10 March 1989 argued that the overall objectives and the broad philosophy of the Bill should be stated in a purpose section and clarified in a section on fundamental principles. After the [[New Zealand general election, 1990|1990 election]], Simon Upton appointed a Review Group to assess the purpose and principle clauses. The group consisted of: [[Anthony Randerson|Tony Randerson]], a lawyer, as chair; Prue Crosson (now Prue Kapua), a lawyer; environmentalist [[Guy Salmon]]; planner Ken Tremaine; and Brent Wheeler, an economist.<ref>[http://www.rmla.org.nz/_downloads/speech_aug2001.pdf The Beginnings of the Resource Management Act], Hon Justice A P Randerson, 'Beyond the RMA', an address given to the Resource Management Law Association (Auckland Branch) at a seminar held on 28 August 2001 to celebrate the 10th Anniversary of the Enactment of the RMA.</ref>

The Review Group considered that the clauses had become a conflicting 'shopping list' of matters advanced by interest groups, with no clear priority. That would result in the 'trading off' or balancing of socio-economic and biophysical aspects. They rejected such a balancing approach in favour of use within biophysical constraints. They considered that the Bill should not have a purpose of [[sustainable development]] with a focus on social justice and wealth redistribution. They concluded that purpose of the Bill should be 'sustainable management' and that the critical aspect of that purpose should be intergenerational equity, that is, safeguarding natural resource options for future generations. A second purpose of avoiding, remedying or mitigating adverse effects of activities was added. The purpose and principles sections were consequently rewritten.

Finally, with the approval of Cabinet, Simon Upton added the third 'sustainable management' purpose of 'safeguarding the life-supporting capacity of air, water, soil and ecosystems'.<ref>Upton, S., (1995) [http://www.nzlii.org/nz/journals/WkoLRev/1995/2.html 'Purpose and Principle in the Resource Management Act'] Waikato Law Review 1995 Vol 3, pp 17–55. Also available as [http://www.arcadia.co.nz/rm/Stace_Hammond_Lecture.pdf 'The Stace Hammond Grace Lecture: Purpose and Principle in the Resource Management Act']</ref>

Simon Upton stated in his third reading speech to [[Parliament of New Zealand|Parliament]] that the purpose of the RMA was not concerned with planning and controlling economic activity, nor about trade-offs, but about sustaining, safeguarding, avoiding, remedying, and mitigating the adverse effects of the use of natural resources.
<blockquote>The Bill provides us with a framework to establish objectives with a biophysical bottom line that must not be compromised. Provided that those objectives are met, what people get up to is their affair. As such, the Bill provides a more liberal regime for developers. On the other hand, activities will have to be compatible with hard environmental standards and society will set those standards. Clause 4 sets out the biophysical bottom line. Clauses 5 and 6 set out further specific matters that expand on the issues. The Bill has a clear and rigorous procedure for the setting of environmental standards – and the debate will be concentrating on just where we set those standards.<ref>(July 1991) 51b Hansard, Resource Management Bill Third Reading, 3018–3020.</ref></blockquote>