A Model for Integrated Coastal Management Legislation: A Principled Analysis of New Zealand’s Resource Management Act 1991

Abstract

In this paper we set out the key components of Integrated Coastal Management (ICM) legislation and show how the Resource Management Act 1991 implements ICM in New Zealand. In Part II of this paper we briefly discuss why ICM is needed and the definition of ICM. We then identify the key tools for delivering ICM. Part III outlines three general components that we consider need to be provided for in any successful legislative framework for ICM. These are policy goals, legislative provision and decision making bodies. The RMA is then assessed to determine the extent to which it makes provision for these components. Parts IV to VIII discuss five specific kinds of tools that we consider an ICM legal framework should make provision for in order to give effect to ICM in decision making. These are: jurisdiction over the coastal environment, integrated planning, a consent process, public participation and informed decision making. We then consider how successfully each of these kinds of policy is implemented under the RMA. Part IX acknowledges that the ability of ICM to successfully manage intensive use and conflict is not without criticism. We briefly consider these criticisms in light of New Zealand’s experience with the RMA.