SEA in New Zealand1 Developments on Two Converging Paths Martin Ward, Independent Advisor, New Zealand

SEA in New Zealand2 There is no legislation, regulation or other formal requirement that requires SEA to be undertaken in New Zealand. However there are many SEA-like activities. These fall within two broad grouping: SEA-like activities addressing national policy matters SEA elements and activities within environmental planning frameworks Both groups comfortably fit within definition of para-SEA (Sadler / Dalal-Clayton, 2005).

SEA in New Zealand3 SEA-like activities addressing national policy matters Some examples: Environmental Implications of Socio-economic and Structural Change in New Zealand (1996) National Interest Analysis of International Treaties (1997) Parliamentary Select Committee into the Environmental Effects of Road Transport (1998) Parliamentary Commissioner for the Environment Report on Urban Water System Issues for the 21 st Century (2000) Commonly these studies include social aspects, but formal public participation does not feature.

SEA in New Zealand4 SEA in regional and district level environment planning The Resource Management Act 1991 is cited by planners as providing a set of procedures and tools that deliver a SEA-like analysis. Public participation is more-or-less unrestricted. Specifically there is in the RMA a narrow and explicit SEA requirement– section 32 analysis – that is more classic SEA although public participation is restricted. The non-statutory Auckland Regional Growth Strategy, subsequently enshrined by legislation, has many characteristics of SEA.

SEA in New Zealand5 Recent Developments in SEA in New Zealand Two recent developments, one in legislation and the other in practice guidance demonstrate progress in SEA application in this area. The passage of new legislation: Land Transport Management Act 2003 Local Government Act 2002 The development of professional guidance: SEA training workshops and master classes for transport planners Formal methodological and practice guidance on Health Impact Assessment at a policy level

SEA in New Zealand6 The Two Paths The two clear paths for SEA application are: 1.SEA of Central Government policy 2.SEA of Local Government plans and programmes The Analysis of recent activities identifies convergence through methodology development and application.

SEA in New Zealand7 A number of government strategies and policies promote sustainability; transport is one of the most explicit. New Zealand Transport Strategy, 2002: Vision - By 2010 New Zealand will have an affordable, integrated, safe, responsive and sustainable land transport system. The New Zealand Transport Strategy Objectives are: Assisting economic development Assisting safety and personal security Improving access and mobility Protecting and promoting public health Ensuring environmental sustainability Central Government Policy led: transport planning

SEA in New Zealand8 Land Transport Management Act 2003 Purpose - To contribute to the aim of achieving an integrated, safe, responsive and sustainable land transport system Key elements of SEA in the Land Transport Management Act sustainability focus in purpose statement requirements to ensure early and full consideration of land transport options and alternatives requirement to provide early and full opportunities for public participation These carry through to the preparation of regional land transport strategies. Central Government Policy led: transport planning

SEA in New Zealand9 Entry points for SEA in New Zealand policy making Improved collaboration by central government departmental policy makers has been driven by: Sustainable Development Plan of Action A group of initiatives referred to as “joined up government” An important outcome is wider understanding of the nature and extent of impact on the health and well-being of society, of non- health policy, eg education, housing, transport. The Public Health Advisory Committee has produced, and is providing training in the use of a Health Impact Assessment Guide of Policy Makers.

SEA in New Zealand10 Region and Government District led: regional & community planning The Local Government Act 2002 establishes a clear requirement for district and regional councils to engage closely with their communities to map out an environmental future for the area (together with social, economic and cultural aspects). In response to need not statute, several metropolital areas (city plus per-urban margin) are involved in urban development strategies with strong environmental component. Both activities with little reference to or assistance form the Resource Management Act.

SEA in New Zealand11 Regional and District (“Local”) Government led: planning The Local Government Act 2002 describes the Purpose of Local Government as to: 1.Enable democratic decision-making and action by, and on behalf of, communities 2.Promote the social, economic, environmental, and cultural well-being of communities, in the present and for the future The Act requires councils to prepare Long-term Council Community Plans (LTCCPs). Among other things, the LTCCP will: set out community outcomes (the community’s judgements about what it needs to promote its well-being) and the local authorities intended contribution to those outcomes set out the things the local authority will be doing over the life of the plan

SEA in New Zealand12 In the absence of institutional requirement and much professional practice of SEA, it’s role is being occupied by HIA. The wider definition of public health – “health and well being of society”, and including a strong cultural component has seen HIA being increasingly used. Environmental aspects are included as the determinants of health, eg: air qualityrespiratory conditions and disease water qualitywater borne infection contaminated landchronic and acute poisoning HIA is proxy for SEA in New Zealand

SEA in New Zealand13 Convergence Arises in the Application of HIA Guide for Policy Makers The Public Health Advisory Committee HIA Guide for Policy Makers first published in 2003, revised in First applications: land transport funding arrangements (central government) suburban community plan (district council) urban development strategy (district and regional councils) Next proposed applications: Regional Land Transport Strategy

SEA in New Zealand14 The Resource Management Act, the principle planning statute, includes some elements of SEA although does not specifically provide for SEA as such (Dixon, 2005). For example, the Act provides for an integrated approach to environmental management which achieves some of the aspirations and outcomes of SEA. “However it is not always easy to discern what might be identified as SEA in practice, as opposed from environmental planning.” Section 32 analysis is SEA by most definitions. But is the SEA label misplaced in respect of the RMA as a whole? A Footnote: The RMA