Enable the EPA to support RMA decision-makingprocesses

Problem

458. The functions of the Environmental Protection Authority, as described in the EPA Act 2011, are set out either in the EA Act 2011 or six environmental acts. The Resource Management Act 1991 is one ofthese.

459. Recently the EPA was asked to provide secretarial and support services to the review of the Christchurch Replacement District Plan. This was required under the Christchurch Earthquake Recovery Act 2010, which is not an environmental act. It required an Order in Council for the EPA to provide these services and to cost recovery for theirprovision.

Proposal

460. The proposal is to create a legislative power through which the EPA can provide secretarial and support services to decision makers where major hearings are held. These are set up under Acts that can amend an RMA process for deciding matters, or the proposed Streamlined Planning Process (P 2.2) and would be available at the request of the Minister for theEnvironment.

461. Under this proposal, the EPA would cost recover from the person who would have been responsible for those costs under the relevant decision making process. This would allow the EPA to share its experience and expertise gained through running major hearings with other RMA decision makers, and is a minor and ancillary addition to its currentfunctions.

462. The benefits achieved through this proposal outweigh the relatively low costs. The potential market could be expanded for the EPA's services, but otherwise the proposal is business as usual for the EPA. This is due to the EPA's experience in managing its resources to cope with the ebb and flow of NSP applications, and will therefore have only minor cost implications. The proposal also provides local authorities with a potential resource for conducting hearings as part of the Streamlined Planning Process (P 2.2) or under other specialcircumstances.

Alternativeoptions

463. No feasible alternative options were identified for thisproposal.

Conclusion

464. This proposal will contribute to the outcome of increasing adaptability of resource management decision makers by utilising the support and expertise of the EPA where this is required.