Over the years, the Resource Management Act (1991) RMA has received extensive criticism and has been described as creating a “culture of no” by hindering infrastructure, housing, and resource use while failing to adequately protect the environment. The Government is proposing to scrap the RMA and replace it with new planning laws.
What are the changes?
Two New Acts will replace the RMA:
1. Planning Act: will enable urban development and infrastructure.
2. National Environment Act (NEA): will manage environmental effects arising from activities.
How will it affect development?
- The recognition of property rights: The system will be more permissive and standardised on the presumption that land use is enabled unless it produces “externalities” that materially impact neighbours. For example, matters associated with the interior building layout will not be relevant to the resource consent process.
- A reduction in consent categories: There will be a wider use of permitted activities including allowing conditions on permitted activities that require payment of fees and provision of notice to councils to better enable monitoring.
- A more lenient approach to potential reverse sensitivity effects: The Acts will provide protection for lawfully established activities and include potential for reasonable expansion of existing activities over time.
- Māori rights and interests: Māori interests that are in the RMA have been generally carried over, with some more specificity as to how they are applied.
- Updated decision making at National, Regional and Local levels: National policy direction, environmental limits, zone standards and regulations will be delivered at the regional and the local level. Each territorial authority will prepare its chapter of the combined district plan under the Planning Act. Each regional council will prepare a plan for its functions under the NEA.
- New Environmental Limits: The NEA will require environmental limits to be set for core aspects of the natural environment. The Environmental Protection Authority (EPA) will have a role in managing these limits.
When will it be implemented?
The Legislation is expected to be introduced to Parliament later in 2025, brought before the Select Committee in 2026, and passed into law before the next election.
Summary
The focus on property rights and a more liberal planning system that favours developers marks a significant departure from the current RMA.
More information can be found here: Resource management update – April 2025 | Ministry for the Environment
Contact us now on phone: (09) 836-1804 or email: sales@tcec.co.nz if you would like to more information on the impact of these changes on your project.
