The RM Reform update is a regular update from the Ministry for the Environment to people and organisations that have an interest in the reform of the resource management system. If you would like to subscribe to these updates, please click here.
Kia ora koutou,
The Ministry has had a busy start to 2024. We continue to make 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 Government.
MfE, alongside other agencies and Ministries, has continued to support the Government follow its coalition commitments for its first 100-days in office.
Soon after taking office the Government indicated it would take a phased approach to resource management reform. During the first phase of changes, in December 2023, it repealed the Natural and Built Environment Act (NBA) and the Spatial Planning Act.
Some parts of the NBA were retained, including its fast-track consenting regime, as an interim step while new legislation was developed.
In the second phase the Government introduced legislation for a fast-track approvals regime (to make it easier to consent new infrastructure including renewable energy and other developments). It also intends to make amendments to the RMA and will provide national direction on the Going for Housing Growth package.
In the third phase of reform, the Government intends to replace the existing Resource Management Act 1991 with new legislation.
Work to review and replace the National Policy Statement for Freshwater Management 2020 has begun and is expected to take 18-24 months, including consultation.
Last year’s severe weather has focused attention on the importance of both reducing our greenhouse gas emissions and preparing for the impacts. Our work on the proposed National Policy Statement for Natural Hazard Decision-Making continues, and work is underway to create the second Emission Reduction Plan (ERP2).
We look forward to continuing working with you on these programmes.
Ngā mihi nui, nā
Nadeine Dommisse,
Deputy Secretary, Environment Management and Adaptation
The Government introduced the Fast-track Approvals Bill to Parliament for Select Committee review on 7 March.
The Bill’s focus is on establishing fast-track legislation to increase delivery of a range of regionally or nationally significant infrastructure and development projects. If passed, a standalone fast-track act could become law later this year.
The Bill’s proposed ‘one-stop shop’ process will be used for resource consents, notices of requirement, and certificates of compliance under the Resource Management Act. It will also include approvals required under the:
There will be a further opportunity to give feedback on the proposed legislation during the Select Committee process.
Thanks to partners and stakeholders who attended MfE information sessions on the Bill earlier this year.
For more information, and to make a submission, click here [www.parliament.nz]
Please contact rm.reform@mfe.govt.nz with any questions.
The Government will review and replace the National Policy Statement for Freshwater Management 2020. This process is expected to take 18–24-months and will include consultation.
In the interim, the Government wants to address concerns about how the hierarchy of obligations contained in the Te Mana o te Wai provisions of the NPS-FM is being applied to individual resource consent applications and decisions.
These changes are expected to be introduced as part of a bill amending the RMA.
Government has already extended the deadline for councils to notify freshwater plans and policy statements by three years until the end of 2027.
Flooding from Cyclone Gabrielle resulted in significant areas of land in the Hawke’s Bay that require the development of new stop banks, spillways and other infrastructure to protect homes and communities from future flooding.
A temporary law change is being proposed to make it easier to improve flooding resilience at specific sites in the Hawke’s Bay.
The temporary law change, in the form of an Order in Council under the Severe Weather Emergency Recovery Legislation Act 2023, would make changes to the Resource Management Act to streamline the resource consenting process for flood resilience work at these specific sites.
The Order was developed in response to a request from the Hawke’s Bay Regional Recovery Agency.
Public engagement on the proposed Order in Council is underway now. You can find out more on the Ministry website and email your feedback to severeweather@mfe.govt.nz before 5pm on Monday, 18 March.
The Government has committed to reduce consenting barriers for infrastructure, housing and primary production as part of their 100-day plan.
This work includes the Ministry for the Environment (MfE) exploring options around the definition of highly productive land (HPL) to enable more flexibility.
Urban expansion onto HPL can already occur in certain circumstances, but officials are reviewing the NPS-HPL to consider how it could enable more 'greenfield' housing development.
Officials are also reviewing submissions and working on advice for Ministers following consultation on two potential amendments to the NPS-HPL. These relate to the development of new specified infrastructure (such as renewable energy generation), intensive indoor primary production and greenhouses on highly productive land (HPL).
Consultation on these two potential amendments happened in September and October last year and advice will be given to Ministers on next steps in due course.
In September 2023, the Government launched public consultation on the proposed National Policy Statement for Natural Hazard Decision-Making (NPS-NHD). The proposed NPS-NHD aims to direct how decision-makers consider natural hazard risk in planning decisions relating to new development under the Resource Management Act 1991. Public consultation has now closed.
We received 102 submissions. The majority came from councils and groups representing councils.
Submissions from infrastructure providers and industry bodies were the second largest group, followed by Māori organisations and the construction and development sectors.
Submissions were also received from the banking and insurance sectors, NGOs, academics and research organisations.
We would like to thank everyone who took the time to submit. Feedback has been thoughtful and opinions diverse.
Staff have drafted a briefing, based on the feedback received through the consultation process, for the Minister for Climate Change and Minister Responsible for RMA Reform. This briefing will seek direction from Ministers on the next steps.
Work is underway to create the second Emission Reduction Plan (ERP2). This will set-out actions needed to reduce emissions to meet the emission budget for the years 2026 – 2030.
Success of this plan will depend on all New Zealanders taking action, noting that the private sector, local government, iwi and Māori, households and individuals will all have a role to play. Throughout development government will be conducting targeted engagement from a range of voices and perspectives, including public consultation in the middle of the year.
The final ERP2 will be published by the end of 2024.
Updated coastal hazards and climate change guidance has been released.
This technical guidance is designed for practitioners in land-use planning, resource management, building consenting, asset and flood risk management, and infrastructure planning.
It helps decision makers consider the potential effects of coastal hazards and climate change, based on the latest scientific information. It draws on research from the Intergovernmental Panel on Climate Change and data on sea-level rise in Aotearoa New Zealand. Read the guidance here.
Practitioners are invited to attend a webinar at 1pm on Wednesday 27 March 2024. The session will be recorded and will include a presentation from the authors and time for questions. To attend, register here.