Planning and environment Acts become law

The Planning Act and Natural Environment Act have received Royal assent and are now law, marking the beginning of New Zealand’s transition to a new and fundamentally different planning system.

RMA Reform Minister, Chris Bishop said the replacement of the Resource Management Act 1991 represents a significant shift in fixing the basics of how New Zealand manages its land and environment and plans for future development, unlocking economic growth.

“With Royal assent, the two Acts now provide the legal foundation for a planning system that will make it easier to build new homes and infrastructure, develop renewable energy and produce the food and fibre the country needs, while providing more effective environmental management and greater certainty for communities, councils, businesses and investors,” said Mr Bishop.

Parliamentary Under-Secretary, Simon Court says a fundamental change under the new system is that more of the big decisions will be made upfront. 

“National policy direction, nationally consistent standards and long-term regional spatial planning will give much greater clarity about where and how New Zealand grows, what needs to be protected and what rules people need to follow,” said Mr Court.

“The intention is to resolve big questions once, at the right level, rather than relitigating them plan by plan and consent by consent. A developer should not face different planning rules each time they cross a council boundary. 

“Each region will ultimately have a combined regional plan, bringing together a regional spatial plan, a natural environment plan and land-use plans for each district.”

He said regional spatial plans will be an important early step.

“They will set the long-term direction for how regions grow and change over the next 30 years and beyond, bringing together decisions about housing, business growth, infrastructure, natural hazards, environmental constraints and long-term investment.” 

Mr Bishop says Royal assent marks the point where the reform programme moves from legislation into delivery. 

“I have written to council leaders today setting out what happens next and the important role councils will play in both maintaining continuity through the transition and building the new system.”

“In the coming weeks, I will be encouraging councils to brief elected members on what the new laws mean immediately and over time, identify implementation risks and capability needs, and to consider the data, systems and investment they will need to support the new planning system. 

“At the same time, the day-to-day work continues. Councils will continue processing consents and carrying out compliance monitoring and enforcement functions under the RMA while preparing for regional spatial planning and the first package of National Policy Direction. 

“The first practical change will come one month from now, when transitional consenting arrangements take effect. These arrangements are designed to minimise disruption while allowing some of the benefits of the new system to begin earlier.”

The new Planning Tribunal will be established in 2027, providing a more independent and accessible way to resolve lower-level disputes, primarily relating to resource consents and designations.  
 
“The Tribunal will replace current council-led objection processes and operate as a division of the Environment Court. Decisions made before the Tribunal is established will remain subject to objection and appeal processes under the current system,” said Mr Bishop.

“A major part of implementation will also be getting the digital and data foundations right. Councils hold critical environmental, hazard, spatial, monitoring and planning information, and central government will work alongside local government to build shared digital tools, regional e-plans and more consistent national planning information. 

“We want to avoid councils duplicating investment or rebuilding systems several times over as the new framework takes shape.”

To support that work, MCERT has today launched planning.govt.nz as the central source of information about the new planning system. 

The website sets out how the transition will work, the key implementation milestones, and practical guidance for planning practitioners, and will be updated as implementation progresses.

“MCERT has also established dedicated transition support for councils, so questions and practical feedback from those implementing the system can help shape the guidance and support provided as we go.”

“The next major steps are already underway. Feedback on the Government’s illustrative National Policy Direction is open until 16 October, with the first package of National Policy Direction and standards for regional spatial plans to be finalised in 2027. 

“Councils will then notify draft regional spatial plans in 2028, before the new land-use and natural environment plans are developed and the new system becomes fully operational through 2029 and 2030. 

“The laws are now in place. The job from here is to work with councils, iwi and the wider planning sector to make sure the new system delivers in practice,” Minister Bishop said.

For further information, visit Planning.govt.nz.