August 1999
Report summary
A joint study with the Auditor-General, which reviewed the functionality of the unitary authority model of local government, rather than the performance of individual councils. The report examined how unitary authority councils undertook their environmental management responsibilities compared with those of a selection of regional and territorial authorities.
Commissioner's preface
Debates about the form, functions and sizing of units of local government have continued despite the reforms of 1989. Issues of community of interest, geographical cohesion, rating base and efficiency of policy and delivery function still fuel the debates. Also since 1989, the Resource Management Act 1991 and other environmental management legislation have been enacted - and thus the environmental management functions of local government have continued to expand.
Executive summary
This joint study, undertaken with the Auditor-General, investigated environmental management in the unitary authority model of local government. As the investigation and analysis proceeded it became clear that the key features that contribute to desired region-wide environmental outcomes are more significant than the institutional form or model of local government.
The study focussed on the functionality of the unitary authority model rather than on the performance of individual councils. It examined how unitary authorities undertook their environmental management responsibilities compared with those of a selection of regional councils and associated territorial authorities.
Key features of an effective environmental management system:
- Integrated management
The integrated management responsibilities of local government under the Resource Management Act 1991 (RMA) are not model-dependent. Integrated management requires a commitment by elected representatives and management in whatever model of local government exists to take a leadership role in environmental management, and to integrate structures and processes, strategic focus, management of external relationships, policies and methods, etc.
- Environmental outcomes
Any future proposals to review the form of local government, including the system of environmental management, should first focus on the environmental outcomes sought, then consider the most appropriate structure, systems, resources and linkages to deliver those outcomes (ie form should follow function).
- Separation of regulatory and service delivery functions
The Local Government Act 1974 (LGA) requires that 'so far as is practicable' councils must ensure that their regulatory functions are separated from their other functions (eg service delivery) to avoid any conflicts of interest where the council may be both the regulator and the regulated. As all councils have a mix of these functions, it is important they clearly define their statutory responsibilities, give appropriate effect to statutory responsibilities, establish structures, systems and processes that ensure transparent decision-making, establish conflict resolution processes and make appropriate use of independent commissioners to make decisions on council consent applications.
- Interaction with the public
Local government must be responsive to the needs of the communities it represents and is funded by. Issues that local government needs to consider in its interaction with the public on environmental management matters include: improving public awareness of the council's role and responsibilities, facilitating easy access to services and information that assist environmental management processes and encouraging public and resource users' confidence in the delivery of services and environmental outcomes, and trust in the decision-making and compliance monitoring processes.
General issues
A number of general issues that relate to the delivery of integrated environmental management have been identified in the course of this study. They include:
- the need to establish and maintain formal joint arrangements between councils where there are issues associated with cross-boundary jurisdiction or management of a shared resource (such as a catchment area)
- the potential loss of specialist skills (such as rivers control engineering) that are not being replaced in councils nor are readily available in the private sector, and that could affect a council's environmental management capability
- the need for national guidance on a consistent approach to local government environmental outcome setting and evaluation
- the uneven distribution of financial resources among councils, and the effect this has on their ability to deliver environmental outcomes.
Progress
Examples of initiatives being undertaken to achieve more effective and efficient co-operation among councils include:
- forums on regional growth and land transport in the Auckland region
- recent proposals in Southland to develop a Local Government Forum to encourage, monitor and review opportunities for integrating local government services in the region.
Findings & recommendations
Key Messages
There are more significant factors in determining effective local government environmental management than the nature of the model.
The unitary authority model is as capable of delivering sound, integrated environmental management as any other model, provided that these other more significant factors are addressed.
The actual model adopted by local government to achieve effective environmental management needs to reflect the diversity of environmental issues of the regions and the socio-economic, cultural and biophysical outcomes desired by the communities involved (ie 'one size does not fit all').
It is recommended that:
Unitary authorities
- unitary authorities subject their environmental management performance to routine, independent audits, and that the results of such audits be made public
All councils (individually)
in situations where matters relating to council consent applications are resolved internally under delegated authority between groups within the council, councils keep records of agreements and decisions reached
councils review their current resource management practices to ensure that priority is being given to monitoring, reviewing and reporting on the overall effectiveness of their environmental management
councils review their current environmental management structures, systems and practices in light of the key features of environmental management systems outlined in this report
- councils investigate options for inter-council arrangements to achieve effective, efficient, and integrated resource management outcomes
Local government (collectively)
- local government collectively identifies specialist skills which may exist only on a nation-wide basis, and develops a system for accessing such skills
All councils (individually)
- where there are actual or potential boundary issues affecting environmental outcomes, councils establish joint formal arrangements for managing shared natural or physical resources
Local government (collectively)
- local government collectively undertakes a detailed analysis of its human resource needs to ascertain its capability to undertake current and emerging environmental management responsibilities and, if necessary, invest in appropriate training programmes to meet potential shortfalls
Minister for the Environment
- the Minister for the Environment gives priority to the provision of national guidance to local authorities on the setting and evaluation of environmental outcomes
Central and local government (collectively)
- any future proposals to restructure local government should emphasise the need for effectiveness and efficiency in achieving environmental outcomes.
