RMA Reform Phase Three

The Government has recently announced the next phase in the reform of New Zealand’s Resource Management Act (RMA), which will see the development of two new pieces of legislation to replace the RMA.

 

Key elements of the reform

The reform will introduce two new Acts:

1. Urban Development and Infrastructure Act – Designed to enable urban development and to facilitate faster, more efficient infrastructure development, aligning with the Government’s broader 30-year National Infrastructure Plan.
2. Environmental Protection Act – Targeted at managing the environmental impacts of activities, ensuring compliance with national standards and environmental limits.

This approach replaces the Natural and Built Environment Act (NBEA) and the Spatial Planning Act, which were repealed in December 2023.

 

Key components

While the announcements are light on detail, the Government has indicated that some of the key components they aim to achieve in the new Acts include:

• Property rights: Putting personal property rights at the centre of resource management.
• An effects focus: Removing regulation where there are no effects.
• Reduction in the ability to object: Narrowing the scope of who can object to resource consents (focusing on those directly affected), intending to avoid delays from vexatious objections.
• Increased use of national standards: Greater use of national standards to reduce the need for resource consents and simplify council plans.
• Spatial planning and designation: The introduction of a spatial planning process to create long-term (30-50 years) plans for urban development.
• Dispute resolution via a "new" Planning Tribunal: A new low-cost Planning Tribunal is proposed to resolve disputes between neighbours and property owners swiftly.
• Reduction in plans: One plan for each region is proposed.

 

Next steps

The Government’s Expert Advisory Group is tasked with developing the final details of the replacement legislation. Key aspects will be submitted to Cabinet by the end of 2024, with the legislation expected to be introduced to Parliament next year and passed into law by mid-2026.

 

Conclusion

There is a great deal of uncertainty about what the new legislation replacing the RMA might look like – how a focus on personal property rights, or an "effects focus" might be realised in planning frameworks is far from clear. There has already been an increase in national direction over the last few years, which has been challenging to effectively respond to at Council level. There is also a sense of "déjà vu" in this announcement – the planning space has been through significant, unsuccessful reform with the prior NBEA and Spatial Planning Act, and the work that goes into understanding and meaningfully engaging with that legislative reform process is extensive. At this stage, we await further updates from central government, and more detail on the new Acts.

Contact our team for advice on how to prepare for the upcoming changes and ensure you are ready to navigate the new resource management framework.