RM reform update - November 2024 Twenty-Second edition
The RM Reform update is for people and organisations with 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,
There have been several significant developments in the Government's resource management reform programme since our September update.
The Resource Management (Freshwater and Other Matters) Amendment Bill returned to Parliament for its final readings and came into force on 25 October.
It was introduced in May to make targeted amendments to the Resource Management Act (RMA) and a range of national direction instruments.
A second RMA amendment bill – outlined in September's RM Reform Update – will be introduced to Parliament in December and is due to become law in mid-2025.
There were several Fast-track Approvals Bill announcements in October.
These included the Government announcement on the 149 projects it has decided to list in the Bill, and the Environment Committee’s report on the Bill was released.
The Bill is due to return to Parliament later this month and could be enacted this year.
As a lead agency in this work, MfE continues to work hard to support policy development work across several programmes.
We look forward to updating stakeholders on the changes and legislative developments.
Ngā mihi nui, nā
Nadeine Dommisse,
Deputy Secretary, Environment Management and Adaptation
The Resource Management (Freshwater and Other Matters) Amendment Act 2024 came into force on 25 October 2024.
The Act amends the Resource Management Act 1991 (RMA) and several national direction instruments.
The Act has nine key changes that:
- Exclude the hierarchy of obligations in the National Policy Statement for Freshwater Management (NPS-FM) from resource consenting while a review and replacement of the NPS-FM is undertaken.
- Repeal the low slope map and associated requirements from stock exclusion regulations.
- Repeal the permitted and restricted discretionary activity regulations and associated conditions for intensive winter grazing from the National Environmental Standards for Freshwater (NES-F) and replaces these with new regulations for setbacks from waterways and critical source areas.
- Align the provisions for coal mining with other mineral extraction activities under the National Policy Statement for Indigenous Biodiversity (NPS-IB), NPS-FM and NES-F.
- Suspend for three years requirements under the NPS-IB for councils to identify new Significant Natural Areas (SNAs) and include them in district plans. The Bill also extends some SNA implementation timeframes.
- Speed up and simplifies the process for preparing and amending national direction, including national environmental standards, national planning standards, national policy statements and the New Zealand Coastal Policy Statement.
- Clarify councils’ ability to consent discharges that would result in significant adverse effects, provided receiving waters are already subject to such effects, and conditions reduce effects over time.
- Pause the rollout of freshwater farm plans until work to improve the system is finalised.
- Restrict notification of freshwater planning instruments (regional policy statements and plans that give effect to the NPS-FM 2020) until a new NPS-FM takes effect or 31 December 2025. This applies from 22 October 2024.
MfE is preparing a series of factsheets on the Act, which will be available on its website in coming weeks here.
The Primary Production Select Committee report on the Bill is available here.
Please contact RM.Reform@mfe.govt.nz if you have any questions about the Act.
Several announcements on the Fast-track Approvals Bill (FTA Bill) were made in October.
Government announces 149 projects for Bill
On 6 October, the Government announced its decision to list 149 infrastructure and development projects in the FTA Bill.
The projects were grouped by region and sectors, such as housing and land development, renewable energy, aquaculture and farming and infrastructure. Applicants included the Crown, local government, iwi and business.
Decisions on which projects to list were made by the Ministers for Infrastructure (Hon. Chris Bishop); Transport (Hon. Simeon Brown) and Regional Development (Hon Shane Jones), as specified in the Bill.
The Ministers’ decisions were based on recommendations from an independent Projects Advisory Group and advice from officials.
Projects not listed in the Schedule will still be able to apply for referral for assessment by Expert Panels once the Bill becomes law.
Read the full list here.
Fast-track independent Advisory Group report released
The Fast-track Projects Advisory Group report on 342 projects applications Ministers could consider for inclusion in the FTA Bill’s Schedule was released on 11 October.
The report is available here.
Environment Committee report released
The Environment Committee released its report on the Fast-track Approvals Bill to the House of Representatives on 18 October 2024.
The report makes recommendations on the Bill based on analysis of almost 27,000 submissions received by the Committee between March and April 2024.
The Committee heard 794 oral submissions on the Bill in May and June.
Read the Environment Committee’s report on the Bill [New Zealand Parliament website].
Next steps for the FTA Bill
The Fast-track Approvals Bill will return to Parliament in November and December for its final readings and could become law in late 2024.
Keep up to date on FTA Bill announcements here.
The Coalition Government has agreed core principles and a high-level timeline for Phase three of its resource management reforms.
These principles include replacing the RMA with two acts.
One act will manage environmental effects arising from activities that use natural resources. The other act will enable urban development and infrastructure. This act will also be aligned with the Government’s Going for Housing Growth plan and its 30-year National Infrastructure Plan.
An Expert Advisory Group (EAG) has been established to prepare a blueprint to replace the RMA.
The EAG will base this blueprint on principles agreed to by Cabinet and the Government’s resource management reform objectives and aims to provide recommendations before Christmas 2024.
Detailed policy work and legislative drafting will begin after Cabinet has agreed to key aspects of the new legislation in early 2025. The Government aims to introduce bills in Parliament in mid-2025 and pass these into law by mid-2026.
The Select Committee process will be the main mechanism for public consultation.
Click here for more information about the principles and the EAG.
The Resource Management (Extended Duration of Coastal Permits for Marine Farms) Amendment Act (2024) came into force on 3 September 2024.
The Act amends Part 7A of the Resource Management Act 1991 (RMA) to:
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extend the duration of all existing RMA coastal permits, also known as resource consents, that enable marine farms to operate by 20 years (in addition to their current term), but not beyond 31 December 2050
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provide a bespoke mechanism for consent authorities (councils) to review the conditions of coastal permits extended in duration under the Act.
The Act also extends:
- coastal permits for marine farms that expired before 3 September 2024, if an application had been made for a new coastal permit in accordance with section 165ZH of the RMA
- replacement coastal permits if they have been granted but have a later commencement date
- coastal permits that are under appeal if they are subsequently granted.
Councils must update expiry dates on extended coastal permits within six months of the Act coming into force.
Councils can suspend the update process for two months while coastal permit holders notify council of decisions on which permit they want to proceed with.
Guidance available
Read the full Ministry for Primary Industries update and guidance for permit holders and councils here.
Cabinet has approved an Order in Council to enable works that will reduce the flood risk for hundreds of properties in Māngere, Auckland.
The Auckland Anniversary weekend floods and Cyclone Gabrielle in January and February 2023 had a devastating impact on residents in many communities across Auckland.
Te Ararata and Harania in Māngere were among the worst-hit areas and 376 properties are at risk of flooding again.
Auckland Council plans to undertake works in these areas to reduce the flood risk and increase the resilience of infrastructure for the wider community.
The construction of these types of works usually requires complex resource consents that would take a year or longer to grant.
The Order in Council will make temporary changes to the Resource Management Act, allowing these works to start this summer.
More information about the Order in Council is available on MfE’s website.