New Zealand’s most significant resource management reforms in more than three decades are approaching quickly, and a rapid transition now appears likely.
Introduction
Following a shortened submissions process and significant scrutiny, the Environment Select Committee reported the Planning Bill and the Natural Environment Bill back to Parliament on 20 July 2026, recommending that both be passed.
New Zealand’s most significant resource management reforms in more than three decades are approaching quickly, and a rapid transition now appears likely. This quick start guide outlines the key changes practitioners, councils and landowners should understand before the new regime takes effect.
Transitional Consenting
Enactment is anticipated in September 2026, with the new planning system expected to be fully operational by 2029. During the intervening three-year transition, practitioners, councils and landowners will need to navigate inconsistencies and competing interpretations as the new legislation is progressively implemented.
A transitional consenting regime will commence one month after royal assent and proceed in three stages:
- The Resource Management Act 1991 (RMA) will continue to apply, subject to amendments that bring selected changes forward before the new planning system is fully implemented. Key changes include a narrower scope of effects under s 104, alternative permitted activity pathways, new procedural principles and extended consent expiry dates.
- National instruments directing policy under the new legislation will be introduced early in the transition. These will include Initial National Rules intended to prevail over existing National Environmental Standards.
- The Planning Tribunal, expected to be established by mid-2027, will provide authoritative guidance on the interpretation of the new legislation and a mechanism for the prompt resolution of disputes.
Where to Start: Schedules 1 and 11
Schedules 1 and 11 of the Planning Bill are essential reading for anyone preparing for the transition to the new regime. Together, they set out the mechanics of how the shift away from the RMA will actually work, and what changes take effect in the interim. Schedules 1 and 11 of the Planning Bill provide the clearest starting point for understanding the transition and preparing for its practical implications.
Schedule 1 sets out the transitional provisions applying to both Bills and explains how the transition is intended to operate in practice. It covers the status of existing consents, the sequencing of new planning instruments, and the point at which the RMA ceases to apply.
Schedule 11 identifies the amendments to the RMA, and to other legislation, that will commence one month after royal assent. It is intended that this will begin implementing the new planning regime with minimal disruption while national instruments and plans are developed.
Key takeaways from Schedule 1
- The transition period begins one month after Royal assent and ends on the day before the specified transition date. The specified transition date is the date on which the Governor General, by Order of Council, declares that the new legislation will apply because he is satisfied that the order is necessary or desirable to facilitate an orderly transition as soon as reasonably practicable.
- Activity under new legislation will focus on making national instruments and preparing planning instruments in a sequenced manner. National instruments will come first and must be issued no later than 12 months after Royal assent. Regional spatial plans will follow and must be notified for submissions 9 months after the national policy direction has been issued. Finally, land use and natural environment plans will be developed, local authorities are required jointly appoint Independent Hearings Panels to hear the first proposed plans for each district.
- After the specified transition date, the RMA and all RMA planning instruments will cease to apply. However, any enforcement process commenced under RMA before the specified transition date must be continued under the RMA as it was immediately before the Acts received Royal assent.
Key takeaways from Schedule 11
- Where a conflict arises between the RMA and either the Planning Act or the Natural Environment Act, the Planning Act and Natural Environment Act will prevail over the RMA.
- New section 104(1A) provides that local authorities must not have regard to the internal or external layout of a building; negative effects of the development on trade competition; effects of retail distribution; lack of demand or financial viability; type of residents to accommodate the development; or views from private property when assessing the effects of an application. Additionally, territorial authorities may amend provisions in a district plan without using the Schedule 1 RMA processes in order to remove or modify provisions relating to those matters specified in s 104(1A).
- New section 104AA allows a consent authority to give notice that a district land use activity is a permitted activity despite marginal or temporary non-compliance.
- After commencement, the Planning Tribunal has power to confirm or reverse the decision being reviewed or to modify the decision in any manner the Tribunal thinks fit.
How we can help
The immediate priority is to identify which existing applications, consents and projects may be affected by the early RMA amendments, and which will remain governed by the current framework during the transition.
Any new regulatory regime creates uncertainty, and these reforms are no exception. As councils and spatial planning committees update their plans and processes to reflect the new statutory language, differing interpretations are likely to emerge, particularly where the legislation departs materially from settled RMA jurisprudence.
If you would like advice on how these changes may affect you, your organisation or a proposed project, please get in touch with Joanna Beresford | Environmental Partner | 021 114 1277
Disclaimer. The information in this article is intended to provide a summary of the topic covered and is for general information only. It is provided without charge, is not comprehensive, and does not provide legal advice or other advice. Please seek independent advice before acting on any information in this article.