New Zealand Law Society - Crown pastoral land proposals could lead to duplication

Crown pastoral land proposals could lead to duplication

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Proposals for changes to the management of Crown pastoral land could result in unecessary and inefficient regulatory duplication, the Law Society has said.

Commenting on a Land Information New Zealand discussion document on the proposed changes, the Law Society says it appears a dual regulatory regime is proposed, under the Crown Pastoral Land Act and the Resource Management Act 1991. However, it is not clear that the potential for unnecessary duplication of an inconsistency with the existing RMA regime has been adequately explored.

“It is not clear why a dual regulatory regime for consents under both Acts is needed in relation to Crown pastoral land. The RMA applies to all land use regardless of how it is owned, and the discussion document does not explain why the effects of the use of Crown pastoral land cannot be managed under the RMA alone.”

The Law Society says if regulatory gaps need to be addressed, it would have been helpful for the discussion document to have examined the mechanisms currently available in the RMA.

“Providing direction through the appropriate mechanisms in the RMA, rather than establishing a new consent process for pastoral lessees, might ensure that the objectives in managing Crown pastoral land are achieved without unnecessary duplication or inconsistency with the existing RMA regime.”