Emergency response regulations following a severe weather event

Natural hazards and severe weather events can have a significant impact on communities and may require quick actions to support response and recovery.  

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About the emergency reponse regulations

The use of emergency response regulations under section 331AA of the Resource Management Act 1991 (RMA) help councils understand when and how to request to use regulations as part of response and recovery efforts following a declared state of emergency or transition period.  

Regulations under s331AA are intended to support recovery by temporarily removing some discrete regulatory barriers in the RMA.   

Purpose of emergency response regulation under s331AA of the Resource Management Act 1991

On 20 August 2025, the Resource Management (Consenting and Other System Changes) Amendment Act 2025 introduced a new regulation-making power into the RMA to enable the creation of emergency response regulations under s331AA. 

This power is intended to support targeted and time-limited response and recovery efforts for emergency events where existing RMA mechanisms are inadequate.   

Emergency response regulations under s331AA are designed to: 

  • apply only to clearly defined places and activities 
  • address specific regulatory barriers linked to the emergency 
  • remain subject to environmental safeguards and statutory limits 
  • operate for a limited duration. 

This power cannot be used for emergency events that occurred before the commencement of the 2025 Amendment Act. 

When to consider emergency response regulations s331AA

Regulations under s331AA may be appropriate where response or recovery works cannot reasonably be addressed using existing mechanisms, such as:

  • emergency works and related provisions under the RMA (sections 330–331), including Civil Defence Emergency Management-led actions (s330B)
  • activities with marginal or temporary non-compliance that may otherwise be permitted (s87BB)
  • plan changes or standard consenting pathways, including retrospective consents following emergency works (s330).

Emergency response regulations under s331AA may only apply to an area where, under the Civil Defence Emergency Management Act 2002, a state of national or local emergency has been declared or a local or national transition period has been notified.

Other options or pathways

The table below outlines other mechanisms that councils may consider when responding and recovering from emergency events.

This information is provided for general information purposes only and should not be relied on as a substitute for specific resource management or legal advice. Whether any of the options outlined below are appropriate will depend on the specifics of the particular situation.

Option What could it involve When might it be appropriate 
Emergency works provisions s330 to s331 – RMA

Undertaking work to prevent something from happening during an emergency or to protect something during, after or immediately prior to an emergency situation. Can override property rights that would normally restrict entry and actions. 

 

Requirement to advise the consent authority. 

 

If the activity would have contravened any of ss 9, 12, 13, 14 and 15, and the adverse effects of the activity continue, then must apply for resource consent. 
  • Any activity undertaken by any person exercising emergency powers during a declared state of emergency (notified under the CDEMA).  
  • Where a local authority or network utility operator needs to urgently undertake repair/rebuild works ahead of obtaining resource consents. 
  • Where there is a significant threat (e.g. from private land from a slip) to physical assets owned by the local authority. 

 

The Quality Planning Website provides a good outline and description for the use of the RMA Emergency Management provisions. 

 

Context for the Use of Emergency Powers (Quality Planning website)
Global Consent

Issuing one consent for an activity that is carried out numerous times (eg a maintenance activity carried out on existing assets) or range of activities within a geographic area.

 

The consent could be coordinated centrally and then issued for the types of activities and geographic area (or listed properties) to which it applies.

 

The consents could also be timebound with a fixed lapse date (eg 5-6 years) to ensure they are focussed on the rebuild or recovery works needed to address the emergency.

Where the extent of the activity is contained, the effects of the activity are similar across the area and consent conditions can be standardised. The zoning or overlays identified in the district or regional plan as well as tenure pattern may also be relevant. For example, outstanding natural landscapes or sites of significance to iwi.

 

Could be usefully used where there are multiple instances of similar consents required across separate landholdings. In this instance it is more effective and efficient for the local authority to obtain consent than by individual landowners.

 

Global consents are a useful indicator of whether the rules and standards in a district or regional plan are ‘event responsive’. This information could be folded into a subsequent review of the plan (refer plan change option below).
Extending timeframes and providing practical assistance
  • Use RMA s37 to extend timeframes.
  • If a large number of consents are anticipated, timeframes for the processing the applications can be extended.
  • Timeframes can also be extended for applicants to provide any information requested (s92 further information request).
  • Consider the scale and type of information required to be submitted (eg set out proforma information required from the applicant).
  • If a large number of similar applications are anticipated, setting out the minimum information requirements and or providing a simple form to fill out (with some pre-populated information).
  • Applicant assistance (eg waiving consent fees, providing consent lodging assistance). 
  • Providing guidance material to applicants including existing public guidance

 

See resource consents and processes (Environment Guide website)
  • Providing help and assistance to make and lodge consent applications.
Compliance monitoring and enforcement Taking a pragmatic and educative approach to compliance and enforcement.
  • If work is occurring without council being notified or appropriate consents being applied for.
  • Could be done in conjunction with a proforma application approach.
  • Educative approach could emphasise the need for landowners/occupiers to notify the council of works that have been undertaken or are proposed.
Direct referral to the Environment Court

Single step process whereby the Environment Court hears and determines the consent application which speeds the process up for big projects.

 

Requires considerable resource at the ‘front-end’ of the consent application in terms of technical reporting, specialist inputs and legal resource, and consultation and engagement.
  • Enables the consenting of works that are likely to go through a two-step process (e.g. publicly notified with the consent authority’s decision appealed to the Environment Court) to be sped up.
  • Most appropriate for large-scale infrastructure projects that are well advanced in engineering and concept design.
Fast-track approvals pathway Single step process with entry into the process subject to Ministerial decisions.
  • Projects requiring non-RMA regulatory approvals in addition to resource consents (eg approvals under the Wildlife Act).
Plan provisions that provide for possible response and recovery activities in an emergency (plan change)

Having specific provisions in the plan that allow certain activities (eg stream clearance or culvert replacement) in certain emergency situations.

 

This could use the streamlined planning process under RMA s80B to bring it into the medium-term timeframe.

 

Requires status as an automatic exemption listed in s80U.
  • Would need to think carefully about appropriate triggers for when the provisions apply and to what types of activities the provisions would apply.
  • Resourcing plan changes is a significant consideration, specifically for council and iwi/hapu.
  • Plan change could be aligned to occur in response to new national direction on natural hazards.

Statutory tests and safeguards

While emergency response regulations under section 331AA are intended to provide flexibility from standard RMA processes and timeframes, they are subject to important statutory tests and safeguards.  

Before recommending regulations under s331AA, the Minister for the Environment must be satisfied that: 

  • the regulations are necessary or desirable to achieve the purposes of the RMA 
  • the regulations are not broader than reasonably necessary to address the impacts of the emergency event 
  • the potential effects on the environment have been considered, including how any adverse effects can be avoided, remedied, or mitigated 
  • targeted consultation has been undertaken, including with relevant Ministers, affected local authorities, and relevant Māori entities such as iwi authorities (where applicable).

The Minister may also invite other parties, including members of the public, to comment on the proposed regulations where this is considered appropriate.

As emergency response regulations are secondary legislation, they are subject to established oversight mechanisms, including the potential for scrutiny by the Regulations Review Committee.