Govt to Amend Resource Management Act to Ensure Clarity for Discharge Consents

“These court decisions threaten to make the RMA unworkable by restricting councils' capacity to issue or renew consents for a range of discharges,” McClay said.

Agriculture Minister Todd McClay has announced plans to clarify discharge consenting provisions under the Resource Management Act (RMA) to provide certainty for agricultural and horticultural producers. This move aims to ensure that councils continue to manage discharge consents in a practical manner.

Recent High Court decisions on sections 70 and 107 of the RMA have raised concerns about the law's practicality, potentially limiting councils' ability to manage discharges from various activities including industry, farming, meat processing, and wastewater.

"These court decisions threaten to make the RMA unworkable by restricting councils' capacity to issue or renew consents for a range of discharges," McClay said. "This could lead to many consents being declined or delayed, impacting councils, industries, and primary sector producers. It could also hinder large-scale projects like irrigation schemes."

To address these issues, the Cabinet has approved urgent amendments to section 107 of the RMA. The changes are intended to provide legal clarity and certainty for both councils and consent applicants, ensuring that they can plan effectively and avoid disruptions.

McClay emphasized the need for these amendments to prevent more discharges from requiring consents, the potential decline of applications, and increasingly restrictive consent conditions. The Government believes that local councils and communities are best suited to determine the appropriate timeframes and methods for achieving freshwater quality improvements.