RMA reform and regional planning updates

The Coalition Government continues to deliver on fast-paced reform of the Resource Management Act 1991 (RMA) and related legislation.

This reform is underpinned by a collection of over 20 RMA-related coalition agreements. The RMA provides for a vertical structure of planning and policy matters which trickle down through regional and local levels. Changes at the ‘top’ have a direct and corresponding effect on what happens at the ‘bottom’ (the local context). Below is a snapshot of changes on foot.

Phase 1 – RMA Bill #1

The Resource Management (Freshwater and Other Matters) Amendment Bill (RMA Bill #1) was introduced to the House on 23 May 2024. This Bill has been termed as an immediate ’quick fix’ to a range of RMA matters. It includes the following changes:

• Exclude the hierarchy of obligations in the National Policy Statement for Freshwater Management (NPS-FM) from resource consenting. This relates to Te Mana o Te Wai priorities for freshwater management and signals a further change coming to the NPS-FM itself.
• Farming-related amendments – including changes to stock exclusion regulations, and repealing consenting requirements for intensive winter grazing in the national standards.
• Introduce consenting pathways for coal mining under the National Policy Statement for Indigenous Biodiversity (NPS-IB), National Environmental Standards for Freshwater (NES-F), and NPS-FM.
• Suspend requirements for councils to identify new Significant Natural Areas (SNAs) for three years.
• Amend the process for preparing and changing national direction. This includes changes to section 32 evaluations to provide greater consideration of economic effects (adverse and beneficial).

Phase 1 appears to be clearing the pathway for future changes in national policy direction at a quicker pace (including topics signaled in respect of new infrastructure, housing growth, natural hazards, and renewable energy). The Bill can be viewed online here – RMA Bill #1 – and will be sent to the Primary Production Select Committee for consideration after its first reading, next week.

Phase 2 – RMA Bill #2

The government’s press release on RMA Bill #1 provides only a high-level ‘hint’ as to what will be contained within Bill #2, stating: “we also plan to amend or develop new RMA national direction as part of Phase Two. This will make it easier to consent new infrastructure, get more houses built and it will enhance the primary sector”.

Local industry groups are however anticipating likely changes to:

• Deliver on the ‘Going for Housing Growth’ agenda 
• National planning policy and direction for infrastructure
• the National Policy Statement for Highly Productive Land (NPS-HPL) (potential removal of LUC 3 soils)
• Emergency response regulations
• Other suggestions from industry

It is anticipated that Bill #2 will be introduced later in 2024. Amendments to the NPS-HPL to remove LUC class 3 soils are highly anticipated by a number of landowners currently restricted in further development or subdivision pending any regional-scale review of the soils mapping.  

Future of RMA reform

The government has signaled that its 3^rd stage of reform would involve a more comprehensive review, repeal, and replacement of the RMA. In the meantime, it continues progressing the passing of the Fast Track Approvals Bill into legislation (including consideration of particular listed projects). This has been signaled as being completed by the end of the government’s first term (September 2026).

Regional level changes

National policy and planning direction has a direct impact on regional-level planning. The current regional planning context for Otago is also in a state of flux. The Otago Regional Council (ORC) has recently released decisions on its proposed regional policy statement 2021. There are two streams of live appeals on this (5 appeals on points of law to the freshwater parts and 19 appeals to the Environment Court on non-freshwater parts). Any person who has an interest greater than that of the general public is currently able to ‘join’ those Environment Court appeals as an interested party: RPS Appeals

Additionally, ORC is in preparation to notify its Land and Water Regional Plan. Over the period January 2024 to August 2024, statutory consultation is being undertaken with those who could be affected by the plan. This includes iwi authorities as well as stakeholders such as city and district councils, central government, industry groups, and environmental groups: Land and Water Regional Plan.

Local level changes (Queenstown Lakes District Council)

All of the above changes filter down to the local planning level. The Queenstown Lakes District Council is currently underway with implementation of a range of policy and planning changes, including:  

• Preparing to notify the 4^th stage of the District Plan Review (relating to remaining Operative District Plan zones)
• Making the proposed District Plan partially operative (meaning some landowners will then have the opportunity again to apply for private plan changes)
• Completing Housing and Business Capacity Assessments to inform future spatial planning instruments
• Implementing variations to the proposed district plan (including intensification of urban area height limits and density, landscape schedules, and inclusionary zoning).

A snapshot of these workstreams can be found here: Update on planning and policy projects.

All of the above fluctuations in the system are integrated and influence each other. The hierarchical system of policy in the RMA can seem complex, but it also presents opportunities for communities and landowners to get involved in a number of ways and progress their interests and objectives.

At TODD & WALKER Law we have a specialist Resource Management team who can assist with more information about the reform programme and how it might affect you. Contact us on [email protected] or 03. 441 2743.

This article was prepared by our Resource Management specialists Rosie Hill, Senior Associate and Ben Russell, Solicitor.