Natural and Built Environment Bill Reform Series: Transitional provisions
Transitioning from the RMA to the NBE
The transition from the Resource Management Act 1991 (RMA) to the Natural and Built Environment Bill (NBE Bill) will be complex and is set to take approximately ten years. Despite this, there are less transitional provisions in the Bill than expected, and they are not comprehensive. Although the NBE Bill will be enacted relatively soon, it will take some time for supporting plans, strategies, frameworks, and other documents to be updated. During the transitional period, pre-existing RMA documents currently in force will remain until they are replaced. Existing RMA documents must be applied in support of the NBE. The transition will be staggered geographically, (tranched) with three regions (yet to be determined) establishing regional spatial committees and strategies first, followed by more regions 12 months later.
In summary:
- A large number of provisions come into force the day after Royal Assent. Notably Part 3, which relates to the new National Planning Framework, and most of the Schedules, including Schedule 1 which details the transitional provisions.
- The rest of the NBE Bill will come into force on a date which the Governor-General is yet to announce. This may be a number of dates for different parts of the Act.
- The first National Planning Framework must be notified within 6 months of the commencement of the NBE Bill.
- During the transitional period, the Minister may amend existing national direction instruments, but must consider the desirability of such an amendment, and whether it is consistent with the NBEA.
- All proceedings pending or in progress in the Environment Court operating under the RMA immediately before commencement are to be continued, completed, and enforced under that the NBE Bill.
- All jurisdictions, offices, appointments, Orders in Council, orders, warrants, rules, regulations, seals, forms, books, records, instruments that relate to the Environment Court and originated under the RMA, and that are subsisting or in force at the time of commencement, have full effect as if they had originated under the corresponding provisions of the NBE Bill.
General themes from submissions on transitional provisions include:
- Concern at the lack of transitional provisions. Submitters advocated for greater certainty around the transition between the current RMA system, the new resource management system and the implementation of new planning mechanisms through various planning layers.
- Submitters believe transitional provisions in the NBE Bill must provide flexibility to substantially modify the NBE and SP Bills on a settlement by settlement basis where necessary to give effect to existing Tiriti settlements.
- Transition between consenting regimes under each system needs to be clearly demarcated to avoid complexity, confusion and inefficiency.
- Concern a slow transition through tranching (implementing the new region in groups of regions, not all at once) will create inequality between regions that transition to the new system first and those that are later.
Want to know more?
Please contact a member of our Environments, Planning and Natural Resources Team if you would like to know more about the Natural and Built Environment Bill.
PDF version: here.