Latest news with #ShaySchlaepfer
Scoop
29-05-2025
- Politics
- Scoop
EDS Has Concerns Over Sweeping Review Of National Direction Under The RMA
Press Release – EDS This review is being driven more by political expediency and ad hoc coalition agreements than sound policy logic. The Government today released for consultation an unprecedented package of reforms to national direction under the Resource Management Act 1991 (RMA). This review covers 12 existing instruments and proposes 4 new ones – making it the largest overhaul of national direction in the Act's history. National direction – including national policy statements, environmental standards, planning standards, and section 360 regulations – sits at the core of the RMA. 'These instruments drive local planning and consent decisions across key domains such as freshwater, indigenous biodiversity, the coastal marine area, and more. They are, in effect, the engine-room of the environmental management system and are incredibly important,' said EDS Chief Operating Officer and resource management lawyer Shay Schlaepfer. 'EDS will undertake a detailed and rigorous analysis of the proposals over the coming days. However, serious concerns are already emerging from our preliminary review, including: 1. Undermining Te Mana o te Wai – The proposed rebalancing of the hierarchy of obligations embedded in Te Mana o te Wai would significantly weaken protections by removing the clear requirement to prioritise the health and wellbeing of water bodies over uses. 2. Cattle grazing in wetlands now allowed – Even if the wetland contains threatened species. 3. New provisions weaken environmental bottom lines – The reprioritisation of freshwater objectives is likely to leave gaps, have cumulative adverse effects, allow more pollution and breach FTAs. 4. Mining even more enabled – Easier consenting pathways are proposed in valued environments. 5. Forestry reforms miss the mark – The review of the National Environmental Standards for Commercial Forestry appears to sidestep the fundamental structural and operational failings in those standards in spite of EDS drawing those matters to attention of the Minister. 'The context of the wider reform process raises critical questions of coherence and purpose. This extensive revision is occurring under the framework of the RMA, at the very time the Government is proposing to replace it with two new statutes that will have different enabling provisions for national direction. That suggests this review is being driven more by political expediency and ad hoc coalition agreements than sound policy logic. 'Importantly, any changes made to national direction as a result of this process must comply with the purpose and principles of the RMA, including its purpose of achieving sustainable management of natural and physical resources. Where proposals fall short, legal challenge is likely. 'We will release further commentary, analysis and webinars as our expert team works through the full breadth of the discussion documents. EDS will itself be presenting detailed feedback and will oppose any lowering of necessary environmental protections,' concluded Ms Schlaepfer.
Scoop
29-05-2025
- Politics
- Scoop
EDS Has Concerns Over Sweeping Review Of National Direction Under The RMA
The Government today released for consultation an unprecedented package of reforms to national direction under the Resource Management Act 1991 (RMA). This review covers 12 existing instruments and proposes 4 new ones - making it the largest overhaul of national direction in the Act's history. National direction - including national policy statements, environmental standards, planning standards, and section 360 regulations - sits at the core of the RMA. 'These instruments drive local planning and consent decisions across key domains such as freshwater, indigenous biodiversity, the coastal marine area, and more. They are, in effect, the engine-room of the environmental management system and are incredibly important,' said EDS Chief Operating Officer and resource management lawyer Shay Schlaepfer. 'EDS will undertake a detailed and rigorous analysis of the proposals over the coming days. However, serious concerns are already emerging from our preliminary review, including: 1. Undermining Te Mana o te Wai - The proposed rebalancing of the hierarchy of obligations embedded in Te Mana o te Wai would significantly weaken protections by removing the clear requirement to prioritise the health and wellbeing of water bodies over uses. 2. Cattle grazing in wetlands now allowed - Even if the wetland contains threatened species. 3. New provisions weaken environmental bottom lines - The reprioritisation of freshwater objectives is likely to leave gaps, have cumulative adverse effects, allow more pollution and breach FTAs. 4. Mining even more enabled - Easier consenting pathways are proposed in valued environments. 5. Forestry reforms miss the mark - The review of the National Environmental Standards for Commercial Forestry appears to sidestep the fundamental structural and operational failings in those standards in spite of EDS drawing those matters to attention of the Minister. 'The context of the wider reform process raises critical questions of coherence and purpose. This extensive revision is occurring under the framework of the RMA, at the very time the Government is proposing to replace it with two new statutes that will have different enabling provisions for national direction. That suggests this review is being driven more by political expediency and ad hoc coalition agreements than sound policy logic. 'Importantly, any changes made to national direction as a result of this process must comply with the purpose and principles of the RMA, including its purpose of achieving sustainable management of natural and physical resources. Where proposals fall short, legal challenge is likely. 'We will release further commentary, analysis and webinars as our expert team works through the full breadth of the discussion documents. EDS will itself be presenting detailed feedback and will oppose any lowering of necessary environmental protections,' concluded Ms Schlaepfer. Environmental Defence Society EDS speaks for the environment. It has influence. Since 1971, EDS has been driving environmental protection in Aotearoa New Zealand through law and policy change. That's why it's one of this country's most influential non- profit organisations when it comes to achieving better environmental outcomes. EDS has expertise in key disciplines including law, planning, landscape and science. It operates as a policy think-tank, a litigation advocate, and a collaborator – bringing together the private and public sectors for constructive engagement. EDS runs conferences and seminars on topical issues, including an annual Environmental Summit and the Climate Change and Business Conference. EDS is a registered charity and donations to it are tax-deductible.
Scoop
26-05-2025
- Business
- Scoop
Environmental Defence Society Strikes Procedural Fast-Track Win
Press Release – Environmental Defence Society The EPAs previous approach meant that it was sitting on application documentation for weeks without the public knowing. Thats precious time that interested parties can now use to review a projects technical information. The Environmental Protection Authority (EPA), the administrating agency of the Fast-Track Approvals Act, has accepted the Environmental Defence Society's (EDS) contention that it has not been lawfully applying the Act. The EPA's concession comes after EDS's Barrister Rob Enright wrote to the EPA asserting that the Fast-Track Approvals Act required the EPA to publicly release all information provided to it without delay. Previously, the EPA only published application information once it was deemed complete and within scope. As the EPA stated in its reply to EDS: 'As you are aware the EPA had taken a position that the Fast Track Approvals Act 2024 does not require the publication of incomplete applications. Following your correspondence we have reviewed our position, and agree that, on balance, the documents you have listed must be published by the EPA.' 'This U-turn by the EPA is a significant win that will provide greater transparency in the implementation of a law that is otherwise stacked against public involvement,' said EDS's Chief Operating Officer Shay Schlaepfer. 'The EPA's previous approach meant that it was sitting on application documentation for weeks without the public knowing. That's precious time that interested parties can now use to review a project's technical information. 'This is hugely important given the pace at which applications proceed through the fast-track process and the potentially life-changing impacts of projects on people and the natural environment. Parties need as much time as possible to assess their interest in individual projects and to prepare their cases, including briefing experts and engaging legal counsel. 'We are pleased that the EPA has accepted our position on this occasion and praise its prompt rectification of the issue. 'We now expect to see application documentation published on the website when it is first lodged with the EPA. That should include an application's full Assessment of Environmental Effects. As the EPA accepted in its response to us '[t]he Act does contain a positive duty to act promptly where no time limit has been set and establishes a duty for the EPA to avoid delay as far as reasonably practicable.' 'Despite the fast-track law being largely inhospitable to the principles of natural justice, EDS continues to investigate ways in which it can be implemented to best serve the public interest. Where they exist, we will find them,' concluded Ms Schlaepfer. EDS has published a plain-English peer-reviewed guide of the Fast-track Approvals Act which is freely available at
Scoop
25-05-2025
- Business
- Scoop
Environmental Defence Society Strikes Procedural Fast-Track Win
The Environmental Protection Authority (EPA), the administrating agency of the Fast-Track Approvals Act, has accepted the Environmental Defence Society's (EDS) contention that it has not been lawfully applying the Act. The EPA's concession comes after EDS's Barrister Rob Enright wrote to the EPA asserting that the Fast-Track Approvals Act required the EPA to publicly release all information provided to it without delay. Previously, the EPA only published application information once it was deemed complete and within scope. As the EPA stated in its reply to EDS: 'As you are aware the EPA had taken a position that the Fast Track Approvals Act 2024 does not require the publication of incomplete applications. Following your correspondence we have reviewed our position, and agree that, on balance, the documents you have listed must be published by the EPA.' 'This U-turn by the EPA is a significant win that will provide greater transparency in the implementation of a law that is otherwise stacked against public involvement,' said EDS's Chief Operating Officer Shay Schlaepfer. 'The EPA's previous approach meant that it was sitting on application documentation for weeks without the public knowing. That's precious time that interested parties can now use to review a project's technical information. 'This is hugely important given the pace at which applications proceed through the fast-track process and the potentially life-changing impacts of projects on people and the natural environment. Parties need as much time as possible to assess their interest in individual projects and to prepare their cases, including briefing experts and engaging legal counsel. 'We are pleased that the EPA has accepted our position on this occasion and praise its prompt rectification of the issue. 'We now expect to see application documentation published on the website when it is first lodged with the EPA. That should include an application's full Assessment of Environmental Effects. As the EPA accepted in its response to us '[t]he Act does contain a positive duty to act promptly where no time limit has been set and establishes a duty for the EPA to avoid delay as far as reasonably practicable.' 'Despite the fast-track law being largely inhospitable to the principles of natural justice, EDS continues to investigate ways in which it can be implemented to best serve the public interest. Where they exist, we will find them,' concluded Ms Schlaepfer. EDS has published a plain-English peer-reviewed guide of the Fast-track Approvals Act which is freely available at EDS's letter and the EPA's reply are available here and here. Environmental Defence Society EDS speaks for the environment. It has influence. Since 1971, EDS has been driving environmental protection in Aotearoa New Zealand through law and policy change. That's why it's one of this country's most influential non- profit organisations when it comes to achieving better environmental outcomes. EDS has expertise in key disciplines including law, planning, landscape and science. It operates as a policy think-tank, a litigation advocate, and a collaborator – bringing together the private and public sectors for constructive engagement. EDS runs conferences and seminars on topical issues, including an annual Environmental Summit and the Climate Change and Business Conference. EDS is a registered charity and donations to it are tax-deductible.
Scoop
25-05-2025
- Business
- Scoop
Environmental Defence Society Strikes Procedural Fast-Track Win
The Environmental Protection Authority (EPA), the administrating agency of the Fast-Track Approvals Act, has accepted the Environmental Defence Society's (EDS) contention that it has not been lawfully applying the Act. The EPA's concession comes after EDS's Barrister Rob Enright wrote to the EPA asserting that the Fast-Track Approvals Act required the EPA to publicly release all information provided to it without delay. Previously, the EPA only published application information once it was deemed complete and within scope. As the EPA stated in its reply to EDS: 'As you are aware the EPA had taken a position that the Fast Track Approvals Act 2024 does not require the publication of incomplete applications. Following your correspondence we have reviewed our position, and agree that, on balance, the documents you have listed must be published by the EPA.' 'This U-turn by the EPA is a significant win that will provide greater transparency in the implementation of a law that is otherwise stacked against public involvement,' said EDS's Chief Operating Officer Shay Schlaepfer. 'The EPA's previous approach meant that it was sitting on application documentation for weeks without the public knowing. That's precious time that interested parties can now use to review a project's technical information. 'This is hugely important given the pace at which applications proceed through the fast-track process and the potentially life-changing impacts of projects on people and the natural environment. Parties need as much time as possible to assess their interest in individual projects and to prepare their cases, including briefing experts and engaging legal counsel. 'We are pleased that the EPA has accepted our position on this occasion and praise its prompt rectification of the issue. 'We now expect to see application documentation published on the website when it is first lodged with the EPA. That should include an application's full Assessment of Environmental Effects. As the EPA accepted in its response to us '[t]he Act does contain a positive duty to act promptly where no time limit has been set and establishes a duty for the EPA to avoid delay as far as reasonably practicable.' 'Despite the fast-track law being largely inhospitable to the principles of natural justice, EDS continues to investigate ways in which it can be implemented to best serve the public interest. Where they exist, we will find them,' concluded Ms Schlaepfer. EDS has published a plain-English peer-reviewed guide of the Fast-track Approvals Act which is freely available at EDS's letter and the EPA's reply are available here and here. Environmental Defence Society EDS speaks for the environment. It has influence. Since 1971, EDS has been driving environmental protection in Aotearoa New Zealand through law and policy change. That's why it's one of this country's most influential non- profit organisations when it comes to achieving better environmental outcomes. EDS has expertise in key disciplines including law, planning, landscape and science. It operates as a policy think-tank, a litigation advocate, and a collaborator – bringing together the private and public sectors for constructive engagement. EDS runs conferences and seminars on topical issues, including an annual Environmental Summit and the Climate Change and Business Conference. EDS is a registered charity and donations to it are tax-deductible.
