Laws and treaties
Legislation
Since 1991, our environmental laws have contained a number of common themes. Chief among these is the principle of sustainability, which is now the umbrella principle for management of natural and physical resources, indigenous forests, and fisheries.
The Resource Management Act 1991 is the cornerstone of New Zealand’s environmental legislation. It sets out how we manage our environment, including air, water, soil, biodiversity, the coastal environment, noise, subdivision and land use planning in general.
A large number of laws touch on resource management. Those administered by the Ministry for the Environment are:
- Aquaculture Reform (Repeals and Transitional Provisions) Act 2004
- Climate Change Response Act 2002
- Energy Efficiency and Conservation Act 2000
- Environment Act 1986
- Fiordland (Te Moana o Atawhenua) Marine Management Act 2004
- Hazardous Substances and New Organisms Act 1996
- Ozone Layer Protection Act 1996
- Resource Management Act 1991
- Soil Conservation and Rivers Control Act 1941.
The Acts dealing with aspects of resource management but dealt with by other departments are:
- Biosecurity Act 1993 (Ministry of Agriculture and Forestry)
- Conservation Act 1987 (Department of Conservation)
- Crown Minerals Act 1991 (Ministry of Economic Development)
- Fisheries Act 1996 (Ministry of Fisheries)
- Forests Act 1949 (with 1993 amendment) (Ministry of Agriculture and Forestry)
- Wildlife Act 1953 (Department of Conservation).
The website www.legislation.govt.nz provides public access to unofficial versions of New Zealand legislation and statutory regulations. You can search and browse this material free of charge.
National environmental standards
The Ministry for the Environment is developing a package of national environmental standards under the Resource Management Act – mandatory “bottom-line” regulations that apply nationally.
Regulatory Impact Statements
When we submit policy proposals to Cabinet which result in Government bills or statutory regulations we must also provide a Regulatory Impact Statement which examines the potential impacts arising from government action.
International environmental agreements
New Zealand has obligations under Multilateral Environmental Agreements which may affect our laws.
The multilateral environmental agreement is the main method available under international law for countries to work together on global environmental issues. These agreements between states may set out non-legally binding principles which parties will respect when considering actions affecting a particular environmental issue, or specify legally-binding actions to be taken by each country that is a party to the agreement.
New Zealand also has international environmental obligations associated with free trade agreements. International Trade and Environment is a key work priority for 2005-06. Our goal is to ensure that all free trade agreements provide appropriate support for sustainable development and environmental objectives.
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