Resource Management Reforms: Push play on projects or sit tight for now?

The new resource management system changes the game for applicants – what you need to know before you decide to wait or go

Introduction

It is early days for the Planning and Natural Environment Bills (the Bills), which were introduced to Parliament at the end of last year. However, key features of the “new” resource management system, which retains aspects of the RMA, but with a focus on enjoyment of property rights and reduced scope of effects that can be considered, are likely to remain. It’s starting to feel real, with the new Bills likely to be enacted by mid-2026.

Applicants considering consenting projects for sites subject to planning controls restricting development; and/or or raising amenity or cultural issues with potential to attract public interest, may choose to wait until the Bills are enacted to enable resource consent applications to be considered under a more favourable hybrid consenting framework.

Otherwise, it may be better to push play on the consenting process now to avoid any unnecessary delays for your project and uncertainty associated with the Select Committee process and the election, now scheduled for 7 November 2026.

Goals  

A new goals driven system will replace the sustainable management purpose of the RMA, with separate goals for the Planning Bill (how land can be used and developed) and the Natural Environment Bill (managing the use of natural resources and protecting the environment).

Goals in the Planning Bill set out what the system must achieve and what can be regulated, including positive wording for applicants to hang consent applications on, such as supporting and enabling economic growth and change by enabling the use and development of land; enabling competitive urban land markets by making land available for development to meet current and expected demand for business, residential use, and development; plan and provide for infrastructure to meet current and expected demand.

However, it is the national policy direction for each of the Bills that will flesh out the goals; direct how they must be achieved and prioritised; as well as resolving any conflicts between the Bills i.e. development versus natural environment.

National standards will provide requirements and technical direction which councils will use to develop their combined regional plans which include spatial, land use and natural environment plans. These combined plans will guide consenting decisions.

The Minister for the Environment will be responsible for issuing national policy direction and setting minimum environmental limits, as well as monitoring system performance of the new legislation. The key documents which will underpin the new system, including national direction for the new Bills; and nationally set environmental limits relating to human health and ecosystem health which will inform the spatial plans, are not expected to be released until the end of this year.

Shifts in consenting

Less consents – Projects may require planning consents under the Planning Act and/or natural resource permits under the Natural Environment Act, similar to the district council/regional council approach under the RMA.

However, the Government is seeking to reduce consenting required for activities. More activities will be permitted; non-complying and controlled activities will no longer exist. Less than minor effects will not be regulated, unless they contribute to a cumulative effect.

Excluded effects – Certain effects are explicitly excluded from consideration for resource consent applications which provides greater certainty for applicants, including internal/external layout of buildings on a site; visual amenity of a use, development or building; landscape (other than Outstanding Natural Landscapes); views from private property; negative trade competition effects and retail distribution effects; demand for or financial viability of a project.

New notification test – The new test seeks to reduce the ability for public participation in consenting processes. The Planning Bill only enables public notification if effects on the wider built environment are more than minor; and the Natural Environment Bill requires significant adverse effects on natural resources or people to meet the test. Iwi and hapū will only be notified of consent/permits where adverse effects are more than minor and they are an affected party.

Simplified subdivision – Subdivision will generally be allowed unless a national standard or local rule restricts it. Safeguards will manage risks from natural hazards and to ensure infrastructure is in place.

Development levies – Financial contributions are not considered under the new Bills and proposed Local Government Act amendments mean “development levies” will begin to replace development contributions from July 2028. Charges will be set based on the aggregate cost of providing infrastructure capacity for growth across those levy areas, rather than cost to provide capacity for development in a specific location. Whether this results in higher or lower charges, may depend on what area a development is in and whether it benefits or not from spreading costs wider. Read more about LGA amendments introducing development levies here.

Spatial planning  

Regional Policy Statements will no longer exist in the new system. Instead, regional spatial plans will support planning for urban development and infrastructure within environmental limits and managing natural hazards, providing strategic direction for growth over a 30-year period. Standardised regional spatial planning will provide greater visibility of the burden placed on some landowners when planning controls limit the use of their land.

Regional spatial plans will be prepared by a spatial plan committee, which is established by the local authorities of the region. Regional spatial plans will be implemented through natural environment plans (managing the use of natural resources) and land-use plans (enabling land use and development while regulating adverse effects).

There will be an opportunity for submissions on draft regional spatial plans, although appeal rights to the Environment Court are limited to questions of law i.e. no merits appeals, unless the Council rejects the Independent Hearing Panel’s recommendation on infrastructure.  It will be crucial for applicants to make an impactful submission, providing a strong argument for recognition of proposed activities, for example greenfield residential development or appropriate zoning to enable commercial or industrial development.

Regulatory relief

A new regulatory relief framework presents an opportunity for landowners with privately held land compromised by planning controls, including Significant Natural Areas; Sites of Significance to Māori; Outstanding Natural Landscapes / Outstanding Natural Features; although designations and natural hazards mapping are exempt.

Councils will be required to provide relief to landowners of privately-held land where the impact of planning controls is reasonably likely to have a significant impact on the reasonable use of land.

The criteria for that assessment is yet to be finalised, as  councils are required to establish a relief framework within their plans. Relief may include cash payments, rates relief, bonus development rights, no-fees consents, or land swaps. There is a right of appeal to the Planning Tribunal for levies imposed, a newly formed division of the Environment Court. This relief framework will likely impact Council’s decisions to impose future planning controls and is likely to provide fertile ground for future litigation.

Granny flats

As of 15 January 2026, under the National Environmental Standard for Detached Minor Residential Units, property owners can now construct ‘Detached Minor Residential Units’ (aka granny flats) equal to or less than 70 square metres without resource or building consent, subject to specified permitted activity standards. Read more about the granny flats changes here.

Private plan changes

Private plan changes might be still possible in the transition period, although timing should be carefully considered as the Government expects existing district plans under the RMA to cease to have effect by the end of 2029.

Transition period

The Bills are expected to become law mid-2026. The RMA will continue to apply until around 2029.

Consent holders must continue to comply with conditions of existing consents granted under the RMA. Existing RMA consents will remain valid under their current conditions when the Bills become law.

During the transition period (from enactment of the Bills until approximately 2029) a transitional consenting framework will apply. New consent applications made during the transition period will follow a transitional process, which is a blend of current RMA process with some elements of the new system. Read more about the transitional arrangements here.

When considering timing for reconsenting, it is worthwhile considering whether the automatic extensions implemented by recent legislation apply. Resource consents expiring before 31 December 2027 may be automatically extended until that date (and potentially until 2031), subject to some exclusions applicable to water permits and wastewater consents.

Want to know more?

Submissions on the Bills are due by 13 February 2026.

If you have any questions about proposed changes to the resource management system and/or how to submit, please contact our specialist Resource Management team

Related articles:

From RMA to a New Era: Transitioning to the Planning Act and Natural Environment Act
Growth on the coast – a more enabling consenting pathway for the coastal environment
Resource management reform: what does it mean for the primary sector?
The Planning Bill: What Infrastructure Providers Need to Know