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RM Reform Update - October 2022 Eleventh edition

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.

Message from the Ministry for the Environment

Tēnā koutou katoa, 

Reforming the resource management system is a priority for this Government. We’ve been working with mayoral forums, key stakeholders and partners to share progress on our work to develop Aotearoa New Zealand’s future resource management system.   

We have committed to repealing the RMA and enacting the Natural and Built Environment Act and Spatial Planning Act this parliamentary term. The new resource management system represents a new way of thinking, a shared vision and focus on a common aspiration to protect and restore our environment. 

Minister for the Environment David Parker has been delivering a series of speeches to share key decisions that Ministers have made about the future system. Most recently, he delivered a speech on how the reforms will better enable infrastructure and development outcomes for our future resource management system.  

The Government is expected to introduce the Natural and Built Environment Bill and the Spatial Planning Bill to Parliament before the end of this year. The Climate Adaptation Bill is expected to follow in 2023.  

We hope you will engage with the select committee process once the legislation is introduced to Parliament. This will help to ensure the final legislation is as robust as possible and that the new system is fit for purpose for generations to come. 

Ngā mihi nui,

Janine Smith, Deputy Secretary, Natural and Built System and Climate Mitigation.

Hon David Parker, Minister for the Environment’s speech on the infrastructure and development outcomes in the future resource management system

Highlights of Minister Parker’s speech 

On 6 September, Minister Parker delivered a speech to explain how the new system will be more efficient and effective and help ensure we get the infrastructure and development our communities need.  

You’ll find some highlights from the speech below, or you can read the Minister's full speech on the Beehive website

Reforms bring improved efficiency and effectiveness

One of the key reform objectives is to improve system efficiency and effectiveness, and reduce complexity, while retaining appropriate local democratic input. “Good quality infrastructure is necessary for good urban development,” Minister Parker said, “To address our infrastructure and development challenges we need an efficient and effective system that provides more certainty as well as reduced time frames and costs.” 

Minister Parker said that the resource management system is unnecessarily slow, costly and complex. In many cases processes are disproportionate to the decisions being sought or its associated risk.  

The Minister pointed out that in recent study prepared for Infrastructure Commission Te Waihanga, it was found that infrastructure developers currently spend $1.29 billion or 5.5% of the total project budget on getting projects consented, this compares unfavourably to the international average of 0.5% - 5% with 70% of consent-related expenditure on legal, planning and technical specialists.      

“The myriad of zones, overlays, rules and conditions has resulted in significant and unnecessary cost,” he said. 

The new system will help improve system efficiency and effectiveness with a reduced number of plans, more planning up front and a focus on achieving positive outcomes rather than managing adverse environmental effects. 

A new spatial planning function in the system

Minister Parker highlighted the new Spatial Planning Act, which for the first time will provide for a mandatory spatial planning function across all regions in New Zealand. Regional Spatial Strategies will provide long-term, high level, strategic direction for integrated planning in a region, focusing on the big issues and opportunities it faces.  

“They will set out a vision and objectives to guide the region over the next 30 plus years, accompanied by a set of priority actions that will help to turn the vision into reality.”, Minister Parker said. 

These strategies will set out long-term, high-level direction for integrated planning in a region. They will reflect regional circumstances by identifying, for example, areas appropriate for development and indicative locations for future infrastructure corridors. 

A new National Planning Framework

The Natural and Built Environment Act will introduce a National Planning Framework (NPF) allowing the Government to give consistent national direction to decision-makers in the future resource management system, including to plan for and enable infrastructure within limits. 

NPF provisions on infrastructure

Minister Parker said the NPF and Regional Spatial Strategies will together give direction to local and regional decision-makers who write the NBA plans.  

“As currently envisaged, the first NPF will include provisions that integrate infrastructure with other outcomes, including those related to climate change, urban development, affordable housing and the natural environment,” he said. 

The NPF will carry over the medium density residential standards enabled by the Resource Management (Enabling Housing and Other Matters) Amendment Act (RMEHA), which requires tier 1 territorial authorities to allow three storey residential buildings to be built, without the need for a consent. 

“Key conflicts will be identified and resolved at the level of national direction and plan-making, not at the consenting level as is often currently the case,” Parker said. 

Limits and targets play a central role

"Environmental limits and targets will play a central role in the reformed resource management system”, Minister Parker said. 

Limits will prevent further environmental degradation, managing risks to human health and the health of the natural environment. Targets must be set at a level at least equal to the limit, with communities able to set targets that reflect their own aspirations for the environment and the things they care about. 

Limits and targets will work together. “Limits will set the starting point for the natural environment, reflecting the fact that we need to start where we are”, said Minister Parker. 

“Targets will drive improvement, bringing in broader social, economic and cultural goals.” 

Outcome focused consenting

Under the NBA, decision making will consider how a consent contributes to achieving outcomes. Notification considerations and decision making at consenting will be assessed against plan provisions that must align with outcomes, targets and limits set out in planning instruments. We are reducing the number of activities categories from six in the RMA to four in the new system.  

Activities will be categorised with yes (that is permitted), or probably (controlled), or a maybe (discretionary) or no (prohibited).  

Consent application notification requirements will be set out in the National Planning Framework and NBA plans to help improve consent system efficiency and certainty by reducing the time taken to consider whether applications should be notified.   

Key reform outcomes cover built environments too

Minister Parker said several specific outcomes for the natural and built environments will be added to the decision-makers’ mix.  

“They will include enabling housing development and providing timely infrastructure, placing clear expectations on decision-makers regarding what the new system should deliver."  

“Key conflicts will be identified and resolved at the level of national direction and plan-making, not at the consenting level as is often currently the case,” Minister Parker said.

Next steps

The Government intends to repeal the RMA and enact the NBA and SPA this parliamentary term. Once introduced into Parliament, now expected before the end of the year, the Bills will go through a select committee process, where there will be an opportunity for people who are interested to make a submission. You can learn more about how to make a submission to a select committee on Parliament’s website.

How to make a submission to a select committee [New Zealand Parliament website].