Regulatory standards shine through in new planning system

ACT Leader David Seymour says the new “regulatory relief” regime in the Government’s planning reforms shows a sea change in regulatory culture.

“The principles of the Regulatory Standards Act shine through in the Government’s new planning system.

“Under the Regulatory Standards Act, if politicians want to restrict your freedom or the use of your property, they have to identify the problem, weigh the costs and benefits, and front up about who pays. Regulatory relief applies that principle, concretely, to planning law.

“Under the new planning system unveiled by Simon Court and Chris Bishop yesterday, when councils impose significant restrictions on land – such as heritage listings or significant natural area and landscape protections – they must consider the impact on the landowner and, where the impact is serious, provide relief.

“For decades, councils could load rules onto private land as if the cost was zero. Now, if they drastically reduce what you can do on your land, they need to justify it at a high bar or provide meaningful relief, such as compensation for the landowner. That’s exactly the culture change the Regulatory Standards Act is designed to deliver.

“Planning rules have been some of the worst offenders when it comes to ignoring property rights. Regulatory relief forces councils to confront the real cost of the plans they place on other people’s land. It turns ‘because we said so’ into ‘because here is our justification, and here is the relief we’re offering’.

“The new system also establishes a Planning Tribunal so property owners can challenge disproportionate conditions or inadequate relief.

“The Tribunal is to planning what the Regulatory Standards Board is to the wider statute book: a way to challenge bad regulation. Rule makers at regional authorities wield the power to wreck people’s livelihoods, and it’s only right that the people have tools to hold them to account.

“The combination of the Regulatory Standards Act and regulatory relief marks a fundamental shift away from costless regulation.

“This is the start of a new regulatory culture in New Zealand: if it’s your land and you’re not harming anyone else, the law should default to letting you use it – and if the authorities really want to restrict you, the authorities should share the cost.”