Natural and Built Environment Act 2023

The Natural and Built Environment Act (NBA) is the main replacement for the Resource Management Act 1991.

It requires each region to develop a natural and built environment plan for land use and environmental management. These will replace the regional policy statements and district and regional plans currently required under the RMA.

It also introduces the National Planning Framework (NPF) that will provide direction on matters of national significance, environmental limits and targets, as well as identifying and resolving conflict among outcomes if possible.

It works alongside the Spatial Planning Act, which creates a new requirement for long-term regional spatial planning.

A third piece of resource management reform legislation, the Climate Adaptation Bill, will be introduced to Parliament later. 

Fast-track consenting

• The repeal legislation retains the NBA fast-track consenting process. Any consent issued will be treated like a consent under the RMA.
• The Government has announced its intention to introduce new fast-track consenting legislation within the first 100 days of office (from November 2023). The NBA regime applies until that legislation is passed.

Freshwater consents

• The NBA amended the RMA to introduce a shorter maximum duration for certain freshwater consents and the maximum duration was linked to NBA plan rules.
• To recognise some consent applicants may receive shorter durations than they otherwise would have, public notification of replacement freshwater related consents was precluded.
• Freshwater consents applied for since 24 August 2023 that have not been decided will now have their duration determined in accordance with the 35-year maximum duration provided for in the RMA.
• Replacement freshwater consents applied for since 24 August 2023 that have not had a notification decision made will now be eligible for public notification under the RMA.
• Any resource consents granted in accordance with the shorter duration consent provisions are still valid under the RMA.

Read about the work on the National Policy Statement for Freshwater Management.

Requiring authorities

A requiring authority is an entity that can designate land for a specified purpose (such as schools and roading) for planning and consenting. Requiring authorities also have access to the process for compulsory land acquisition under the Public Works Act.

• The NBA gave council-controlled organisations (CCOs) the same automatic requiring authority status as councils.
• This has been reversed and CCOs no longer have automatic status.
• Any in-progress applications to become a requiring authority under the NBA will not be processed and any granted applications will be revoked.
• Notices of requirement lodged by requiring authorities granted their status solely under the NBA (this is likely to apply to CCOs only), will not be processed and any notices of requirement that have been confirmed will not be able to be exercised.
• On 23 November 2023, the NBA also broadened the scope and number of ‘non-network’ entities that could apply to become a requiring authority.
• Any applications that have been submitted will cease to be processed, although where an applicant meets the RMA definition of a network utility operator, they can re-apply under the RMA.
• If any application has been approved, approvals will be revoked, except where an applicant meets the RMA definition of a network utility operator. In that event, the approval is treated as an approval under the RMA.

Treaty settlements

• The NBA required information about consent applications to be provided to PSGEs with statutory acknowledgements, even where equivalent requirements under Treaty settlements were time bound or had expired.
• The repeal legislation amends the RMA to retain this provision.

Mana Whakahono ā Rohe

• Our understanding is no Mana Whakahono ā Rohe have been initiated or joint management agreements requested under the NBA since August 2023. Parties involved in any that have been initiated or requested under the NBA must not progress it and may may now re-start the process under the RMA.
• The NBA enabled groups representing hapū to initiate Mana Whakahono ā Rohe (they were previously unable to do so under the RMA). The repeal bill will enable any groups representing hapū that have initiated a Mana Whakahono ā Rohe under the NBA to initiate a Mana Whakahono ā Rohe under the RMA.

Other compliance and enforcement provisions that are repealed

• Introduction of a breach of condition as a trigger to review consent conditions (s337 NBA, s128 RMA) 
• Regulators required to prepare and publish a compliance and enforcement strategy (S56 NBA) 
• Requirement to publish information by agencies (s723 NBA) 
• Requirement for MfE to provide guidance (s665 NBA) 
• Introduction of Enforceable Undertakings (s665 NBA) 
• Introduction of Adverse Publicity Orders (s673 NBA) 
• Changes to power of entry to exclude marae from the general power of entry (and to ensure agencies can enter land for the purpose of assessing compliance with an enforceable undertaking (s727 NBA) 
• Streamlining electronic service of documents to modernize the legislation (s742 NBA/s352 RMA) 
• The ability for the EPA to receive the fines from prosecutions by inserting a limitation on the application of the Public Finance Act 
• Ban on insurance against fines and penalties 
• Ability for transfer of consents to be prevented due to poor compliance history 
• EPA specifically enabled to investigate regional councils where regional council is the alleged offender in a resource management compliance matter  
• Introduction of pecuniary penalties up to $1m for individuals and $10m for companies, civil fines without an accompanying conviction 
• Introduction of monetary benefit orders, enabling the recovery of the financial proceeds of resource management offending
• Broader power to require bonds for activities that do not have a consent (e.g., permitted activities) (s 674-691 NBA)