Submission: ELI response to the Environment (Disestablishment of the Ministry for the Environment) Amendment Bill
The Environmental Law Initiative has provided a submission on the Environment (Disestablishment of the Ministry for the Environment) Amendment Bill.
The following is a summary of our key points. You can read our full submission by clicking on the image or button at the bottom of the page.
Summary
ELI opposes the Bill.
ELI acknowledges the driver of joined up policy advice across interrelated areas. However, in the present situation, the Ministry for the Environment (MfE) is already responsible for an expansive mandate covering the full breadth of Aotearoa’s natural and physical environment.
Environmental legislation passed since the creation of MfE in 1986 has been drafted on the basis of a separate and functioning environmental Ministry.
In our view, the proposed restructuring poses a significant risk that the legislative functions, duties and powers under these Acts will be disrupted and that the core functions of MfE will be weakened. These risks are exacerbated by placing Secretary for the Environment functions with the Chief Executive of the new Ministry without any consideration of how to balance potentially competing functions.
There is insufficient detail and analysis in the proposal to assess how the new Ministry will perform the full range of legislated functions currently sitting with MfE. There does not appear to have been an options analysis to achieve more joined up advice while retaining the benefits of a standalone Ministry for environmental matters.
Risks of reduced public sector capacity on environmental matters
ELI is concerned that the proposed disestablishment of the Ministry for the Environment could have the following impacts:
· Reducing public sector capacity to deliver technical advice in areas that are currently core to MfE’s functions but tangential to the overall purpose of the new Ministry – such as freshwater, biodiversity, air quality, and oceans.
Compromising independent advice on environmental matters that conflict with other roles of the proposed agency, with environmental concerns being subordinate.
Reducing capacity for whole of government advice on emissions reduction and climate resilience; with particular risks to independent advice on transport emissions.
· Reduced capacity to deliver high‑quality environmental monitoring and reporting across the full range of necessary indicators (which are already under-resourced).
To mitigate the risks above, ELI recommends
· Establishing the Secretary for the Environment as the Deputy Chief Executive of the new Ministry, with an exclusive mandate for environmental matters. The Bill could be amended to establish the appropriate structure to give effect to this. The Ministry for Primary Industries currently operates a similar structure of Deputy Director-Generals having delegated authority for discrete areas of operation.
· Providing direction that the new Ministry must prioritise environmental outcomes across all functions.