Hero shot for RM Reform 10

RM reform update - October 2023 Sixteenth 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

Kia ora koutou,

Over the past three years, the Government has been working to address the environmental and development challenges that face Aotearoa New Zealand today and into the future.

The Natural and Built Environment Act (NBA) and the Spatial Planning Act (SPA) were passed in August 2023. This new legislation is intended to be introduced over time, and the Resource Management Act 1991 (RMA) remains in force until each region transitions to the new system or there is a change of direction.

A number of provisions in the NBA came into force immediately and we have provided links to these factsheets in this edition of our newsletter.

The Ministry is currently developing national direction under both the RMA and the NBA. National direction provides direction and guidance on matters of national significance such as how freshwater is managed. Several consultations for new or amended national direction are currently underway and are open for feedback.

We look forward to continuing to work with you for an environmental management system that works for Aotearoa New Zealand.


Ngā mihi nui, nā

Liz Moncrieff, Acting Deputy Secretary, Natural and Built System and Climate Mitigation

Nadeine Dommisse, Deputy Secretary, Policy Implementation and Delivery 

Consultation open on biodiversity credit system

Consultation is underway to explore what a biodiversity credit system (BCS) could look like for Aotearoa New Zealand.

The Ministry and Department of Conservation are keen to hear views on the role government could play to help the emerging biodiversity credit market have integrity, attract investment, and direct investment to where it is needed most.

The consultation includes questions about whether a BCS should include development offsets, or compensation under the RMA and Natural and Built Environment Act. For example, should biodiversity credits be able to be used to offset development impacts as part of resource management processes, provided they meet the requirements of both the BCS and regulatory requirements.

Further consultation questions seek to define whether and how a BCS should interact with the resource management system. It could prioritise Significant Natural Areas, and the land-use reform could support the return of erosion-prone land to permanent native forest.

Feedback from consultation will inform advice to Ministers at the end of the year on next steps for developing specific policy proposals.

Public submissions close 3 November 2023.

Find out more - Exploring a biodiversity credit system for Aotearoa New Zealand

Have your say about community-led retreat and climate adaptation

The Parliamentary Environment Committee’s Inquiry into Climate Adaptation remains open for public submissions, until the new Parliament convenes.

The Inquiry is seeking views on what would be needed for a community-led retreat system in Aotearoa New Zealand, how the system would work for iwi, hapū and Māori communities, and how costs might be shared.

To read the Ministry’s chapter-by-chapter snapshot of the issues and options to support submissions, click here.

For more information and to make a submission, visit the Parliament website below.

Make a submission

New mapping guidelines to identify risk areas for drinking water

The Ministry is releasing mapping guidelines to help regional councils identify and manage areas where there is a risk of contamination to drinking water supplies from sources such as rivers, lakes or groundwater.

You can access the full mapping guidelines below.

Mapping guidelines

The mapping guidelines have been designed to work with the existing National Environmental Standards for Drinking Water (NES-DW) and the changes proposed in 2022.

Following that public consultation, the Ministry has been working on proposed changes to the national standards to provide:

  • nationally consistent methods for mapping Source Water Risk Management Areas (SWRMAs) - those areas where activities may be restricted to minimise risks to drinking water
  • stronger management of activities that present a risk to drinking water sources in these areas.

As these changes have not yet been progressed, the existing NES-DW and regional rules continue to apply; regional councils will be able to use the mapping guidance alongside the existing national standards. 

For more information, please contact nesdw@mfe.govt.nz.

Updated forestry regulations strengthen council controls

To reduce the impacts of forestry on communities and the environment, councils will now have more power to decide where new commercial forests, including carbon forests, are located.

Carbon forestry is when the planting of trees are used to offset carbon emissions.

To reflect the inclusion of carbon forests, the updated regulations, which came into force on 5 October 2023, are now called the National Environmental Standards (NES) for Commercial Forestry, rather than the NES for Plantation Forestry (NES-PF).

The new standards give councils greater control over commercial forestry, including clear rules on harvesting practices and new requirements to remove slash from erosion-prone land. Slash is the tree waste left behind after plantation forestry activities.

You can read more information about the amendments here. You can read the Recommendation and Decisions report here.

Early engagement for the National Planning Framework

An engagement draft of the transitional National Planning Framework (NPF) which includes environmental limits and targets, has been shared with iwi/hapū/Māori and local government for feedback.

This engagement phase enables local government (as key implementers of the new RM system) and iwi/hapū/Māori to review and provide feedback on an early draft of the transitional NPF to capture their knowledge and experience.

This will help inform the transitional NPF proposal, which is planned for public consultation in April 2024. The early draft, while not yet open for feedback, is available for the public to read below.

View draft transitional NPF proposal

For more information, please contact nationalplanningframework@mfe.govt.nz.

Advisors appointed to support Government’s response to Ministerial Inquiry into Land Use

In response to the Ministerial Inquiry into Land Use, the Government has established two new roles to help support the recovery effort in Tairāwhiti (Gisborne).

On 4 September 2023, Ministers appointed Michael Campbell as Resource Management Act (RMA) Advisor and Rachel Reese as Facilitator. These two new appointments are among a series of actions the Government is taking to respond to the Ministerial Inquiry into Land Use.

As RMA Advisor, Michael will work closely with Gisborne District Council on the resource management framework which governs activities that create risk from sediment, erosion and woody debris, while supporting the transition to more sustainable land uses.

Michael is a Director of an Auckland-based resource management consultancy with more than 20 years’ experience in plan-making and consenting under the RMA. A former group manager for consenting at Waitakere City Council, he has experience across a range of RMA matters.

As Facilitator, Rachel will assist the Gisborne District Council, hapū, iwi, and stakeholders in the region, and support an integrated response.

Rachel is a former mayor of Nelson and highly experienced as a facilitator and mediator for regional partnering on environmental matters. She will be advising the Ministers for the Environment and Forestry on non-RMA actions to support the recovery and response in the context of the Ministerial Inquiry into Land Use recommendations.

The Ministry for the Environment and the Ministry for Primary Industries will provide support for the two new appointments as they build on the work done by the Ministerial Inquiry into Land Use.

If you have any questions, please contact milu@mfe.govt.nz

You can also stay up to date with the latest updates by clicking the link below.

Latest updates

Guidance tools to support provisions in the new laws

To support understanding of the Natural and Built Environment Act (NBA) and the Spatial Planning Act (SPA), guidance is being developed to provide detail on provisions of the new resource management system that are now in force.

Factsheets on a number of provisions that took effect immediately were published in late August, and more topics have been recently published, including:

  • System outcomes
  • Decision-making and procedural principles
  • Compliance and enforcement: new tools and changes
  • RMA plans and policy statements
  • Aquaculture
  • Requiring authorities, notices of requirement and designations
  • Freshwater farm plans

All factsheets are available by clicking the link below.

Link to factsheets

Spatial Planning Board new website

The Spatial Planning Board, an interdepartmental executive board established under the Public Services Act 2020, oversees the implementation of the Spatial Planning Act 2023, while also having monitoring, evaluating and reporting responsibilities for the Act.

The Board has launched a website where you can learn more about its role and its members, as well as the work of its support team, the Spatial Planning Policy Office.

Visit the Spatial Planning Board website below.

Spatial Planning Board website