A comparative study of land use planning under the Resource Management Act 1991 and the Town and Country Planning Act 1977

Abstract

This study examines the hypothesis that the change in land use planning ideology embodied in the Resource Management Act has had a significant effect on the practice of land use planning in New Zealand. The Resource Management Act 1991 represented a major review of land use planning statutes in New Zealand and introduced a new planning ideology of 'sustainable management' drawn from international recognition of the emerging 'sustainable development' paradigm.

A comparative analysis is undertaken of the emerging district plans prepared under the Resource Management Act 1991, and their preceding district schemes prepared under the Town and Country Planning Act 1977, in order to determine the significance of the effects of the statutory change on district planning practice. Five proposed district plans prepared under the Resource Management Act and the preceding district schemes are analysed with respect to two key planning issues: the protection of residential amenities through restrictions on the establishment of non-residential activities in residential areas, and the protection of high quality soil resources through rural subdivision controls.

The conclusions of this analysis are that while the land use planning ideology embodied in the Resource Management Act 1991 represents a significant change, the scope of district planning under that Act is comparable in many respects to its previous form. Local authority planning practitioners have generally retained past approaches to planning controls with respect to these issues in the proposed district plans.