Analysis of RMA Plans and Issues Arising from the Tenure Review Process for Crown Pastoral Leases
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Analysis of RMA plans and issues arising from the tenure review process for Crown pastoral leases Prepared by Pippa Player For the Office of the Parliamentary Commissioner for the Environment July 2007 Disclaimer The opinions expressed in this paper are those of the author and do not necessarily represent the views of the Parliamentary Commissioner for the Environment. The views and conclusions expressed are intended to initiate discussion and stimulate practical solutions to issues faced by landowners, regional and district councils and communities in managing land use change, land use intensification and development. It is noted that the RMA is only one of the tools available to communities. 1 EXECUTIVE SUMMARY This paper has been commissioned within the context of the PCE’s investigation into tenure review under the Crown Pastoral Land Act 1988 and Land Act 1948. There has been ongoing debate around processes and there appear to be differences: between perceptions and reality of the Government’s process; and theory and practice being used at regional and district levels. The paper deals with a range of issues drawn out from analysis of regional and district plans and discussions with planning professionals and finds that the sources of tension around land use in the high country relates to: • Significant land use change driven by demand for non-rural/farm related activities. • Misunderstanding of land use controls and tools. • A mismatch between societal aspirations (eg strategic statements, policies and objectives) and willingness to address issues in practice. • Tensions caused by: localised population increase, economic growth (eg shown through land value increases) and economic decline creating both different patterns of land use/management practices and pressure to use more land for urban development and tourism development. • Resources available for thorough investigation of values and issues. • Differences between and within approaches (and resources) of government agencies and local authorities regarding use of regulatory and non-regulatory instruments to achieve outcomes (legislative and community-derived). In conclusions, the paper points to opportunities to reduce the tensions and deliver more sustainable development in the high country within both RMA/local authority planning and the tenure review process. 2 CONTENTS EXECUTIVE SUMMARY ..................................................................................... 2 CONTENTS ......................................................................................................... 3 1.0 INTRODUCTION....................................................................................... 4 2.0 BACKGROUND ........................................................................................ 5 3.0 RMA PLANS ............................................................................................. 6 4.0 ATTITUDES/PERCEPTIONS ................................................................. 14 5.0 TIMING, COSTS ..................................................................................... 15 6.0 OPPORTUNITIES: MECHANISMS WORTHY OF GREATER USE...... 17 7.0 CONCLUSIONS...................................................................................... 19 Bibliography ....................................................................................................... 22 Further study...................................................................................................... 25 Appendix 1 Summaries of policies and rules of Regional and District Plans.... 26 Appendix 2 Extract from the Mackenzie District Plan ....................................... 27 3 1.0 INTRODUCTION The Resource Management Act 1991 plans (RMA plans) component of the Parliamentary Commissioner for the Environment’s (PCE) Tenure Review Project considers the robustness of RMA plans in Otago and Canterbury in light of land use change triggered through the Crown’s tenure review programme under the Crown Pastoral Lands Act 1998 (CPLA) and Land Act 1948 (tenure review). 1.1 Scope The paper focuses on the Otago and Canterbury regions and the various RMA plans and policy tools of the Otago Regional Council, Environment Canterbury (ECan) and the district councils in Mackenzie, Waitaki, Queenstown Lakes and Central Otago. Compiling the paper involved: • Summarising provisions in Long Term Council Community Plans (LTCCP's) related to development on High Country lands. • Summarising the relevant provisions in regional policy statements, regional plans and district plans • Providing an opinion on the robustness of plan provisions and identifying possible gaps. • Summarising the direction of plan changes or policy development underway. 1.2 Approach The initial phase of the work involved analysis and summarising the: • main outcomes of LTCCP's • the policies, objectives, methods and rules of Regional Policy Statements, Regional Plans and District Plans. Particular attention was given to rules for soils, heritage, landscape, earthworks, subdivision, activity categories, and vegetation clearance. Letters were sent to key planning professionals in each Council, and were followed up with telephone discussions. Correspondence by email and in writing provided further commentary from the planning professionals contacted. Opinions and comments have been used in a non-attributable way within the paper. Development, land-use change or land-use intensification are not been treated as negative in this paper. The focus of the analysis was how the potential, actual or cumulative effects (positive and negative) of development, land use change or land intensification are assessed and treated through RMA plans at regional and district basis. A summary of regional and district plan provisions is provided in Appendix 1. This analysis is based on what is operable in terms of regulatory controls (as distinct from the sections of plans still subject of references to the Environment Court). Because of the volume of information, for regional policies and plans emphasis has been placed on policies, objectives and methods; with the focus of analysis of district 4 plans being the various rules, standards and assessment criteria used in decision- making. 1.3 Structure The paper is set out in 6 sections as follows: 2.0 Background 3.0 RMA plans 4.0 Attitudes/perceptions 5.0 Timing/costs 6.0 Opportunities – mechanisms worthy of greater use 7.0 Conclusions. Appendices include information about regional and district RMA plans: Appendix 1: Summaries of key policies and rules of Regional and District Plans and LTCCPs. A: Regional policies and rules (includes LTCCP objectives, outcomes and initiatives) B: District LTCCPs (objectives, outcomes and initiatives) C: Land use rules in District Plans Appendix 2: Extract from Mackenzie District Plan, vegetation clearance rules. The research and analysis undertaken for this paper has not attempted to understand, document or catalogue data relating to heritage, biodiversity, landscape or other values within a region or district. The focus has been on the tools of RMA plans chosen by each local authority. However through discussions with planning professionals views were sought about confidence levels in the knowledge base of values and issues for which controls in RMA plans are in place (or proposed). 2.0 BACKGROUND This paper has been commissioned within the context of the PCE’s investigation into tenure review under the CPLA and the Land Act 1948 (Land Act). There has been ongoing debate around processes and there appear to be differences: between perceptions and reality of the Government’s process; and theory and practice being used at regional and district levels. Pastoral lease land forms much of the scenic backdrop that is a major factor in attracting people to live, work and play in Otago and Canterbury. On 21 June 2007, the Hon David Parker, Land Information Minister, announced a series of changes in the Government’s approach to tenure reviews in the South Island high country. Specifically, “pastoral leases will now be excluded from tenure review if they have highly significant lakeside, landscape, biodiversity or other values that are unlikely to be protected satisfactorily by tenure review. Such land will not be allowed to pass into private hands unless it is demonstrably in the public interest.” 5 Cabinet papers considered in early June 2007 illustrate the range of concerns regarding tenure review raised in recent years. It is clear in tenure review that the formal assessment process for land considers both present land ownership and future plans for the areas subject to review. The unique position of the Crown is also recognised in managing pastoral leases to effect ‘good husbandry’ and in a way that protects values. From personal experience in property management and policy development for public land portfolios, dealings relating to land ownership are never straight forward and there is rarely a one-size-fits-all model for agreeing final ownership, tenure and rights. This paper attempts to illustrate strengths and weaknesses in RMA plans of 6 local authorities and to identify what is causing tensions in RMA planning and decision- making regarding land-use that have been highlighted or anticipated through tenure review process. 3.0 RMA PLANS This section covers the main mechanisms used in RMA plans to manage and control land use in rural areas and the robustness of RMA plans. Appendix 1 contains a series of worksheets summarising key policies and rules of regional