RM reform update - December 2023 Seventeenth edition

Kia ora koutou,

It has been a busy time at the Ministry in the lead up to Christmas. We have made changes to our operating model to make sure we are set up to work as effectively as we can, and to respond to the direction set by the new Government.

As part of our structural changes, we have reduced the number of senior management positions and the composition of business groups, so we can:

• strengthen our strategy and stewardship, using better evidence to support priorities in national environmental management
• coordinate our relationships, reducing the demand on our partners and supporting them in their environmental management roles
• embed Te Ao Māori and Te Tiriti capability to uphold our statutory and Treaty settlement responsibilities
• embed an organisation-wide focus on climate change adaptation and mitigation.
• centralise enabling services to better support our people.

We are well placed to serve the new government and to progress its plans for its first 100 days in office and beyond.

This resource management update includes:

• the legislation passing to repeal  the Natural and Built Environment Act (NBA) and Spatial Planning Act (SPA)
• practical information about the repeal provisions
• an opportunity to give feedback on how current severe weather Orders in Council (OICs) are operating in your region.

We want to acknowledge that many of you have committed significant time and resources into the broader resource management reforms. Those contributions and your feedback will be useful for future reforms.

We wish you a safe and happy holiday season and look forward to continuing our work with you in the new year.

Ngā mihi nui, nā

Nadeine Dommisse, Deputy Secretary, Environment Management and Adaptation

The Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Bill was passed in the house this week and is awaiting Royal Assent on 24 December.

Once Royal Assent occurs the Bill becomes an Act to repeal the NBA and SPA. 

The Government has also announced its intention to develop a permanent fast-track consenting regime in its first 100-days in office.

It indicated its long-term goal is to change RMA legislation to make it easier to develop new housing and infrastructure, enable primary industry, and better balance environmental protection.

What the changes mean in practice

Almost all resource management matters will continue to apply as set out in the Resource Management Act 1991 (RMA). The RMA has continued to apply since the passage of the NBA and SPA.

The SPA and most NBA provisions are not in use and were intended to apply in stages over a 10-year period. The Government has signaled it will develop new legislation to replace the RMA during its tenure.

The repeal is largely a technical process focused on transitioning, or retaining, the small number of NBA functions that were being used.

The Ministry for the Environment has prepared information on what the NBA repeal means for:

• fast-track consenting
• freshwater consents
• the National Policy Statement for Freshwater Management
• requiring authorities
• Treaty settlements and other arrangements with Māori.

Click here to access this list of information and a comprehensive table showing what the repeal means for compliance and enforcement.   

Please contact rm.reform@mfe.govt.nz with any questions.

Orders in Council under the Severe Weather Emergency Recovery Legislation Act allow a number of laws to be changed to help severe weather affected communities continue their recovery.

The first set of Orders, enacted in early 2023, covered issues such as temporary accommodation, waste removal, resource consent and water issues. The full list of Orders is available here.

We want to make sure the Orders in Council are working as intended and are continuing to effectively support recovery from the severe weather events.

We want to know:

1. If you relied on an Order, what did you use it for? 
2. Have you experienced any challenges in using the Order? If so, what were they?
3. In your view, what are the impacts of the Order (positive or negative) on the community and the environment?
4. Are you experiencing any challenges with severe weather recovery that could be reduced or removed by a new Order in Council? If so, please describe the situation.

Please email your feedback to severeweatherresponse@mfe.govt.nz before 31 January 2024.

We will also be hosting online hui in January where you can share your feedback and ask any questions you may have.

Online hui

We will be holding two online hui, on Thursday 25 January and Friday 26 January 2024. We will be inviting frank discussion and detailed feedback, and key MfE staff will be present to answer your questions.

To register for the online hui please use the links below.

The Ministry is providing advice to Ministers on the work programme to progress the coalition government’s commitments to begin doubling renewable energy production, including a National Policy Statement on Renewable Energy Generation.

We are working closely together with the Ministry for Business, Innovation and Employment and the Department of Conservation to progress this.