Linkages between key RMA documents

Note that the thickness of the line corresponds to the legal weighting accorded the relationship between documents. In the diagram, the following abbreviations are used.

GE = Must give effect to

NI = Must not be inconsistent with

RP = Recognise and provide for

TA = Take into account

A summary of the relationships (in words) is provided as follows:

Regional plans:

must give effect to the New Zealand Coastal Policy Statement (Note that sections 7 and 8 of the Hauraki Gulf Marine Park Act 2000 are also deemed to be a New Zealand Coastal Policy Statement under s.10 of that Act)
must give effect to any National Policy Statement
must give effect to the regional policy statement
must recognise and provide for any management plan for a foreshore and seabed reserve once the management plan has been lodged with the council
must not be inconsistent with any water conservation order
must not be inconsistent with any other regional plan for the region
must take into account any relevant planning document recognised by an iwi authority, and lodged with the council, to the extent that its content has a bearing on the resource management issues of the region
a rule in a plan can not be more lenient than a national environmental standard, nor can it be stricter than the standard unless that standard provides for that
a rule in a plan can prevail over a national environmental standard if the rule is more stringent and the standard says that the rule can be more stringent than the standard.

Regional plans must also have regard to:

any proposed regional policy statement in respect of the region
the Crown’s interest in land of the Crown in the coastal marine area
any management plans and strategies prepared under other Acts to the extent that their content has a bearing on the resource management issues of the region
relevant entries in the Historic Places Register to the extent that their content has a bearing on the resource management issues of the region
regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources to the extent that their content has a bearing on the resource management issues of the region
the extent to which the Regional Plan needs to be consistent with the regional policy statements and plans, or proposed regional policy statements and proposed plans of adjacent regional council’s

District plans:

must recognise and provide for the management plan for a foreshore and seabed reserve adjoining its district to the extent that its content has a bearing on the resource management issues of the district
must give effect to the New Zealand Coastal Policy Statement
must give effect to any National Policy Statement
must give effect to the regional policy statement of the region they are in
must not be inconsistent with a water conservation order
must not be inconsistent with a regional plan
take into account any relevant planning document recognised by an iwi authority, and lodged with the council, to the extent that its content has a bearing on the resource management issues of the district
a rule in a plan can not be more lenient than a national environmental standard
a rule in a plan can prevail over a national environmental standard if the rule is more stringent and the standard says that the rule can be more stringent than the standard.

District plans must also have regard to:

any proposed regional policy statement in respect of the region; or proposed regional plan of its region in respect of any matter of regional significance
the Crown’s interest in land of the Crown in the coastal marine area
any management plans and strategies prepared under other Acts to the extent that their content has a bearing on the resource management issues of the region
relevant entries in the Historic Places Register to the extent that their content has a bearing on the resource management issues of the region
regulations relating to ensuring sustainability, or the conservation, management, or sustainability of fisheries resources to the extent that their content has a bearing on the resource management issues of the region
the extent to which the district plan needs to be consistent with the plans or proposed plans of adjacent territorial authorities.

Note that those drafting and changing district plans should also consider how national environmental standards impact on plan provisions. For ease of plan administration it would be good practice to incorporate national environmental standards into the plan to the extent necessary under s.43B when the plan is next reviewed or changed.

Recognise and provide for

‘Recognise and provide for’ was held to ‘not be an absolute imperative overriding other objectives of the RMA’.
Trio Holding v Marlborough DC (1996) Cited in Salmon Resource Management Act 1991

‘Recognise and provide for’ will be used when actual provision is to be made for any matters.
Bleakley v Environmental Risk Management Authority [2001] 3 NZLR 213 (HC)

Give effect to

See the discussion on ‘give effect to’.

Have regard to and take into account

The words ‘shall have regard to’ indicate that such matters must be given material consideration but not necessarily followed. These words are not synonymous with ‘shall take into account’. If the appropriate matters had been to take into account, they must necessarily affect the discretion of the decision maker.
R v Westminster City (1990) and Haddon v Auckland RC (1993) Cited in Salmon Resource Management Act 1991

In Canterbury Regional Council v Waimakariri District Council [2002] C009/02, 7 NZED 210, the Court held that the requirement to ‘have regard to’ in the regional policy statement does not require a district plan to actually implement the regional policy statement where the objectives and policies of the regional policy statement are not couched in mandatory language and provide for flexibility within themselves.

In respect of s.8 of the RMA, the case Haddon v Auckland Regional Council [1993] A77/93 noted that the duty was to weigh the principles of the Treaty of Waitangi with all other considerations, effect a balance with all other matters in coming to a decision, and show that this has been done.

A particular matter that a local authority has to ‘have regard to’ or ‘take into account’ may not necessarily be reflected directly in an RMA plan. However it would be good practice to have documentation that can demonstrate (such as a s.32 report) that it was considered as part of the plan development process (eg, give reasons why the matter was, or was not, included in the RMA plan).