Natural and Built Environment Bill Reform Series: National Planning Framework
Ambitious new regulations to provide efficiency and cohesion
The Natural and Built Environment Bill (NBE Bill) introduces a new ‘National Planning Framework’ concept (NPF), which will have the status of regulations. It will effectively be a combination of the National Policy Statement/National Environmental Standard framework under the Resource Management Act 1991, and is touted as the mechanism to provide directive guidance on the various priorities in the current framework. It is also the key to understanding the practical application of the ‘new’ system proposed in the NBE Bill, and Regional Spatial Strategies (RSS) and NBE plans must give effect to it. Its purpose is to further the purpose of the NBE Bill through providing direction on the integrated management of the environment, resolving environmental conflicts, setting environmental limits/targets and generally providing strategic direction.
In summary:
- The NPF must specify procedural matters (i.e. its implementation and how it is to be given effect to) and strategic direction on matters such as: achievement of the system outcomes; key long-term environmental issues and priorities and how they are to be dealt with; enablement of infrastructure, renewable energy and housing (including on Māori land and papakāinga).
- The NPF may provide direction to review land use consents, coastal, water and discharge permits, and may also direct conditions (including duration) of resource consents. The NPF may also provide regulations restricting: land use; subdivision; use of the costal marine area or beds of lakes and rivers; water use; discharging contaminants; and noise. Those regulations may include qualitative or quantitate standards, methods, processes or implementation technology, or exemptions.
- The NPF will either set environmental limits and targets itself, or direct the setting of environmental limits and targets by the Regional Planning Committee.
- The NBE Bill codifies an ‘effects management framework’, which must be applied to significant biodiversity areas and specified cultural areas. The NPF may direct a more stringent framework for those areas and may direct that the framework, or a more or less stringent framework, applies to other resources. Exemptions to the effects management framework may also be specified in the NPF.
- Notification of the NPF will go through a public process and a Board of Inquiry before being finalised by the Minister. The NPF will subsequently be reviewed every 9 years.
The NBE Bill heavily relies on implementation of the NPF in order to apply the new system and, in some instances, it is difficult to understand the practical implications of the new system without it. The goals of the NPF, particularly the resolution of environmental conflicts, are ambitious – but if they can be achieved the NPF will improve efficiency and cohesion as intended.
General themes from submitters relating to the NPF include:
- Concern that the NPF excludes commercial and recreational users – inclusion would recognise the positive community and environment outcomes.
- Recommendations that the NPF be completed and outcomes based and a national spatial strategy developed alongside the NPF providing national direction for the RSS.
- The lack of national direction in the Bill requires the NPF to be comprehensive on all system outcomes.
- Concerns that the timeframe for first NPF within 6 months is too short and propose an extension to 12 months to ensure the NPF developed is meaningful.
- Concern for potential misalignment with Three Waters Reform, Review of the Future of Local Government and the work on climate change including the National Adaption and Emissions Reduction Plans and Climate Adaption Act. The work on the Climate Adaption Act is slower despite the need for integration with the NBE, SP Bill and NPF.
Want to know more?
Please contact a member of our Environments, Planning and Natural Resources Team if you would like to know more about the National Planning Frameworks and the NBE Bill.
PDF version: here.