In Hot Water: The Failure Of New Zealand’s Resource Management System To Respond To Climate Change Induced Events

Abstract

The health and vitality of the Kaimaumau-Motutangi wetland in Northland relies on a constant supply of freshwater from the Aupōuri Aquifer. The Kaimaumau-Motutangi wetland is a nationally significant wetland which provides a natural habitat for threatened indigenous flora and fauna. Two group consents to draw over 7,000,000 m3 per year to service avocado orchards pose a potential threat to the replenishment of freshwater to the wetland. After the granting of these two group consents a significant fire began in December 2021. The effect of this fire is yet to be fully realised but significant damage to the wetland ecosystem is expected. The frequency of adverse environmental events, such as fires, is expected to increase due to anthropogenic climate change. Therefore, we must ensure we have a responsive resource management system to preserve our natural resources in the face of significant environmental events. Proponents of our current system argue that statutory powers to review resource consents and adaptive management regimes are capable of warning against environmental changes. This essay argues that review powers under the Resource Management Act 1991 have limited effectiveness in the context of environmental changes. The efficacy of adaptive management regimes relies on appropriate trigger levels and effective responses from consenting authorities. This essay concludes that existing mechanisms are inadequate in responding to changes in environmental conditions.