Upcoming expiries of Orders in Council

As we move further away from the severe weather events of 2023, there is no longer a need for some of the measures put in place at the time to help communities recover. 

This page provides information about recent and upcoming expiries of Orders in Council. 

Temporary Accommodation

The Government introduced the Severe Weather Emergency Recovery (Temporary Accommodation) Order 2023 in June 2023 to make it easier to provide temporary accommodation in these regions.

Read the Temporary Accommodation order.

When the Order expires on 9 August 2026, temporary accommodation buildings will need to be removed unless they are authorised by another mechanism such as a resource consent. Under the Order, a resource consent for the temporary accommodation building to remain will need to be applied for by 9 February 2026.  

 The Ministry wishes to ensure that all councils in districts and regions where the Order applies are aware of these timeframes. Early communication with affected property owners may assist with planning and consenting processes, and the management of the transition. 

Enabling faster plan changes to support Cyclone recovery

The Streamlined Planning Process under the Severe Weather Emergency Recovery (Resource Management—Streamlined Planning Process) Order 2023 is no longer available, as notification to the Minister for the Environment was required before 20 September 2024 to use this process.  

See Severe Weather Emergency Recovery (Resource Management—Streamlined Planning Process) Order 2023 - Legislation.

Councils can still seek to use the normal Streamlined Planning Process under the Resource Management Act 1991 (RMA). For the councils considering undertaking such a process under the RMA, on request, the Ministry can provide information on how to apply for the process and provide feedback on draft requests. 

Hawke’s Bay rural recovery works

The Severe Weather Emergency Recovery (Resource Management—Hawke’s Bay Rural Recovery Works) Order 2024 enables rural recovery works in Hawke’s Bay to continue, as part of the recovery from the severe weather events in early 2023. 

See the Hawke's Bay Rural Recovery Works.

The Order expires on 30 April 2026. All works under the order must be completed by this date. After this date the normal processes under the Resource Management Act 1991 will apply. 

See rural recovery works - Hawke's Bay Regional Council for more information.

Changes to the Waste Minimisation Act

The Severe Weather Emergency Recovery (Waste Minimisation) Order 2023 provides temporary relief from the payment of the waste levy on flood-related waste for regions listed under the Order.

See the Severe Weather Emergency Recovery Order.

This Order expires on 24 July 2025, which means that the waste levy will be charged on all waste disposed from this date onwards. The Ministry will communicate with the sector covered under the Order (both territorial authorities and waste disposal operators) prior to the expiry of the Order. 

Changes to the Resource Management Act regarding waste management

The Severe Weather Emergency Recovery (Waste Management) Order 2023 makes it easier to construct new landfills and temporary waste facilities so that waste from the severe weather events can be safely disposed of.  

See the Severe Weather Emergency Recovery Order regarding waste management.

No new landfills or temporary waste facilities can be created under the Order after 20 September 2025.  

All landfills and temporary waste facilities covered by the Order must have closed and ceased operating by 31 March 2028, when the Order is revoked. 

If a listed local authority, Waka Kotahi or KiwiRail want to keep operating a landfill or temporary waste facility after this point in time, they must apply for, and have obtained, the relevant resource consents from the relevant local authority before the Order is revoked.