RM reform update - Special Bulletin

The Natural and Built Environment Act and the Spatial Planning Act were passed into law on 23 August 2023.    

The new legislation creates a resource management (RM) system that aims to deliver better outcomes for the environment, people and the economy. The new system will protect and restore the environment while enabling development within environmental limits.

Read a high-level summary of the new RM system here.

The RM journey

Over the past several years, the reform of the RM system has been carried out in phases. This has included amendments to the Resource Management Act (RMA), new rules to protect and restore freshwater, and legislation to enable the supply of housing. 

A comprehensive review of the entire RM system by an expert panel, led by former Court of Appeals judge Hon Tony Randerson KC, provided the basis for the policy that underpins the new Acts.

In 2020, the Government committed to repeal the RMA and enact three new Acts in its place. Two of these became law on 23 August.  

• Natural and Built Environment Act (NBA) sets out how the environment will be protected and used. It covers land use, along with environmental protection, water takes, discharges and use of the coastal marine areas.
• Spatial Planning Act 2023 (SPA) fills a critical gap in the current resource management system and mandates that each region will create a long-term spatial strategy.
• The third proposed piece of legislation, Climate Change Adaptation Bill (CCAB), would address community-led retreat and climate adaptation funding and financing. A select committee inquiry into climate adaptation has been opened, which supports the development of the CCAB. 

Decision-making in the new RM system focuses on achieving the outcomes specified in the new Acts, rather than just managing adverse effects on the environment. 

New tools will help provide direction and ensure consistency, particularly the National Planning Framework (NPF) and regional spatial strategies (RSS) that carry statutory weight. These documents will inform the comprehensive natural and built environment plans (NBE plans) which will reduce reliance on individual consenting decisions.

There will be a shift towards more collaborative and integrated regional planning.  The number of local government RM plans will reduce from more than 100, down to 15 RSS and 16 NBE plans. The NBA includes measures to strengthen local voice and provide for the needs of the communities within each region.

The new system now gives effect to the principles of te Tiriti o Waitangi and provides greater opportunities for Māori participation. A new National Māori Entity will be established, which will monitor te Tiriti performance. The entity will not be representative of hapū, iwi or Māori and will operate independently from the Government.

The way natural resources are allocated should become more efficient and equitable. Environmental limits and targets will be used to help protect human health, and to protect and restore the natural environment.

Finally, improvements in monitoring, reporting and oversight of the new system will provide better information about how it is working.

The new RM system will be phased in over time. Some changes take effect immediately. However, the transition from the RMA to the SPA and NBA will occur sequentially and region-by-region. Different regions will switch over at different times and until a region has both an RSS and NBE plan in place, much of the RMA will continue to apply. This includes current national direction, regional policy statements and plans, and many processes such as consenting and designations.  

There are a range of work programmes underway to support a successful transition and implementation process. Implementation will be regionally led and build on existing knowledge, work and relationships of councils, hapū, iwi and Māori and everyone who uses the new system. 

Some regions will be ready to implement the new system earlier than others. The Government will support and work closely with these first regions to establish their RPCs, and to develop their RSS and NBE plans.

This first group of regions will help demonstrate how workable the new system is, provide lessons for the regions that follow, and inform the type of support and system improvements that may be needed.

Work is also underway to explore how the government can support the regions that follow to prepare for their transition.

Almost every Treaty settlement to date includes natural resources redress, which interacts with the RMA. Engagement with post-settlement governance entities and other relevant groups is underway to reach agreement on how to continue to uphold Treaty settlements and other arrangements in the new system.

The following series of Fact Sheets provide information about the provisions in the new Acts that come into force on 23 August, the day after they receive Royal assent.

Transitioning from RMA to SPA and NBA

The new legislation changes the way we manage the environment, natural resources and land. The transition from the RMA to the SPA and NBA will occur sequentially and region-by-region, with some provisions of the new Acts applying immediately.

Overview – Transitioning to the Natural and Built Environment Act from the Resource Management Act

Fast-track consenting process

The NBA has a fast-track consenting process for certain infrastructure and housing activities. The process is available for both resource consents and for notices of requirement to designate land.

Fast-track consenting process

Freshwater related consents

During the transition to the new RM system, some freshwater-related resource consents issued under the RMA will have a new maximum duration. These will vary region-by-region as regional planning committees develop their NBE plans.

New maximum duration for some freshwater-related consents

Requiring authorities under the NBA

The NBA contains provisions about who is or who can be a requiring authority. A requiring authority is a person or entity that can require land to be set aside (designated) for a public purpose, such as a hospital, school or network. The new provisions will take effect from three months after Royal Assent. 

Requiring authorities under the Natural and Built Environment Act

Compliance and enforcement

New and updated compliance and enforcement (C&E) powers and tools will come in progressively over the next two years. These include measures to support deterrence, more flexible intervention, and councils’ ability to recover costs associated with their C&E activities.

Compliance and enforcement

Contaminated land

The NBA addresses the management of contaminated land differently to the RMA. The emphasis has shifted to the ‘polluter pays’ principle, meaning those who cause or allow contamination to occur will bear the costs of managing the pollution. There is also a clear responsibility for regulatory agencies and landowners to prevent or remedy harm from contamination and to minimise further adverse effects. Some contaminated land provisions start immediately.

Contaminated land

Aquaculture management

During the transition to the new RM system, a number of changes are being implemented to the RMA related to aquaculture management. Some come into effect from 23 August 2023. These include mapping changes to aquaculture settlement areas and increased powers for the Minister of Aquaculture to make decisions.

Aquaculture management

The updated publication Aotearoa New Zealand’s New Resource Management System: An overview gives a high-level summary of the changes.

Along with the above Fact Sheets, more detailed information and guidance will be published on the Ministry for the Environment’s website over the coming months.

We look forward to continuing to work with you as we implement the first phase of the new RM system.

If you have any questions, please email rm.reform@mfe.govt.nz.