The Resource Management (Consenting and Other System Changes) Amendment Bill has progressed at pace and passed its third reading on 14 August 2025. The Amendment Bill is part of a series of legislative amendments (along with the Resource Management (Freshwater and Other Matters) Amendment Act), intended to progress certain Government priorities in the resource management space before the complete replacement of the RMA in 2026.
When initially introduced, the Amendment Bill addressed five key themes:
- Infrastructure and energy – changes to consent processing and default durations for renewable energy and long-lived infrastructure;
- Housing growth – making the medium density residential standards optional for councils, changes to the listing and de-listing of heritage buildings and structures intended to achieve simplification;
- Farming and primary sector – changes to the Freshwater Farm Plan provisions, including certification of those Plans, and changes to section 70 in respect of discharge rules;
- Natural hazards and emergencies – providing more tools for dealing with natural hazards and emergency events, including new regulation-making powers;
- System improvements – changes to compliance and enforcement provisions, including increasing enforcement penalties and enabling consideration of past compliance history in consent decisions.
Late changes
In addition to the usual refinements through the Select Committee process, major changes were signalled by the Minister Responsible for RMA Reform and implemented by way of an Amendment Paper. Of particular interest are the "plan stop" provisions. Until 31 December 2027, councils are prevented from notifying any new planning instruments, and must withdraw any planning instruments that have been notified but not yet heard. This moratorium is intended to prevent effort, resources and money being spent on new plans or plan changes while the RMA system is reformed.
Limited planning processes are exempted from the "plan stop" and councils may apply for an exemption if a proposed plan will meet identified criteria, including to rectify existing issues with plans, respond to changes made to the RMA or respond to a recommendation made by the Environment Court.
At the same time as putting the kibosh on planning, the Minister for the Environment has been given new powers to make regulations to modify or remove provisions of existing plans. While the process requires investigation, reporting and consultation, if the Minister is satisfied that provisions have a negative impact on economic growth, development capacity or employment, she can direct that they are modified or removed.
Further changes to section 70 of the RMA have also been introduced, which relate to the ability to permit certain discharges. The changes enable a regional council to authorise the discharge of contaminants that may result in either:
- Any conspicuous change in the colour or clarity of the receiving waters;
- The rendering of fresh water unsuitable for consumption by farm animals; or
- Significant adverse effects on aquatic life in the receiving waters:
provided the regional council is satisfied that those effects are already in the receiving waters, the relevant discharge rule includes standards for the permitted activity, and those standards, in combination with any other provisions in the plan, will contribute to a reduction of those effects over a period no greater than 10 years.
The amendments to section 70 apply to proposed plans notified before, on, or after the commencement of the Amendment Act, including any proposed plan notified before commencement that is the subject of an appeal and any ongoing court proceedings.
Comment
The Resource Management (Consenting and Other System Changes) Amendment Bill addresses a wide range of issues, some sensible, some radical. Anyone working in the fields of planning, consenting or enforcement will need to engage with the Bill as it will drive changes to practice between now the next stage of RMA reform.
Our specialist environment and planning team is available to advise – offering tailored guidance on the RMA reform process and how it could affect you or your organisation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
