The Government has issued its preferred policy statement needed to meet the requirements of the Kyoto Protocol. This policy recognises that local government will play a significant role in New Zealand's climate change response.
Two key areas involving local government that the policy identifies are:
the role of the RMA in the reduction of greenhouse gas emissions, anda proposed formal partnership between local authorities and central government on climate change.The exact role of the RMA in addressing greenhouse gas emissions is under review. At present emissions are dealt with by local authorities under the RMA.
However, this means that:
there is potential for regional inconsistencies when addressing emissionsonce national climate change policies are introduced, emissions will possibly require compliance with both national and local measures.The Government intends to resolve these issues by amending the RMA to remove the ability of councils to control emissions, via resource consents or rules within plans, where a crossover with a national policy exists. The RMA will still play a role in reducing emissions at a local level.
A formal partnership programme with local and central government on climate change is another initiative outlined by the policy. The idea behind this partnership is to encourage participation and action in emission reduction within a nationally consistent framework. The programme, based on a successful Australian initiative, will provide councils with emission inventories and forecasts, and also develop action plans and emission targets. The New Zealand programme will be developed and implemented by the Government in conjunction with Local Government New Zealand and the Energy Efficiency and Conservation Authority.
The Government is seeking written feedback on both the amendments to the RMA and the formal partnership programme by 14 June 2002.
This is a general summary only and should not be taken as a substitute for specific advice.
For further information contact Megan Yardley, law clerk:
megan.yardley@phillipsfox.com
Web site:
Phillips Fox