Public participation and the Resource Management Act 1991: participation for whom?

Abstract

The passage of the Resource Management Act 1991 held a promise - a promise that everyone would be entitled to participate in environmental decision-making. However, while the open standing provisions of the Act have removed a significant legal constraint on public participation, the mere formal right to participate has not overcome the disparities between groups and the disincentives to participation that existed prior to its introduction. This paper explores some of the barriers to public participation in the preparation of regional policy statements. Regional Policy Statements are mandatory planning documents under the Act. In theory, they are intended to express the collective expectations of individuals, communities and organisations within each region. The research presented explores who is participating in the formation of regional policy. The results suggest that the ability to participate remains dependent upon the resources available to do so. To take part requires time, money and expertise. These resources are available more readily to some groups than to others. While barriers to effective public participation remain, the potential of the RMA to improve the quality of environmental decision-making by ensuring all views are heard is unlikely to be realised. Rather than reflecting collective expectations or community aspirations, debate over resource management issues is likely to be limited to the options favoured by those with the resources to take part. The future of public participation under the RMA will depend upon the sustained commitment and the capacity of the public to overcome the barriers to the exercise of the rights guaranteed to them under the RMA. It will also be dependent upon the success of the Ministry for the Environment in carrying out its statutory responsibility to monitor the implementation of the Act and in fulfilling its obligation to ensure effective participation in environmental decision-making.