Effective and efficient land transport planning more changes on the road ahead

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Effective and efficient land transport planning-
more changes on the road ahead

• James Hassall
• Simpson Grierson

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Central thesis

• Whatever the legislation, in order for it to work
  effectively and efficiently, stronger national
  and regional policy direction is required

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Overview

• Government
• Approach of the Courts
• Legislation
• What to do?

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Government
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Governments view

• Infrastructure has significant implications for
  New Zealanders and the New Zealand environment.
  It contributes directly to living standards,
  quality of life and economic productivity, and
  can have significant environmental implications.
  It is a clear priority of this government to
  facilitate efficient and timely development of
  high-quality infrastructure.
• Cabinet Paper

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Governments view cont

• Integrate and align planning statues and
  planning mechanisms (specifically the RMA, Local
  Government Act and the Land Transport Management
  Act).
• Cabinet Paper

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Governments view cont

• The government is particularly concerned to see
  that better integration of land use, transport
  planning and urban design activity contribute to
  national economic growth and productivity.
• Government Policy Statement on Land Transport
  Funding, May 2009

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Governments view cont

• Most transport problems require the involvement
  of many government agencies and private sector
  stakeholders to develop solutions. For instance,
  improvement in road safety can require
  coordination between road controlling
  authorities, regional councils, the Police, the
  Accident Compensation Corporation, the Ministry
  of Health, district health boards, community
  groups and transport funders. All transport
  entities are expected to participate in a
  collaborative way with other agencies to reach
  coordinated solutions.
• Government Policy Statement on Land Transport
  Funding, May 2009

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The Undeveloping Nation
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Approach of the Courts
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No simple fix

• Having regard to the nearly intractable issues
  of transport planning within Auckland and the
  issues of growth, we do not think that there is
  any procrustean remedy (one size which fits all)
  for these infrastructural problems. Thus,
  intervention by the Court or legislation is
  unlikely to have outcomes which are always fair.
• TNZ v Papakura DC A61/2006

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No integration

• Opposition to development by NZTA through
  controlling intersections and connections
  criticised as an attempt to control where
  development occurs
• TNZ v Southland DC C42/2006

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Integration

• Waikato Regional Policy Statement provides for
  inter-agency integration and cross-boundary
  processes
• Any rezoning as sought would be ad hoc, and
  would prevent long term sustainable development
  outcomes from being achieved in this critical
  area, namely the boundary between Hamilton City
  and the Waikato District.
• G Bettley and Sons v Waikato District Council
  A122/2008

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Policy guidance helpful

• There is no national policy statement under RMA
  which gives guidance in relation to the
  development of renewable energy in general nor on
  the development of wind farms in particular.
  Policy guidance would be helpful to consent
  authorities and this Court in resolving issues
  such as the conflict between (supposed) national
  interest on the one hand and adverse effects on
  neighbours of wind farms on the other.
• Motorimu Wind Farm Limited v Palmerston North CC
  W067/2008

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Legislation
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Integration RMA

• Integration already requirement of RMA
• RMA
• s.30(1)(gb) Regional Council function
• the strategic integration of infrastructure
  with land use through objectives, policies, and
  methods
• s.31 district councils should achieve
  integration
• Note LGAAA purpose is to improve the
  integration of the Auckland regional land
  transport system

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RM Amendments

• Councils may prepare, administer and implement
  combined regional and district documents (s.80)
• Now no compulsory notification of notices of
  requirement (s.169)
• No presumption of notification
• Council can decide not to notify or to limited
  notify (ss.95-95F)

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Further RM Amendments proposed

• RMA Phase II
• Improving infrastructure provisions
• Review of role of designations and compensation
  and examine other effective ways for planning for
  and managing the effects on network
  infrastructure
• RMII-I, RMII-U and RMII-W

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Integration LTMA

• The purpose of this Act is to contribute to the
  aim of achieving an affordable, integrated, safe,
  responsive, and sustainable land transport system
  (s.3)
• Integration repeated throughout the Act

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Legislation changes cont

• LTMA review
• Announced by Steven Joyce on Wednesday last week
• Aims to ensure compliance costs are minimised and
  planning processes simplified
• Not a major rewrite
• Amending legislation in place by end of 2010

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What to do?
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Using existing tools effectively?

• More effective policy statements?
• National Infrastructure Plan
• Regional Policy Statements
• More effective project management?
• Cross agency co-operation
• Integrating statutory processes, eg consultation
• Joint consenting
• Running PWA process in conjunction with RMA
  process

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Using existing tools effectively?

• Pro-active involvement in planning?
• Involvement in RMA plan-making procedure

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Benefit from legislative change?

• Notice of requirement notification ? done
• Longer lapse periods for designations?
• Recognition of public benefit of infrastructure?
• Express recognition of infrastructure throughout
  RMA?

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