Unless we improve the law, history shows rushing shovel-ready projects comes with real risk
Alexander Gillespie, Professor of Law, University of Waikato If the road to hell is paved with good intentions, so too is the road to economic recovery if we don’t get it right. The Covid-19 Recovery (Fast Track Consenting) Bill, currently rushing through the parliamentary process, certainly has noble aims. In simple terms, the new law is designed to green light a number of projects that would normally take much longer to be approved under the Resource Management Act. In the process, its architects argue, it will boost employment and kickstart economic recovery. The trick will be balancing those aims with the law’s other lofty ambition “to promote the sustainable management of natural and physical resources”. History shows this is not always the way it goes. The past should guide us Governments often pass laws with vast powers during emergencies to drive economic recovery. The law of unintended consequences can take a lot longer to repeal. During the great depression in the 1930s, new laws to deal with mass unemployment were often degrading in practice. Unemployed people were sent far and wide from their homes to perform sometimes useless tasks. In the late 1970s, the National government of Robert Muldoon tried to reduce the country’s dependence on imports with so-called “Think Big” projects. Special laws were passed to circumvent normal planning mechanisms and we are still dealing with their economic and environmental consequences. The Clyde Dam, fast-tracked as part of the Think Big policy in the 1970s but with long-lasting problems. More recently, the Christchurch and Kaikoura earthquakes have pushed dozens of laws to one side. This resulted in citizens and communities struggling to be heard, be treated fairly and have their rights protected under the emergency recovery process. We are now inviting the same risks with the proposed fast-track consenting law. It will be the most radical shake-up of environmental regulation in […]