Councils
and the law
Local
authorities and the law of the land
Regulatory
powers
Local authorities can make and enforce bylaws to manage
a whole range of local issues and situations.
National
laws and their impact
Parliament makes
the laws that constrain and empower councils.
Resource
management
Sustainable management
of natural and physical resources is required, guided and empowered
by the Resource Management Act.
Keeping it clean and green
The Building Act
Local government administer the
Act that sets the standards for our homes and workplaces.
Checks and balances for local government
Six Officers of
Parliament also have a local government role.
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Keeping it clean and green
The
purpose of local government in New Zealand was more clearly stated
in the Local Government Act 2002 than in previous legislation. But
LGA 2002
is not the only law to guide local government – the Resource
Management Act is another major law that must be taken into account.
Keeping it clean and green
Water, air and land – use of these simple resources underpins
all our activities. But life as we know it can not continue without
plentiful supplies of quality water and air.
It is well recognised that we need to plan for sustainable development.
This type of policy has been given greater weight not only within New
Zealand, but also in the United Nations. However, communities can divide
over the use of these critical resources.
The Resource Management Act 1991 (RMA) is the core of the legislation
intended to help achieve sustainability in New Zealand. The Act’s
purpose is to promote the sustainable management of natural and physical
resources.
By bringing together laws governing land, air and water resources
and concentrating on the environmental effects of human activities,
the Resource Management Act has introduced a new approach to environmental
management.
The RMA sets out how we manage our environment, including:
- air
- water
- soil
- biodiversity
- the coastal environment
- noise
- subdivision
- land use planning in general.
The Ministry for the Environment is responsible for administering
the RMA and ensuring that it is being implemented effectively.
Putting it into effect
The Resource Management Act guides many of the activities of local
authorities, especially of regional councils who deal mainly with
environmental concerns such as:
- management of the effects of use of freshwater, coastal waters,
air and land
- biosecurity control of regional plant and animal pests
- river management, flood control and mitigation of erosion
- regional land transport planning and contracting of passenger services
- harbour navigation and safety, marine pollution and oil spills
- regional civil defense preparedness.
For example, when district councils in the Wairarapa, the Greater
Wellington Regional Council and other interests consider
the Wairarapa Coastal
Strategy, they will be taking both LGA 2002 and the
RMA into account. Such a Strategy has no legal status until the
processes
of both
Acts have been followed.
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