Agenda 21 NZ

INSTITUTIONAL ASPECTS OF SUSTAINABLE DEVELOPMENT IN NEW ZEALAND
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Integrated Decision-Making
Major Groups Science
Information
International Law
INTEGRATED DECISION-MAKING


Decision-Making: Coordinating Bodies


In May 1993, the Government established an UNCED Implementation Officials Group consisting of the Ministry for the Environment (MFE) (convenor), Ministry of Agriculture (MAF), Ministry of Commerce (MCM), Department of Conservation (DOC), Ministry of Foreign Affairs and Trade (MFAT), Ministry of Forestry (MOF), Ministry of Research Science and Technology (MORST), Ministry of Transport (MOT), Ministry of Maori Development - Te Puni Kokiri (TPK), Department of Prime Minister and Cabinet (DPMC), and the Public Health Commission (PHC) (now the Ministry of Health (MOH)).


The Treaty of Waitangi, signed in 1840 between Maori tribes and the British Crown, provides the basis from which Maori interests are expressed and can be realised. Existing mechanisms for resolving claims by Maori include the Waitangi Tribunal. The Minister of Maori Affairs is required to report to Parliament on an annual basis on progress made by the Government on implementation of Waitangi Tribunal recommendations. The current government policy is that all major claims under the Treaty of Waitangi made by Maori will be resolved by the turn of the century.


Decision-Making: Legislation and Regulations


Both central and local government in New Zealand have important and complementary responsibilities in implementing sustainable resource management through their planning and management responsibilities under New Zealand's Resource Management Act 1991. The Resource Management Act is one of the three statutes (along with the Companies Act and tax legislation) which have the biggest impact on investment decisions related to natural and physical resources in New Zealand.


The Resource Management Act 1991 (RMA) contains the concept of sustainability and has as a single overarching purpose: to promote the sustainable management of natural and physical resources. In essence, sustainable management comprises two things. Firstly it is about recognising more fully the environmental costs of activities and policies in order to protect our natural and physical resources (better environmental valuation). Secondly, it is about better consideration of the earths resources, with a view to conserving the potential of resources for future generations (better environmental stock taking). The Act's definition provides that human needs are balanced against the intrinsic value of the environment, and elements within it. It provides for the environment to be both used (including with damaging effect) and protected while establishing a baseline for environmental health. Sustainable management seeks to achieve the environmental component of sustainable development, focusing on the sustainability of the natural and physical environment. An important aspect of this is that sustainable management of the environment not be compromised by social or economic goals.


Since Rio, several other pieces of legislation have been set in place that give effect to many of the Rio Principles and many aspects of Agenda 21 (as well as to the other Rio agreements viz: the Framework Convention on Climate Change (FCCC), the Convention on Biological Diversity (CBD), and the Forests Principles). Such legislation includes:


the Forests Amendment Act 1993, which ensures the management of an area of indigenous forest land in a way that maintains the ability of the forest to provide a full range of products and amenities in perpetuity, while retaining the forests natural values;
the Biosecurity Act 1993, which restates and reforms laws relating to pests and unwanted organisms;
the Fisheries Act 1996, which aims to provide for the use, conservation, enhancement, and development of fisheries resources so that people can provide for their social, economic, and cultural well-being while ensuring the potential of those resources to meet the needs of future generations, and avoiding, remedying or mitigating any adverse effects of fishing on the aquatic environment;
the Hazardous Substances and New Organisms Act 1996, which has a strong focus on environmental protection and establishes an Environmental Risk Management Authority (ERMA) to, among other things, assess and decide on applications to introduce hazardous substances or new organisms into New Zealand;
and the Ozone Layer Protection Act 1996, which sets up a framework to facilitate compliance with changes to obligations under the Montreal Protocol.
Decision-Making: Strategies, Policies and Plans


Policies and plans are structured in a hierarchy within the RMA, and each must "not be inconsistent" with those above it. Central government policies are on top, regional policies below them, regional plans next, and district plans at the lowest level. Central to the development of the plans is consultation with regional government's constituent stakeholders.


Regional government has a significant and key role in implementing the Resource Management Act. In planning for resource management, regional councils must prepare policy statements specifying policies and objectives for the management of resources in the region and the methods by which these will be achieved. Regional councils may also prepare regional plans which further detail the use of specific resources. Territorial authorities must prepare district plans which include controlling the effects of land use, controlling noise, and protecting rivers and lakes.


Environmental Impact Assessment is integrated into statutory requirements under the Resource Management Act 1991. Local authorities, when preparing policy statements and plans, must state the anticipated environmental results. Every application for a resource consent must provide an assessment of environmental effects (AEE) as part of the application. The public is able to comment on the adequacy of the AEE through a submission process.


Along with this legislation, the Government has developed a number of strategies and policies that contribute to the achievement of sustainable development. These include:


the Environment 2010 Strategy (E2010), which is the first comprehensive statement of environmental priorities and strategies ever developed by a New Zealand government, contains goals and an action agenda focusing on eleven priority issues. Its preparation involved many policies, programmes and goals and incorporated input from public submissions and expert opinion. The Strategy establishes a vision to the year 2010 and provides four key conditions needed to underpin achieving this vision: a competitive economy, effective laws and policies, information and social participation. The Green Package announced in the 1996 Budget represents the first attempt to prioritise actions to implement E2010 goals and contained NZ$110 million additional funding over 3 years to address aspects of the 11 priority issues in E2010;
the Research Science and Technology 2010 Strategy, which provides a vision, goals, and action plans to achieve the goals. A key element in the strategy is the Governments commitment to increase public research expenditure from the current 0.6% of GDP to 0.8% by 2010;
National Science Strategies (NSS), mechanism by which the Government develops and facilitates the implementation of national science in key areas of national importance. Currently there are three NSSs in place. These are on climate change, sustainable land management, and possums/ bovine Tb control. National Science Strategies underpin other national strategies that exist in these areas;
the Sustainable Land Management Strategy (SLM) which is designed to promote environmental improvement of commercially-used land for agriculture and forestry, and identifies high country degradation, agricultural impacts on aquatic ecosystems, and hill country erosion as priority areas for action;
the New Zealand Coastal Policy Statement (NZCPS) which provides guidance to regional and district councils on elements in the coastal environment that are of national importance and should be protected, as well as identifying restoration and rehabilitation of the coastal environment as being a national priority);
a National Biodiversity Strategy which will be a plan of action for conserving and sustainably managing biodiversity;
New Zealands first State of the Environment Report (SER) and the National Environmental Indicators Programme - the former representing the first attempt to marshal together scattered statistics and information on key aspects of New Zealands environment, and the latter the first attempt to develop for New Zealand indicators that will reflect the condition of the environment at a particular point in time, show the pressures that human activities place on the environment, and provide measures of the effectiveness of any action in response to these pressures.
These laws, regulations, strategies, and policies collectively give effect to sustainable development. However, as was recently pointed out in the OECDs Environmental Performance Review of New Zealand, "until there is sufficient information across the range of important issues, it will ... be difficult to prioritise issues adequately. Once quality information and analysis are available, it will be possible to set detailed targets". The collection of central and consistent environmental statistics is one end towards which the SER and indicators programmes are directed, and which will, together with the other measures outlined, contribute to the sustainable management of New Zealand's environment.


Quality decision making practice obliges Government to consult widely when making decisions affecting the environment and, more particularly, the Principles of the Treaty of Waitangi require that iwi (Maori tribes) are consulted. The Resource Management Act provides for public participation in establishing national policy statements, regional policy statements, and regional and district plans.


The Resource Management Act focuses on enabling people and communities to provide for the social, economic, and cultural well being and their health and safety while sustaining the potential of natural and physical resources and avoiding, remedying, or mitigating any adverse effects of their activities on the environment. This is a major change from some of the previous laws which prescribed what activities could go where, for example, agriculture or forestry, residential or commercial development. The Act requires a clear definition of environmental outcomes, including sustainable development limits, but provides freedom of economic and social choice within those limits.


Processes for public participation are designed to be user-friendly and efficient. For example, when policy that affects Maori interests is being considered, approaches appropriate to Maori are used for consultation. During the preparation of the draft New Zealand Coastal Policy Statement, a series of public meetings and Marae-based hui (meetings) were held throughout the country. These meetings addressed the issues the public and Maori iwi considered important for the integration and sustainable use of coastal and marine resources (except fish). A team selected by Maori iwi also drafted relevant components for inclusion in a policy statement.


Integrated and coordinated approaches to Government decision-making are reflected in policies such as the directive for all government departments to take into account "the collective interest of the Crown" (including specifically its environmental goals) in policy making.


Decision-Making: Major Groups Involvement


There is no government policy on assistance to major groups but major groups participate in follow-up through their own specific networks, and those that they have with relevant government agencies. Several of the major groups have their own coordination networks. Major groups participate in the design of national policies through the open consultative process of policy formulation. This includes the use of discussion papers, open to public submissions, in the development of policies (e.g. Environment 2010 Strategy). It also includes the opportunity to make submissions to local government on the formulation of their statutory planning documents (e.g. District Plans), and to government during the development of legislation. New Zealand's preparation for CSD meetings is an open process. Delegations to CSD meetings have been small. Both industry and environmental NGO representatives were included in the New Zealand delegation to the 1995 session of CSD.


Programmes and Projects


No information is available


Status




National Decision-Making Structure


1. National Sustainable Development Coordination Body: YES
2. National Sustainable Development Policy: YES
3. National Agenda 21/other strategy for SD:
4. Local/Regional Agenda(s) 21: YES
5. Environmental Impact Assessment Law: YES
6. Major Groups involved in Sustainable Development Decision-Making: YES
National Instruments and Programmes


1. Sustainable. Dev. or environmental education incorporated into school curricula: YES
2. Sustainable Development Indicators Program: YES
3. Ecolabel Regulations: VOLUNTARY
4. Recycle/Reuse Programs: YES
5. Green Accounting Program:
6. Access to Internet: YES
7. Access to World Wide Web: YES
8. A national World Wide Web Site for Sustainable Dev. or State of the Environment: YES
http://www.mfe.govt.nz
Policies, Programmes, and Legislation


Does your country have either a policy, programme, and/or legislation consistent with Agenda 21 in:
1. Combatting poverty: NOT APPLICABLE
2. Changing consumption and production patterns: IN PROCESS
3. Atmosphere: YES
4. Land Use Planning: YES
5. Forest and Deforestation: YES
6. Desertification and Drought: YES
7. Sustainable Mountain Development:
8. Sustainable Agriculture: IN PROCESS
9. Biological Diversity: YES
10. Biotechnology: YES
11. Oceans and Coastal Areas: YES
12. Freshwater Management: YES
13. Toxic Chemicals:
14. Hazardous Wastes: YES
15. Solid Wastes:
16. Radioactive Wastes: YES
17. Energy: IN PROCESS
18. Transport: IN PROCESS
19. Sustainable Tourism: IN PROCESS