The Government has announced its plan to introduce two new pieces of legislation to replace the Resource Management Act (RMA) 1991:
- One of these Acts will focus on delivering urban development and infrastructure to align with the coalition Government's Going for Housing Growth programme and the 30-year National Infrastructure Plan.
- The other Act will centre on environmental protection and managing effects of activities on the environment.
Replacing the RMA is Phase Three of the Government's programme for reform of the resource management system. The earlier phases focussed on repealing the Natural and Built Environment and Spatial Planning Acts (which was the former Labour Government's attempt to replace the RMA) and, more recently, the introduction of the Fast-track Approvals Bill (currently before the Environment Select Committee) along with targeted amendments to the RMA.
In revealing the new framework, RMA Reform Minister Chris Bishop and Parliamentary Under-Secretary Simon Court said that the guiding principle of the new system will be enjoyment of property rights. Consistent with this Government's stated goals of delivering the infrastructure and urban development we need, it is clear that the overarching intent is for the new framework to be an enabling one.
Design features of the new legislation
Cabinet has agreed on the following "core design features" for establishing the new resource management system:
Despite a core feature of the new system being two distinct Acts, how those two pieces of legislation talk to one another will be critical. The Government has said it will narrow the scope of the resource management system to managing "actual effects" on the environment which is clearly linked to the drive for delivering urban development and highlights the need for integration between the proposed legislation.
National direction will continue to be a feature of the new system. The Government intends to use national standards to reduce the need for resource consents and move towards a system that focusses on monitoring and enforcing compliance with those standards. Work is already underway as part of Phase Two of the reform programme to amend existing national direction and introduce new national direction, including a National Policy Statement for Infrastructure. While national direction has the potential to result in efficiencies, experience tells us it is critical that any such direction is clearly drafted and integrated with other national direction instruments to ensure it is workable in practice and does not have unintended consequences.
Some of the core design features share similarities with the previous Government's replacement RMA framework, including the use of spatial plans and requiring the preparation of combined regional and district plans so that there is only one regulatory plan per region. These features appear to be focussed on gaining efficiencies in the new system but the ability to achieve that will rely heavily on how those planning processes are designed and implemented.
Consistent with delivering a framework that removes barriers to development, the features of the new system also focus on having faster and cheaper processes within a simpler legislative framework. What those processes will look like and how they might differ (or not) from the processes proposed in the Fast-track Approvals Bill remains to be seen. One feature the Government has signalled is the potential for a new planning tribunal to be established to streamline the hearing and resolution of minor disputes more quickly.
Timeframes and implementation
With the frame set by the core design features, an Expert Advisory Group has been established to develop the "blueprint" for the new legislation before Christmas this year. The aim is for the bills to be before Parliament next year and to come into force by mid-2026. The intended transition to the new system is expected to be more rapid than the staged approach proposed in the Natural and Built Environment Act. While transition details are yet to be outlined, the Government has said its goal is for a "smooth transition with minimal disruption".
If you have any questions or would like to discuss future resource management reform, please get in touch with one of our experts below.