Nutrient Trading in Lake Rotorua: Legal Mechanisms

This report provides a brief overview of the issues arising from a nutrient trading programme within the context of the Resource Management Act 1991 (RMA). In our view, a nutrient trading programme can, in theory, be developed within the context of the RMA in its current form.

The approach would likely involve a regime requiring resource consents (administered by Environment Bay of Plenty under its Proposed Regional Water and Land Plan) for a range of activities which have the potential for nutrient leaching.

The key element of the regime would be conditions on resource consents requiring specified numbers of “nutrient emissions units” to be held and surrendered according to a process specified in plan rules.