EDS Proposes Drafting Changes To Fix New Resource Management Laws

The Environmental Defence Society (EDS) has lodged its
final submission on the Planning Bill and Natural
Environment Bill with Parliament’s Environment Select
Committee, including detailed tracked-change drafting to
address significant weaknesses in the legislation.

The
submission builds on constructive feedback received on
EDS’s earlier draft and introduces further analysis on
scope, water conservation orders, marine provisions, and the
interaction of the Bills with legislation covering the
Waitākere Ranges and Hauraki Gulf.

“This is the
most significant and complex environmental law reform in
decades. There is no more appetite for constant legislative
upheaval, so the framework must be robust, durable, and
environmentally credible from the outset,” says EDS Reform
Director Dr Greg Severinsen.

“To help the Committee,
we’ve provided practical, clause-level drafting changes.
While the current framework has serious flaws, targeted
amendments could stabilise the two-Act structure and address
the most pressing environmental risks.

“EDS has
identified four major concerns with the
Bills.

Regulatory relief risks undermining
environmental protection

“The proposed regulatory
relief regime could force financially stretched councils to
compensate private landowners for public interest
environmental protections. Without major changes, it risks
creating a chilling effect on indigenous biodiversity and
landscape safeguards.

Environmental limits lack
clarity and strength

“The limits framework has
promise, but exemptions, trade-offs between human and
environmental health with economic aspirations, and
reluctance to allow councils to regulate mean it currently
operates more like a balancing exercise than a true
environmental bottom line.

Public participation is
being stripped away

“Removing meaningful
opportunities for expert and community input undermines both
democratic legitimacy and decision quality. Strong
environmental law relies on transparent processes and
independent scrutiny.

Narrowed planning scope could
weaken outcomes

“The Bills significantly narrow the
scope of planning. This risks creating a system that manages
development down to weak limits – rather than improving
environmental conditions or preventing decline.

“EDS
has asked to appear before the Select Committee where it
will outline its deep concerns and present its
recommendations for practical solutions.

“The
decisions made now will shape Aotearoa New Zealand’s
environmental management for decades, we must get it
right,” concluded Dr
Severinsen.

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