Resource Management Law Reform

The Resource Management Act 1991 is being replaced by the Planning Act 2026 and the Natural Environment Act 2026.  This replacement will take place over several years, with resource consents still being processed under the RMA until late 2029 or early 2030.

However, a revised process will apply to resource consent applications received from 30 October 2026 onwards.

The key revisions are:

• For the processing of district land use consents, certain effects must be disregarded as being out-of-scope.
• An alternative permitted activity notice may be issued, if a district land use activity only requires a resource consent because of an out-of-scope matter.
• Resource consent applications can no longer be publicly notified because of special circumstances.
• Initial national standards can be made under Schedule 1 of the Planning Act 2026 that may be relevant to the processing of resource consents under the RMA during the transition period.
• Resource consent decisions must consider the consistency with any relevant decided regional spatial plan or future development strategy produced under the Planning Act 2026.

The effects that must be disregarded as out-of-scope for district land use activities are listed in section 104(1A) of the RMA:

• Any of the following where they relate to residential activities (except in relation to the protection of historic heritage):
  • the area of glazing:
  • the presence or absence of balconies:
  • the outdoor living space:
  • the internal layout:
  • the size of a residential unit:
  • the size of landscaped areas (except in relation to permeability):
• Negative effects of development on trade competition, including on competing providers of input goods and services:
• Effects on retail distribution:
• In relation to a project,—
  • any lack of demand for the project; or
  • the fact that the project is not financially viable:
• The type of residents to be housed in a new development:
• Views from private property.

For resource consent applications lodged prior to 30 October 2026:

• These will continue to be assessed under the rules that applied when they were submitted.
• Applicants considering changing or withdrawing an application, might consider seeking independent planning advice before making a decision.

For existing resource consents issued prior to 30 October 2026:

• Existing resource consents remain valid.  Consent holders must continue to comply with all consent conditions.
• Any conditions relating to out-of-scope matters can be removed by making an application to change or cancel the conditions.  Alternatively, a replacement resource consent can be sought for.  Standard fees and charges will apply.

More information is available on the Ministry for Cities, Environment, Regions & Transport (MCERT) website on the new planning system:

• Main website: https://www.planning.govt.nz/
• Details on transitional consenting under the RMA: https://www.planning.govt.nz/implementation-and-guidance/transitional-consenting/

Still didn't find what you were looking for?