How the NES-Papākainga works
The NES-P introduces consistent rules that apply directly in all districts. It applied only on Māori land (as defined in Te Ture Whenua Māori Act 2023) and certain types of Māori-owned general land.
These rules override district plan provisions, unless the local rules are more enabling. The NES-P works alongside regional plan rules, district plan provisions for matters such as natural hazards, heritage and infrastructure, and the Building Act, which all continue to apply to help ensure safe and sustainable development.
Permitted activities
In most rural, residential, and Māori purpose zones, papakāinga development is permitted (i.e. can be done without a resource consent) if it meets certain standards, including:
- up to 10 residential units on Māori ancestral land
- associated non-residential activities, including:
- small-scale commercial activities
- visitor accommodation (limited scale)
- education and health services
- Māori cultural activities, such as marae, urupā and māra kai.
Permitted Activities must also meet standards
Permitted papakāinga developments must meet key standards to ensure development is safe, enduring and environmental effects are managed. These include:
- site coverage limits
- setback distances
- compliance with relevant district plan rules for:
- wastewater and water supply
- natural hazards
- noise and lighting
- earthworks and infrastructure
If permitted activity standards aren’t met, developments require consent
While the NES-P enables a permitted activity pathway, if the conditions are not met, then a resource consent will be required. Most applications will be processed as restricted discretionary activities, meaning councils focus only on specific issues. This might occur when:
- developments exceed 10 homes
- standards (above) are not met
- additional or larger-scale activities are proposed
- the development is on land owned by a Post-Settlement Governance Entity, in their area of interest
- more than 50% of the development is for non-residential buildings The development is not in a residential, rural or Māori purpose zone.
What this means for Māori land owners
The NES-P makes it easier to:
- build multiple homes on a single block of Māori land
- develop papakāinga without needing resource consent (in many cases) or with a more consistent consenting process
- include supporting community and cultural activities
The NES-P will reduce time, cost, and uncertainty, while still ensuring development is safe and environmentally responsible.
What this means for councils
Councils must:
- apply the NES-P rules directly to resource consents once it comes into force
- update district plans to remove conflicts or duplication
- continue to manage environmental effects through relevant plan rules
Councils are responsible for implementing and enforcing the NES-P.