Precedent Effects under the Resource Management Act in New Zealand

Precedent effects under the Resource Management Act (RMA) 1991 in New Zealand refer to the concern about the influence that granting a particular resource consent might have on the consideration of subsequent applications.

It is the idea that allowing one activity might set a precedent for allowing similar activities in the future, which could potentially undermine the integrity of the relevant planning instruments.

Consideration of Precedent Effects

Precedent effects are not considered effects on the environment per se, but they are a relevant matter in determining an application for resource consent. The courts have cautioned against attributing too much weight to purported precedent effects because every application must be considered on its own merits.

However, the potential for precedent effects is acknowledged as a relevant factor for a consent authority to consider.

Legal Framework

Precedent effects are a relevant consideration under section 104 of the RMA.

Section 104 sets out the matters that a consent authority must consider when determining an application for resource consent, including any actual and potential effects on the environment of allowing the activity.

Precedent effects are usually considered under s104(1)(c) of the RMA, noting they are not an effect on the environment and is therefore not a consideration under s104(1)(a).

Usually, the precedent effect relates in some way to relevant provisions under a district plan or other statutory document, so there may also be some overlap with the consideration under s104(1)(b).

Judicial Guidance

The courts have provided criteria to guide the decision on whether to apply the permitted baseline, which allows a consent authority to disregard certain adverse effects of a proposed activity. This guidance is relevant because the permitted baseline can influence the assessment of potential precedent effects.

Summing Up

In summary, precedent effects are considered under the decision-making process for resource consents, particularly under section 104 of the RMA. They are taken into account as part of the overall assessment of the potential impacts of a proposed activity, but they do not have the same status as direct environmental effects.

The courts have indicated that while precedent effects are relevant, they should not be given undue weight, and each application should be assessed on its individual merits.