Government introduces new Resource Management Amendment Bill under urgency

The Resource Management (Consenting and Other System Changes) Amendment Bill was introduced on December 9

The Resource Management (Consenting and Other System Changes) Amendment Bill (Bill) amends the Resource Management Act 1991 (RMA) to advance key Government priorities. These include:

• Streamlining consent processes for infrastructure, renewable energy, housing, and the primary sector;
• Reducing regulatory barriers to boost renewable energy investment and meet emissions targets;
• Increasing investment certainty and supporting growth in the farming and primary sector;
• Allowing councils to opt into medium-density residential standards (MDRS) with ratification requirements;
• Unlocking land for housing and infrastructure through the Going for Housing Growth policy;
• Improving port operations and international supply networks; and
• Simplifying the planning system.

The Bill amends a range of existing RMA provisions across 5 themes.

Infrastructure and energy

Key amendments in the infrastructure and energy space include:

Consent Timeframes:
Renewable energy generation consents are now subject to a 1-year decision-making timeframe, with exceptions allowing for extensions to uphold treaty settlements or at the request of applicants or specified groups.

Default Consent Durations:
A default 35-year consent duration is established for renewable energy generation activities and long-lived infrastructure. Exemptions apply where shorter durations are requested by applicants, permitted under national direction, or required after consideration of requests by relevant groups, which are defined to protect Māori rights and interests.

Extended Lapse Periods:
Lapse periods for renewable energy activity consents and designations have been doubled from 5 years to 10 years, allowing more time for project planning, design, and land acquisition under the Public Works Act 1981.

Simplified Designations:
Requirements for designating authorities are streamlined by restricting when alternative assessments are required and simplifying other assessment and information obligations.

Port and Discharge Amendments:
The duration of port permits under section 384A of the RMA is extended, and the Bill enables requiring authority status for ports with landward operations. For alignment with the Resource Management (Freshwater and Other Matters) Amendment Act 2024, the scope of discharge rules under section 70 is amended so that regional councils may include permitted activity discharge rules where standards will contribute to a reduction in adverse effects over time.

Housing growth

The Bill introduces measures to increase flexibility to deliver housing growth whilst introducing new powers to the Minister for the Environment to ensure compliance with national direction. Key amendments include:

Medium Density Residential Standards (MDRS):
Councils can opt out of implementing the MDRS if they demonstrate 30 years of housing growth capacity. To modify or withdraw an Intensification Planning Instrument (IPI) or alter the MDRS, councils must utilise the Streamlined Planning Process (SPP).

Ministerial Oversight and Compliance Powers:
The Minister for the Environment is provided with new powers to ensure compliance with national direction, including directing councils to prepare or amend planning documents to meet housing and business development capacity requirements. The Minister can also specify the type of planning process, such as the SPP, to be used for implementing national direction.

Heritage Buildings and Structures:
The Bill simplifies the processes for listing and delisting heritage buildings and structures to streamline planning and support efficient decision-making.

Farming and primary sector

The Bill introduces changes aiming to increase investment certainty and support growth in farming and the primary sector. Key amendments include:

Clarifying the RMA and Fisheries Act Interface:
The Bill defines and restricts how rules under the Resource Management Act interact with fishing activities regulated by the Fisheries Act 1996. It introduces requirements for pre-notification with the Director-General of the Ministry for Primary Industries, assessments of effects on fishing, and limits on submissions to reduce regulatory burden. Māori customary non-commercial fishing rights remain protected.

Aquaculture Applications:
The Bill provides that National Environmental Standards may specify that applications for changes to aquaculture consents are controlled or restricted discretionary activities.

Farm Plan Certification and Auditing:
Part 9A of the RMA is amended to make farm plan certification and audit services more practical and cost-effective by enabling industry organisations to deliver these services.

Wood Processing Facility Consents:
To minimise delays, the Bill requires that resource consents for wood processing facilities be processed and decided within 1 year of application.

Natural Hazards and Emergencies

The Bill introduces measures to enhance decision-making and efficiency in managing natural hazards and responding to emergencies. Key amendments include:

• Introducing new regulation-making powers to support emergency responses and recovery efforts;
• Clarifying and strengthening councils’ authority to decline land use consents or impose conditions where significant natural hazard risks exist; and
• Ensuring that plan changes introducing new natural hazard rules take immediate legal effect.

System Improvements

The Bill introduces changes to enhance the resource management system.

Consenting:

Key amendments to the resource consent process include:

• Consent authorities are no longer required to grant consent for controlled activities based on an assessment of risk from natural hazards;
• Consent authorities must assess specific matters before requesting further information in relation to a consent application, and the information requested must be proportionate to the nature and significance of the activity;
• Resource consent applications may be deemed incomplete if applicants fail to respond to the consent authority within specified timeframes;
• Consent authorities must not hold a hearing on an application unless further information is needed;
• Authorities may now consider an applicant’s prior non-compliance with the RMA in decision-making;
• Applicants may request to review the draft conditions of consent before a s42A report or the consent authority issues its decision, whichever is first; and
• Consent conditions may mitigate risks of non-compliance by applicant, and can be reviewed if the holder breaches them.

Enforcement and other matters

The Bill strengthens enforcement mechanisms with the following key amendments:

• Local authorities may set administrative charges for monitoring and enforcement;
• Penalties for specified offences are increased and insurance contracts covering fines or infringement fees under RMA are prohibited;
• Local authorities or the Environmental Protection Authority may apply to the Court to revoke or suspend consents for ongoing, significant, or repeated non-compliance;
• The scope of abatement notices made are to be more consistent with enforcement orders;
• Period of excessive noise directions extended from 72 hours to 8 days;
• Retrospective consent must be sought within 30 days for emergency works;
• Confirmation that royalties can be collected by regional councils for removal of sand, shingle, and other natural material;
• Section 39 of Conservation Act 1987 amended to include new defences;

Transitional provisions for RMA processes that have begun are provided, along with a commencement clause that staggers when provisions come into force, which can occur from the day after to up to 2 years after royal assent.

Next steps?

The Bill is now at the select committee stage with submissions being called until 10 February 2025. It is then intended to become law halfway through this year. If you would like to make a submission you can do so here.

Want to know more?

If you have any questions about the Bill or would like help making a submission, please contact our specialist Resource Management team here.

PDF available here.