Pressing pause on planning processes

The Resource Management (Consenting and Other System Changes) Amendment Act (the Amendment Act) now has royal assent (20 August 2025).

This is the Government’s second RMA amendment in a tranche of changes they say are designed to speed up development, streamline consenting and reduce regulatory barriers.

Planning processes stopped

The Amendment Act’s halt on council plan changes was a last-minute inclusion but is arguably one of the most consequential.

• It prohibits the notification of new planning instruments (plan changes and regional policy statements) until 31 December 2027; and
• Requires Councils to withdraw proposed planning instruments no more than 90 working days following commencement of the Amendment Act.

The ‘plan stop’ directive will not apply where an instrument has already been notified and heard either in part or full. However, it will apply in instances where an instrument has been notified, and the hearing is set down to begin more than 5 days after commencement of the Amendment Act.

The Amendment Act includes a series of automatic and discretionary exemptions under which, the progress of new or varied planning instruments may continue.

Automatic exemptions (section 80T)

• Using the streamlined planning process.
• Using the intensification streamlined planning process.
• To implement new national direction published after commencement if required.
• Using the freshwater planning process to give effect to the National Policy Statement for Freshwater Management (NPS-FM).
• Where directed or called in (proposals of national significance) by the Minister.
• In relation to natural hazards.
• To vary the regional coastal planning for the Kermadec and Subantarctic Islands.
• To give effect to any obligation in or under:
  • a Treaty of Waitangi settlement Act or deed of settlement:
  • the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019:
  • the Marine and Coastal (Takutai Moana) Act 2011.

Discretionary exemptions (sections 80U & 80V)

On application by a Council, the Minister has the discretion to exempt plan changes that meet the below criteria.

• Enable Councils to provide, operate or maintain municipal drinking water, stormwater, or wastewater.
• Rectify any plan or policy provisions that have had unintended consequences, are unworkable or have led to inefficient outcomes.
• Respond to changes made to the RMA.
• Better enable climate change to be managed.
• Support the transition of high risk land for erosion management.
• Better enable Treaty of Waitangi settlements and the Crown’s obligations under that settlement to be upheld.
• Enable a response based on an Environment Court recommendation.
• Enable the progression of work for any other reason that the Minister consider appropriate.

Private plan changes are also excluded from the plan-stop framework but only if they haven’t been adopted by Councils as their own.

Modification or removal of policy statements and plans

The Amendment Act inserts a series of new provisions which enables the Governor General on the recommendation of the Minister, until 31 December 2027, to make regulations that modify or remove provisions of a regional policy statement, regional plan or district plan. In order to do so the Minister must investigate and be satisfied that the provisions have a negative impact on economic growth, development capacity, or employment, report these findings to the relevant local authority and consult with any affected parties.

The Minister must also be satisfied that the following criteria have been met:

• That the provisions have not been included in a policy statement or plan in recognition of a Treaty settlement obligation or other specified Act.
• That the modification or removal of provisions does not prevent the instrument giving effect to a national policy statement or make it inconsistent with a national environmental standard.

This amendment sidesteps traditional policy and plan making processes that involve extensive community consultation and considerably expands the Minister’s powers, giving the Minister discretion to consider or ignore recommendations and comments from Councils, Iwi and affected parties.

Discharge rule changes

Regional councils may now include a rule in their regional plan which permits the discharge of contaminants or water into water or to land that may allow the following effects:

• any conspicuous change in the colour or visual clarity;
• the rendering of fresh water unsuitable for consumption by farm animals; or
• significant adverse effects on aquatic life.

If permitting these types of discharges a Council must be satisfied that the adverse effects/degraded state are already in the receiving waters. Councils are also required to include standards that will reduce the degraded state of the water body over a maximum 10 year period.

Otago Regional Plan water permits

Under Otago’s Regional Water Plan the duration of new water permits for the take or use of water must not exceed 6 years – this was originally approved through Plan Change 7 and intended to provide water permit holders with a short term rollover while a new land and water plan was developed, as the current Water Plan was deemed not fit for purpose and well overdue for review. The Amendment Act retains the 6 year duration, but adds a further 5 years until expiry of any water permits that have already been granted since 18 March 2020 – extending the duration of consents that have already gone through the PC 7 framework a further 5 years.

Thermal electricity generation activities

The definition of a ‘specified energy activity’ is expanded to include the establishment, operation, maintenance, or upgrade of thermal electricity generation facilities. This means that the one-year timeframe for deciding consents is no longer just for renewables and network/storage facilities (as it was under the Amendment Act previously), but also for new/upgraded fossil fuel generation facilities.

Essentially, fossil fuel power generation will now be able to progress through the normal RMA consenting process or under the Fast-Track Approvals Act, which puts it on an equal footing with consenting renewable energy activities.

Medium Density Residential Standards for Auckland Council

Stricter criteria are introduced for Auckland Council to opt out of the Medium Density Residential Standards (MDRS) if it amends the Auckland Unitary Plan to enable building heights of at least:

• 15 storeys (rather than 6 storeys) within a walkable catchment of the Maungawhau (Mount Eden), Kingsland and Morningside railway stations; and
• 10 storeys within a walkable catchment of the Baldwin Avenue and Mount Albert railway stations.

If these criteria are met, before 10 October 2025 Auckland Council may withdraw its MDRS plan change and seek directions from the Minister for directions around progressing a replacement plan change.

Christchurch City Council retains the ability to request withdrawal of its MDRS plan change if it can satisfy the Minister that the Christchurch District Plan has enough feasible housing capacity to meet 30 years of adjusted demand.

Restrictions on review of conditions for extended coastal permits

The Amendment Act narrows the scope under which coastal permits (extended under s 165ZFHC) can be reviewed to the following criteria:

• When relevant national environmental or planning standards have been made; or
• The permit expressly allows for conditions to be reviewed for the purpose of adaptive management; a concept centred around reducing and managing the uncertainty of an activity’s environmental effects.

Read the Amendment Act here

Want to know more?

If you have any questions about the contents or potential implications of the The Resource Management (Consenting and Other System Changes) Amendment  Act, please contact our specialist Environment, planning and natural resources team.