On Sunday, the Government released details of its proposed replacement legislation for the Resource Management Act 1991 (RMA), seeking to introduce an enabling regime premised on enjoyment of private property rights.
The replacement of the RMA seeks to fulfil phase three of the Government’s three-phase reform plan following its repeal of the Natural and Built Environment Act 2023 and Spatial Planning Act 2023, amendments to the RMA and the introduction of the Fast-track Approvals Act 2024.
In September 2024, the Government tasked an Expert Advisory Group (EAG) to develop a blueprint to replace the RMA based on ten principles for the new resource management system – with the subsequent EAG blueprint (Blueprint) being publicly released on Sunday.
The Blueprint addresses the main failings of the RMA identified by the EAG and provides 21 key recommendations. Cabinet has agreed that the Blueprint delivers a workable basis for a new planning system and has made in-principle decisions on a range of new features for the system, agreeing to the majority of EAG’s recommendations.
The Government states it intends to introduce replacement legislation for the RMA to Parliament before the end of the year and pass it into law before the general election in 2026.[1] The new legislation, which signals a significant shift in how natural resources will be managed in New Zealand, promises a simplified and clearer approach.
Key aspects of the proposed system
- Two new Acts. The Government will replace the RMA with two new Acts:[1]
- A Planning Act (PA) focused on regulating the use, development and enjoyment of land.
- A Natural Environment Act (NEA) focused on the use, protection and enhancement of the natural environment. Cabinet states that this focus is subject to further advice on ensuring the Act’s purpose recognises that protection and enhancement must be proportionate as the Act is intended to be enabling.
- Scope. The scope of the effects that the resource management system controls will be narrowed, based on the economic concept of “externalities”.[2] Effects that are borne solely by the party undertaking the activity will not be controlled by the new system (for example, interior building layouts or the configuration of outdoor open spaces for a private dwelling).[3] Matters such as financial effects and effects on trade competition will be excluded.[4]
- Enabling land use. Both the new Acts will enable land use, unless there is a significant enough impact on either the ability of others to use their own land or on the natural environment.[5] The Government states that there will be an expansion in the range of permitted activities and clear protection for lawfully established existing use rights, including the potential for the reasonable expansion of existing activities over time where the site is “zoned or owned”.[6] The legislation will include protection against regulatory takings, with the details of this to be decided under delegation.[7] Although Cabinet has not fully agreed to the EAG’s recommended method for simplifying activity status, Cabinet agrees that the legislation will have fewer consent activity classes than the RMA.[8]
- Simplifying. The Government proposes to simplify national direction by requiring one set of national policy direction under each of the two Acts.[9] Direction under the NEA will cover freshwater, indigenous biodiversity and coastal policy. Direction under the new Planning Act will cover urban development, infrastructure (including renewable energy) and natural hazards. The national direction will contain guidance on how to resolve conflicts between competing priorities.[10]
- Certainty. The new system will contain a clearer legislative basis for setting environmental limits for the natural environment to provide more certainty around where development can and should be enabled.[11]
- Standardisation. The new legislation will provide for greater standardisation, shifting the focus of policy setting to a national level while still maintaining local decision making.[12] There will be nationally set standards, including standardised land use zones.[13] National standards and standardised zones will channel most of the administrative activity in the current system into “default” solutions set once at the national level, with “safety valves” available to allow genuinely novel issues to be given adequate consideration on a case-by-case basis.[14]
- An end to regional policy statements. Regional policy statements will be eliminated and partially replaced by spatial plans made under the PA.[15] The PA will include mandatory and optional matters for spatial plans to address with a strong focus on enabling urban development and infrastructure within environmental constraints.[16]
- Reduction. The Government seeks to reduce the number of plans and policies in the system. Each Act will require one combined plan per region which will include a spatial planning chapter, an environment chapter and planning chapters (one per territorial authority district).
- Treaty of Waitangi. In relation to the Treaty of Waitangi, Cabinet has directed the Minister Responsible for RMA Reform and Parliamentary Under-Secretary for RMA Reform to report back on a Treaty of Waitangi clause different to that currently contained in section 8 of the RMA.[17] Cabinet states it will work with officials to ensure the system is explicit about how Māori groups interact with the planning system, while also ensuring that any Treaty settlements are upheld.[18]
- Consistency. A national compliance and enforcement regulator will be set up after the new legislation has been introduced to ensure consistency as well as reduce the variability in compliance and enforcement activities across regions.[19]
- New planning tribunal. Cabinet agrees in principle with the EAG’s recommendation for a new planning tribunal to offer quick, low-cost conciliation and administrative review of council functions such as notification and determination of the meaning of consent conditions.[20]
Next steps
The Government has indicated that it intends to introduce the new legislation to Parliament by the end of 2025, bring it before the Select Committee in 2026 where the public will be able to make submissions, and pass it into law before the 2026 general election. Until then, it is business as usual under the RMA.
- Questions? Please get in touch with our expert Resource Management team if you’d like to discuss this proposed reform further.
- Sign up for our Queenstown seminar. Partner Josh Leckie will discuss the reform, along with the Fast Track Approvals Act, at his 9 May seminar. Find out more and register here.
[1] Ministry for the Environment, Factsheet: Resource management reform, March 2025 at 1 and 3-4.
[2] At 1.
[3] Media Release: “New planning laws to end the culture of “no””, Hon Chris Bishop and Hon Simon Court, 24 March 2025 at <https://www.beehive.govt.nz/release/new-planning-laws-end-culture-%E2%80%98no%E2%80%99>.
[4] Ministry for the Environment, Factsheet: Resource management reform, March 2025 at 4.
[5] Media Release: “New planning laws to end the culture of “no””, Hon Chris Bishop and Hon Simon Court, 24 March 2025 at <https://www.beehive.govt.nz/release/new-planning-laws-end-culture-%E2%80%98no%E2%80%99>.
[6] Media Release: “New planning laws to end the culture of “no””, Hon Chris Bishop and Hon Simon Court, 24 March 2025 at <https://www.beehive.govt.nz/release/new-planning-laws-end-culture-%E2%80%98no%E2%80%99>.
[7] Ministry for the Environment, Factsheet: Resource management reform, March 2025 at 4.
[8] At 7.
[9] Media Release: “New planning laws to end the culture of “no””, Hon Chris Bishop and Hon Simon Court, 24 March 2025 at <https://www.beehive.govt.nz/release/new-planning-laws-end-culture-%E2%80%98no%E2%80%99>.
[10] Ministry for the Environment, Factsheet: Resource management reform, March 2025 at 1.
[11] At 2.
[12] At 2.
[13] At 2.
[14] At 5.
[15] Media Release: “New planning laws to end the culture of “no””, Hon Chris Bishop and Hon Simon Court, 24 March 2025 at <https://www.beehive.govt.nz/release/new-planning-laws-end-culture-%E2%80%98no%E2%80%99>.
[16] Ministry for the Environment, Factsheet: Resource management reform, March 2025 at 4.
[17] At 9.
[18] At 9.
[19] At 8.
[20] At 8.
Next steps
The Government has indicated that it intends to introduce the new legislation to Parliament by the end of 2025, bring it before the Select Committee in 2026 where the public will be able to make submissions, and pass it into law before the 2026 general election. Until then, it is business as usual under the RMA.
- Questions? Please get in touch with our expert Resource Management team if you’d like to discuss the proposed reform further.
- Sign up for our Queenstown seminar. Partner Josh Leckie will discuss the reform, along with other aspects of the Fast Track Approvals Act, at his 9 May seminar. Find out more and register here.
[1] Media Release: “New planning laws to end the culture of “no””, Hon Chris Bishop and Hon Simon Court, 24 March 2025 at <https://www.beehive.govt.nz/release/new-planning-laws-end-culture-%E2%80%98no%E2%80%99>.
[2] Ministry for the Environment, Factsheet: Resource management reform, March 2025 at 1 and 3-4.
[3] At 1.
[4] Media Release: “New planning laws to end the culture of “no””, Hon Chris Bishop and Hon Simon Court, 24 March 2025 at <https://www.beehive.govt.nz/release/new-planning-laws-end-culture-%E2%80%98no%E2%80%99>.
[5] Ministry for the Environment, Factsheet: Resource management reform, March 2025 at 4.
[6] Media Release: “New planning laws to end the culture of “no””, Hon Chris Bishop and Hon Simon Court, 24 March 2025 at <https://www.beehive.govt.nz/release/new-planning-laws-end-culture-%E2%80%98no%E2%80%99>.
[7] Media Release: “New planning laws to end the culture of “no””, Hon Chris Bishop and Hon Simon Court, 24 March 2025 at <https://www.beehive.govt.nz/release/new-planning-laws-end-culture-%E2%80%98no%E2%80%99>.
[8] Ministry for the Environment, Factsheet: Resource management reform, March 2025 at 4.
[9] At 7.
[10] Media Release: “New planning laws to end the culture of “no””, Hon Chris Bishop and Hon Simon Court, 24 March 2025 at <https://www.beehive.govt.nz/release/new-planning-laws-end-culture-%E2%80%98no%E2%80%99>.
[11] Ministry for the Environment, Factsheet: Resource management reform, March 2025 at 1.
[12] At 2.
[13] At 2.
[14] At 2.
[15] At 5.
[16] Media Release: “New planning laws to end the culture of “no””, Hon Chris Bishop and Hon Simon Court, 24 March 2025 at <https://www.beehive.govt.nz/release/new-planning-laws-end-culture-%E2%80%98no%E2%80%99>.
[17] Ministry for the Environment, Factsheet: Resource management reform, March 2025 at 4.
[18] At 9.
[19] At 9.
[20] At 8.
[21] At 8.
