We acknowledge and support the need for:
1. Long term planning. We see this reflected in the ‘10-year pipeline’, for major construction and infrastructure projects. This is particularly true for the needed roll out in renewable energy infrastructure to phase out fossil fuels.
2. Speeding up (appropriate) development. This includes the need to streamline the approval process for priority projects. However, we would stress that all development must align with the nation’s climate, biodiversity and circular economy national and international commitments and aspirations. Progressive businesses across New Zealand's major sectors are embracing circular economy principles. They are prioritizing low emissions. They are designing out waste and regenerating nature. Prioritizing these activities would significantly benefit our nation.
3. Consultation. We think this needs to be extensive, robust and consistent. It must properly assess and respond to the material concerns and impacts. This is the way to build stronger relationships, better solution design and trust.
We see the following issues, requiring improvements in the proposed legislative changes:
1. Regulatory uncertainty. Businesses require long-term time horizons to invest in large-scale projects. This is especially true for those in infrastructure and construction. The risk of projects being cancelled due to unclear regulations stalls progress. We would support an approach based on the experience gained from the fast-tracking processes implemented during the COVID-19 pandemic.
2. Retaining public trust in environmental oversight. The current Bill represents a significant, and possibly disastrous, downgrade in environmental oversight. It comes at a time when the health of New Zealand’s landscapes, waterways and oceans are already in a dire state. Bypassing established procedures will generate distrust in the government's commitment to environmental protection.
3. Reputational risks for New Zealand. New Zealand continues to trade on and benefit from a ‘clean, green’ image. It aligns strongly with the key export earning sectors of agriculture and tourism. Recent years has seen a rapid increase in major trading partners and corporate buyers like Tesco and Unilever requiring producers to meet and raise those standards. The risk of environmentally damaging infrastructure will inevitably increase with the Bill proposed. It locks in a radical reduction in environmental oversight. This, in turn, could directly jeopardise our success.
4. Barriers to trade and markets. The Bill as currently proposed is inconsistent with our trade, climate and biodiversity commitments. For example, the Aotearoa New Zealand Biodiversity Strategy 2020. This cabinet-endorsed strategy provides national goals and outcomes for the protection, restoration and sustainable use of biodiversity in New Zealand. The proposed Bill goes against not only the intent of this strategy, but also key actions in its implementation plan. Regulations like the European Union’s Deforestation Regulation increasingly require operators to prove their sustainability credentials. Radically reducing environmental oversight on the infrastructure they are developing and using will put their ability to do that at risk.
5. Legacy issues. The Bill puts development issues ahead of biodiversity and climate resilience. Our ongoing development relies on regenerating biodiversity and tackling climate change. Even if the Bill supports short-term development goals it will undermine them in the long term. We are particularly concerned about the likely impact of this Bill on national greenhouse gas emissions. It has already been promoted as a means to ‘fast track’ highly polluting developments, including roads.
6. Ministerial over-reach. The Bill gives ministers broad and poorly defined powers. This represents a dramatic erosion of democratic process in New Zealand. This is especially concerning on issues of such obvious public interests and concern. It will lead to poorer decision-making and poorer outcomes for our nation. It will erode trust. It will create reputational risks for the ministers concerned. This comes at a time when trust building is essential.
7. Transparency. There are critical flaws in the proposed Bill’s approach to public hearings and submissions. These need to be addressed. For example, the Bill proposes requiring public hearings only for larger projects. But smaller projects are likely to have significant impact on local communities, iwi and hapu. This has been demonstrated recently, for example, in reports into critical infrastructure failings in major flooding events in Auckland and Hawkes Bay.
8. Legal issues. The proposed Bill risks switching much of the current administrative burden for these decisions into a necessarily expensive and time-consuming legal forum. Institutionalising a lack of environmental oversight risks decisions becoming subject to long-running proceedings and appeals in the Environment Court and elsewhere.
We have the following recommendations:
1. Work with all parties. Issues of national infrastructure require a cross-party approach. This is especially true now that these need to be co-ordinated with our nation’s response to Climate Change. It would be in the public interest to work with both government and opposition parties to establish a more stable and predictable regulatory environment. This will ensure:
a. Businesses have the confidence to invest in long-term projects.
b. The maintenance and improvement of the necessary environmental assessment, management and regulation.
c. Input from appropriately qualified, transparently selected environmental professionals to advise on project development.
2. Establish more robust accountability for decision making. This might include a role for the Environment Minister similar to their function in the Covid-19 fast-tracking. This would help to ensure environmental considerations are addressed.
3. Align legislation and strategy with appropriately urgent action on climate change. This should include the integration of greenhouse gas emissions assessments, mitigation and offsetting for all major infrastructure developments. Proven implications of continued failure to properly address this in legislation like this include:
a. The cost of billions of dollars in offsets to balance our Emissions Trading Scheme
b. Loss of life, livelihoods and homes, alongside massive costs from increased risks to infrastructure from extreme weather events like Cyclone Gabrielle
c. Increased costs of coastal retreat and associated insurance cost and volatility
4. Embrace inclusion as a feature of democracy, not a fault. The current Bill proposes a very extreme approach to the balance between consultation and speed of delivery. Other ways of addressing the concerns that prompted the Bill include:
a. Better use of technology, including the use of Digital Twins to demonstrate and display developments ahead of time
b. Bolstering local democracy and engagement to increase engagement with consultation processes
c. A collaborative, all-party approach, that shifts away from the current confrontational/legal pathways
d. The understanding and integration of Te ao Māori-based analysis, monitoring and decision making, which is especially applicable and powerful in matters directly relating to landscapes, waterways and ocean.
For the interests of the nation, we suggest the proposed Bill is reconsidered and redrafted with these recommendations in mind.
The submitters:
The Sustainable Business Network (SBN) was founded in 2002. It is Aotearoa New Zealand's largest, longest-standing sustainable business group. It's comprised of a network of more than 500 businesses and other organisations. This includes some of New Zealand’s largest firms, along with a wide range of small and medium-sized enterprises from all sectors. Our role is to transform leading ideas on sustainable business into action in Aotearoa New Zealand.
Go Well Consulting is a full-service sustainability consultancy. It delivers bespoke solutions that future-proof businesses for the sustainable future. It has been working with organisations across multiple industries in Aotearoa and Australia for the past six years. Go Well is well placed to speak for the critical importance of government policy that supports business transition to a circular and regenerative economy.
Coordinate4u was established in 2004. It helps organisations and individuals turn their goals into reality quickly and effectively.
Central Park Self Storage is a family-owned business offering secure and reliable self-storage in West Auckland.
Air Chathams is a proudly New Zealand-owned and operated regional airline, flying over the skies of New Zealand, Australia and the South Pacific.
Futureful
Fruition Horticulture
CarbonTrail makes it easy for businesses of all sizes to understand their impact, and that of their supply chain. Its mission is to secure a prosperous liveable future for future generations by helping Aotearoa New Zealand decarbonise and do more with less.
Charissa Snijders Architect
Ecotricity is New Zealand’s only Toitū climate positive certified renewable electricity, sourced only from wind, solar and hydro. Decarbonisation is at the core of what it does.
Sprintify is accelerating business sustainability by training people in the Sprintify™ System for Rapid Goal Attainment
Dovetail Consulting is a research and evaluation company that supports organisational learning, improvement and evidence-based decision making, working across a range of sectors in Aotearoa.
Forever Forests is a native forestry regeneration enabler connecting land owners and organisations who want to support climate and biodiversity improvement.
The Purpose Business is a strategic consultancy, focused on creating better futures for businesses, people and communities.
Rachel Tinkler Mint Innovation
Fumes NZ
Michelle Barry, Variegate
ESP