RMA Reform Update: Understanding the road ahead

The Planning Bill and Natural Environment Bill have now passed their second readings, signalling strong progress toward enactment. However, both Bills must still pass through the Committee of the Whole House, third reading and Royal assent before becoming law.

While the Bills aren’t yet law and can still change, the proposed transition is becoming clearer, and it won’t involve a single changeover from one system to another. Instead, the RMA will continue operating while national direction, regional spatial plans and new regulatory plans are progressively developed.

Different parts of the current system will change at different times, and the implications will vary depending on whether you’re progressing development, operating infrastructure or preparing the plans that will guide future growth.

The Bills currently establish an indicative transition sequence and timeframe, although some aspects remain capable of amendment before enactment.

Royal assent starts the transition, but doesn’t replace the RMA

Royal assent will start the statutory clock. Existing RMA plans will remain in place, councils will continue processing applications and current projects will generally continue through the existing system.

 

After Royal Assent

Shortly after Royal assent, transitional consenting provisions are expected to commence, modifying aspects of RMA decision-making while the wider planning system is prepared. We will look more closely at these changes, including their implications for live applications and consent renewals, in our next update.

 

National direction is expected early in the transition

The legislation anticipates the first National Policy Directions being developed early in the transition period, together with supporting national standards and transitional national rules.

These instruments will provide much of the detail that isn’t contained in the Bills. They will guide regional spatial planning, environmental limits and the development of the new regulatory plans. Some transitional national rules may also begin affecting RMA consenting before the new system is fully operational. The national direction will therefore be an important influence point, particularly for councils, infrastructure providers and organisations with interests extending across multiple regions.

 

Regional spatial plans will follow

Draft Regional Spatial Plans (RSPs) must be notified by the later of:

  • 21 months after Royal assent; or

  • Nine months after the first relevant National Policy Direction is issued.

Decisions on each Regional Spatial Plan must then be made within nine months of notification.

Regional Spatial Plans will set the strategic direction for growth, infrastructure, environmental constraints and public investment over at least 30 years. They won’t rezone land, fund infrastructure or approve individual developments, but they will guide the regulatory and investment decisions that follow.

Once an RSP has been decided, it may also begin influencing relevant RMA decisions before the new regulatory plans take effect. This creates a middle period where the existing RMA plans remain operative, but the direction established through the new RSP is also relevant.

 

The regulatory plans come next

Within nine months of an RSP being decided, territorial authorities must notify their first land-use plans and regional councils must notify the remaining provisions of their natural-environment plans.

These plans will translate the strategic direction into the zones, rules, environmental limits and other provisions applying to individual sites and activities.

An Order in Council will then set the specified transition date for each relevant region or area. From that date, new consent and permit applications will enter the new system and the notified plans will begin to have legal effect, even though hearings, decisions and appeals may still be continuing.

 

The transition won’t affect everyone in the same way

For development already enabled by an operative district plan, the RMA is likely to remain the main pathway for much of the transition. Waiting for the new system may add time and uncertainty without providing a clearer route to delivery.

The position will be different for growth that requires future rezoning, infrastructure investment or strategic recognition through an RSP and subsequent implementation planning. These proposals may need to navigate decisions under both systems, and their timing will become increasingly important.

Infrastructure providers will need to maintain services, progress investment and manage existing approvals under the RMA while also contributing evidence to RSPs and implementation plans. Future recognition in an RSP won’t remove the need to address an operational consent or investment decision that already has a critical date.

Councils will face perhaps the most significant transition challenge. They will need to continue administering the RMA while implementing the transitional changes, preparing RSPs and developing new land-use and natural-environment plans. This will place pressure on governance, budgets and specialist resources across the country.

 

Some uncertainty remains

The Bills must still complete the Committee of the Whole House, third reading and Royal assent. Further amendments remain possible, while much of the practical detail will depend on future national direction and standards. The upcoming election also creates uncertainty about whether the proposed timetable and policy settings will remain unchanged and if any change in government will retain the Bills/Act and timetables etc the unchanged.

However, the direction of travel is sufficiently clear to start identifying where projects, investment programmes and planning workstreams sit within the transition.

HG is working with public and private sector clients on growth, infrastructure, environmental and development work that could contribute to future RSPs and implementation plans. We’re also advising public entities and engaging with MCERT on strategic spatial planning and other parts of the emerging system.

In our next update, we’ll look specifically at what the transition could mean for private plan changes, resource consent applications and consent renewals.

Now is the time to start planning for the transition. Contact Harrison Grierson's planning specialists to discuss what these changes could mean for your projects, investment programmes and future opportunities.