RMA part two. Principles of the Act.
Well it has been so long since I wrote the first blog on the RMA that you have probably forgotten I had even said there would be a part two. I have just been absolutely snowed under with work, study and life in general. As indicated before I have been studying towards my Diploma in Real Estate through the Open Polytechnic and I have now only got one assignment left to do by correspondence then I will have completed it. This has not been an easy task, 30 assignments in 4 months was a huge task but as they say where there is a will there is a way. Anyway enough of the reasons for the delay and on with the RMA principles.
Basically the principles of the act relate to how the purpose will be achieved. The purpose as described in the act being.
(1) The purpose of this Act is to promote the sustainable management of natural and physical resources.
(2) In this Act, sustainable management means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety while-
- o (a)Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and
- o (b)Safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and
- o (c)Avoiding, remedying, or mitigating any adverse effects of activities on the environment.
Obviously there needs to be guidelines as to how this purpose will be achieved and hence the principles were introduced. What does this mean to the general public? If a purchaser wishes to do anything different to a property that is for sale, be it a residential property or a commercial property such as a motel, then they must comply with the act and these principles. The change must be reviewed against these principles and the question asked. Will the change they are going to implement fit within these criteria? If not a consent will be required and the purchaser will have to go through the consent process.
The principles are
6)Matters of national importance
- In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance:
- o (a)The preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development:
- o (b)The protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development:
- o (c)The protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna:
- o (d)The maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers:
- o (e)The relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga.
- o (f)the protection of historic heritage from inappropriate subdivision, use, and development.
- o (g)the protection of recognised customary activities.
7) Other matters
- In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to-
- o (a)Kaitiakitanga:
- o (aa)The ethic of stewardship:
- o (b)The efficient use and development of natural and physical resources:
- o (ba)the efficiency of the end use of energy:
- o (c)The maintenance and enhancement of amenity values:
- o (d)Intrinsic values of ecosystems:
- o (e)[Repealed]
- o (f)Maintenance and enhancement of the quality of the environment:
- o (g)Any finite characteristics of natural and physical resources:
- o (h)The protection of the habitat of trout and salmon:
- o (i)the effects of climate change:
- o (j)the benefits to be derived from the use and development of renewable energy.
8) Treaty of Waitangi
- In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).
As professional agents we should be aware of the Act as with any other relevant legislation and be able to advise clients where to go to seek the appropriate advice on their plans for change. It is this in-depth knowledge of real estate which helps make us professionals and is one of the reasons for people to choose to use an agent rather than a private sale process as they can see the value we can add to the transaction.