Resource Management Act Update
The Government has recently announced plans to replace the Resource Management Act 1991 with two new acts that distinguish between land-use planning and natural resource management, while placing greater emphasis on safeguarding private property rights.
The new system will overhaul the current resource consent process, introducing a planning framework which the Governmnent says is designed to make it easier to build houses and infrastructure, and carry on farming and other primary sector activities, while still retaining some protection of the natural environment.
The two bills
The Planning Bill focuses on enabling development and regulating land use.
The Natural Environment Bill focuses on managing the impacts from the use of natural resources and protecting the natural environment from harm.
Key features
Key features of the new RMA system include:
- Fewer effects managed: Many effects which are currently considered relevant to planning and consenting processes will no longer be able to be considered, including internal site matters, retail distribution effects, visual amenity, competition impacts and the financial viability of a project.
- Fewer consents: There will be fewer activity categories, with activities which are considered to be low-impact no longer requiring consent.
- More proportionate conditions: All consent conditions will be required to be necessary and proportionate, with the aim of reducing red tape.
- Fewer plans: More than 100 existing plans will be reduced to 17 regional combined plans that bring together spatial, land use and natural environment planning in one place, making it easier for New Zealanders to know what they can do with their property.
- Spatial planning: 30-year regional spatial plans will be required to identify growth areas, infrastructure corridors and areas requiring protection.
- Faster plan-making: Plan development time is predicted to fall from an average of 6 to 7 years currently to around 2 years for a regional combined plan.
- Standardised zones: There will be a major reduction from 1,175 current bespoke zones to a much smaller, nationally consistent set decided by central government.
- National standards: There will be a comprehensive suite of national standards for common activities to reduce costs and speed up consenting.
- Regulatory relief: When imposing significant restrictions, such as heritage protections and significant natural areas, councils will be required to provide practical relief mechanisms.
- Clearer consultation requirements: There will be clarity about who must be consulted and when, including iwi.
- Faster conflict resolution: A new Planning Tribunal will be created to resolve straightforward disputes quickly and at low cost.
- Clear environmental limits: There will be clear environmental limits to support community decision making, improve efficient resource use and reduce unnecessary application costs.
- More consistent enforcement: There will be centralised oversight of enforcement procedures to ensure consistent and effective enforcement across the country.
National policy direction
Government says that it will finalise the National Policy Direction under the new system within nine months of the Bill’s passing. Mandatory national standards will then be delivered in stages, aligned with councils’ plan-making needs.
If you have any questions, contact a member of our Environmental Law Team:
Chris Fowler, Partner
chris.fowler@saunders.co.nz
Margo Perpick, Partner
margo.perpick@saunders.co.nz
Gabi Newman, Lawyer
gabi.newman@saunders.co.nz