| Title | INFORMATION FOR GEOTHERMAL RESOURCE MANAGEMENT: THE CURRENT LAW AND POSSIBLE REFORM |
|---|---|
| Authors | P. Parson |
| Year | 2015 |
| Conference | New Zealand Geothermal Workshop |
| Keywords | Regulation, policy, information, information sensitivity, resource management, sustainability, integration |
| Abstract | Regional councils have a legal duty to gather information necessary to carry out their regulatory functions and ensure the sustainable management of geothermal resources. A substantial information base is required in order to ensure that environmental and commercial objectives are met. Suitable information is essential for monitoring, effective commercial operation, adaptive management, protection of surface features, protection of features of cultural significance, and assurance of the overall sustainability of the resource. This paper explores the law for provision of information to regional authorities responsible for geothermal resource management. Investigation is made into the existing law, under New Zealand’s Resource Management Act 1991, in relation to information gathering generally, powers to obtain information from permit holders, confidentiality of information for reasons of commercial sensitivity, and the use of information in data modelling. Information gathering is also explored under regimes other than via the RMA. The commercial needs of permit holders and shareholders, and the public interest role of regulatory agencies are taken into account. While commercial geothermal operators are responsive to the regulatory regime there is nevertheless some tension between the objectives of commercial operators and regulatory authorities (Burnell et al, 2015). The interests of tangata whenua in geothermal resources is also acknowledged. While information matters specific to Maori are not covered by this paper, research may show developing information requirements extends to include such matters. Research suggests opportunities to develop information requirements as regulation for sustainable management for geothermal resources are found in existing legislation, case law, information disclosure principles of other regulatory regimes, and via international reporting requirements for natural resources. This paper is compiled as a preliminary discussion document, with research currently in progress. All legislation referred to is the Resource Management Act 1991, unless stated otherwise. |