The Government has announced that it will introduce legislation to suspend certain future and “in-train” planning processes under the Resource Management Act (the RMA). The purpose is stated to be to reduce work for councils ahead of the introduction of the new resource management system expected to take effect in 2027.
The Government release states that the intention is to allow councils to prioritise preparation for the new planning system, which will be introduced in “phase three” of the RMA reforms through two new Acts: one focused on land-use planning and another on natural environmental management. This could have significant implications for certain in train planning processes. However, the Government has indicated that pathways will remain open for councils to continue planning work that supports key priorities such as housing supply, intensification, and urban development.
Key changes are proposed to include:
- Suspending the requirement for councils to review their plans and regional policy statements every ten years.
- Suspending the requirement for councils to implement national planning standards.
- Extending the existing restriction on notifying new freshwater planning instruments for a further two years to 31 December 2027.
- Requiring councils to withdraw plan reviews and plan changes that have not reached the hearings stage within 90 days of the law taking effect. Any rules with immediate legal effect will remain in force until the relevant plan review or change is withdrawn, at which point they will no longer apply. This will not apply to planning instruments that have a hearing date scheduled within five days of enactment.
- Preventing the notification of new plan changes and reviews, except where an exemption applies.
Exemptions
Certain plan changes will automatically be exempt from these restrictions, including:
- Streamlined Planning Processes and private plan changes initiated by landowners or developers.
- Proposed plans or plan changes that address natural hazard management or fulfil Treaty settlement obligations.
- Plan changes and reviews that are directed by the Minister or called in as a proposal of national significance.
- Changes to implement new national direction provisions where the national direction specifies that its implementation, or parts of its implementation, are to occur through a plan-making process before 31 December 2027.
Councils may also apply to the Minister for the Environment for an exemption to continue or notify a new plan change if there is good reason for doing so. Applications must be submitted within three months of the new law taking effect. Guidance will be provided to support applications, which the Minister will have the discretion to approve or decline.
Implementation
The Government and supporting agencies will release finalised information on automatic exemptions next month. This will be determined by criteria to be contained in the legislation.
The proposed changes will be introduced through an Amendment Paper to the Resource Management (Consenting and Other System Changes) Amendment Bill, which is expected to pass into law before the end of 2025.
Councils with proposed plans affected by the “stop” will have three months after the legislation comes into effect to determine whether a plan (or part of a plan) qualifies for an automatic exemption or to apply to the Minister for the Environment for an exemption.
Councils must also publicly notify the status of each proposed plan to keep communities informed about any changes.
If you have any questions about this article, please get in touch with the contacts listed or your usual Bell Gully adviser.
Disclaimer: This publication is necessarily brief and general in nature. You should seek professional advice before taking any action in relation to the matters dealt with in this publication.
