The Aotearoa New Zealand Government's introduction of the Severe Weather Emergency Legislation Act 2023 marks a milestone in the community's ability to recover from Cyclone Hale and Cyclone Gabrielle. The Act establishes a framework for managing severe weather emergencies and promoting community resilience.
This legislation seeks to streamline the recovery process by granting emergency powers to local authorities and simplifying planning and consenting processes for landowners, with the goal of helping affected communities recover more quickly and effectively from natural disasters.
Summary of the Act as it relates to the RMA
One of the key provisions is an addition to the RMA (new sections 331A to 331F) granting certain rural landowners and occupiers the ability to undertake emergency preventive or remedial measures following recent severe weather events. The new clauses relate to a sudden event or an adverse effect on the environment that has caused, is causing, or is likely to cause loss of life, injury to humans or animals, or damage to land or property.
This provision ensures that necessary measures can be taken to avoid, remedy, or mitigate loss or damage, provided that the measures are proportionate to the loss or damage, avoid significant environmental effects, and are not classified as a prohibited activity in any relevant plan.
However, it is important to note that if emergency activities are undertaken in a manner that will impact on culturally significant land, the person undertaking works must give notice to the relevant iwi or hapū at least 20 working days before the activity is undertaken. This recognises the importance of mana whenua and ensures that activities are carried out in a way that respects and acknowledges the significance of whenua to Māori.
What does this response tell us about the Government's attitude during the RMA reform?
The Act has introduced changes to the planning hierarchy in favour of enabling landowners to recover from adverse weather. It is worth studying the needs that have been provided for, and those which are absent, to gain insight into the Government's perception of the RMA 1991.
The Act states that remedial works are not permitted in only three situations: when the activity is a prohibited activity, when it is to occur within the coastal marine area, and when it is undertaken on culturally significant land without the written permission of the relevant iwi or hapū. While the first and second clauses are self-explanatory, it is commendable to see the Crown taking measures to protect mana whenua.
There is a glaring conflict of interest present in the Act (at s 331B[1]) in that the affected landowner determines whether "reasonable grounds" are present for the recovery process. The Act is notably silent on the legislature's attitude towards local government and district plans.
This raises questions about the Government's view on environmental bottom lines and the natural limits of sustainable use and development. The Act sets aside the relevant district and regional plans administered by councils and applicable regulations and national environmental standards (NES), which is concerning. It suggests that the Government views bottom lines as a luxury that can only be adhered to during times of stability.
In conclusion, while the 2023 Emergency Legislation will undoubtedly aid in recovery efforts from Cyclone Gabrielle, it undermines the principles of existing policy and erodes public perception of their importance. A fit-for-purpose planning and resource allocation legislation would stand on its own during an emergency and enable rebuilding efforts.