Bring on the legislative ping-pong!

In 2020 an independent review suggested a repeal and replacement of the RMA system. The then-Labour government spent years doing the right thing, consulting affected groups and developing consensus policy, before progressing two replacement bills (the Spatial Planning Act 2023 and Natural and Built Environment Act 2023) through parliament under the normal legislative process. They eventually passed right before the 2023 election. The radical far-right National regime immediately repealed them. National unveiled its own version late last year, including American bullshit like "regulatory relief" (a propertarian scam to fiscally intimidate councils against regulating), and of course cutting the public out of environmental decision-making completely so Shane Jones's donors can drive their bulldozers everywhere. It came back from select committee last week, and its now (somehow) even worse, with the regime planning to statutorily nullify existing Mana Whakahono ā Rohe agreements (agreements between iwi and councils to manage the former's statutory consultation rights under both planning law and Treaty settlements) and allowing Ministers to rubberstamp consents despite their being otherwise illegal. The latter is a giant Henry VIII clause, fast-track on steroids, and further entrenches the nexus of corruption which has proven so profitable to government ministers with the fast track law. It is a recipe for further naked corruption and environmental devastation.

This is not what the public wants. According to the bill's departmental report, 74% of submissions were opposed, with only 3.7% in support. But its what donors wanted, and that's who buys this regime. But such overwhelming public opposition is a licence for the next government to take a hatchet to the bill and change it - or simply repeal it outright.

Chris Hipkins has (sadly) ruled out the latter. Its disappointing - I want to see National's legislation, all their legislation, burned to the ground and the earth salted - but understandable. Starting from scratch will take them three years again, just in time for a potential repeal. Chopping the obnoxious features out can be done in one, with a full parliamentary process. Or, if they're in the parts of the bill which take effect immediately and do irreparable harm, it can be done in a day under all-stages urgency. The next government doesn't need to hurry, as if passed the law won't take effect until 2029, but it also shouldn't piss about. Getting it done quickly and embedding the changes in the new planning process so that they are difficult to unpick without everyone having to do a shitton of extra work needs to be a priority.

And sure, if the government changes again, National could just reimpose their radical propertarian bulldozer bullshit. But so what? Let them play legislative ping-pong trying to repeatedly impose their radical, unpopular, weird ideas - and make them pay the price for it. "Environmental law should actually protect the environment", "Ministers shouldn't be allowed to take bribes", and "No-one should be able to approve a nuclear waste dump, no matter how much money someone slips Shame Jones" are not unpopular propositions in this country. Every time National espouses those ideas is going to cost them, and hopefully lose them more support. So make them argue for those unpopular positions as often as possible. Don't let them win by default because labour was too cowardly to fight back.