This article was written in August 2025 following passage of the Government's Resource Management (Consenting and Other System Changes) Amendment Act on 20 August 2025. It is not legal advice.
Background — the second RMA amendment
The New Zealand Government is overhauling the country's resource management law. The current Resource Management Act 1991 (RMA) will eventually be replaced by a new planning system, but the Government is moving quickly to remove bottlenecks in the meantime. The Resource Management (Consenting and Other System Changes) Amendment Act was passed after its third reading on 20 August 2025. The law focuses on speeding up infrastructure and housing projects, providing more certainty, and cracking down on repeat non-compliance. Many of its provisions take effect immediately once the Bill receives royal assent.
Proportionate information and draft conditions
Developers often face information requests that far exceed the scale of their projects. The Amendment Act now makes proportionality a legal requirement:
- Section 88 is amended to allow councils to accept applications that do not fully contain all of the necessary information, if the authority is satisfied that the information provided is proportionate to the scale and significance of the effects.
- Before asking for further information, councils must consider whether the information is actually needed for decision-making and whether the request is proportionate.
- Applicants may now formally request a copy of draft consent conditions. If requested, councils must provide the draft conditions to the applicant and submitters.
For developers, these changes should reduce "information creep" and allow early visibility of proposed conditions.
Compliance history matters
The Government wants to encourage ongoing compliance. The Amendment Act allows councils to consider an applicant's track record and to impose tailored conditions:
- Section 104 is amended to allow councils to decline an application if the applicant has a record of significant and ongoing non-compliance with the RMA (within the previous seven years).
- Section 108 is amended to expressly allow conditions to mitigate the risk of repeat non-compliance, taking into account previous abatement notices, enforcement orders or convictions.
- Maximum imprisonment reduced but fines increased — the maximum fine for an individual increases from $300,000 to $1 million and for a corporate body from $600,000 to $10 million. Insurance against RMA fines is also prohibited.
Developers with good compliance histories are therefore likely to see smoother consenting pathways, while persistent non-compliers may find it harder to obtain new consents.
Natural hazards and land-use consents
Councils may now refuse land-use if there is a significant risk from natural hazards such as floods or earthquakes; this has long been the case for subdivisions. The Act specifies how risks must be assessed and makes clear that a consent may be refused or granted with conditions based on hazard risks. Infrastructure and primary production projects are exempt from this refusal power, but residential and commercial developments are not. Developers should assess hazard exposure early and be prepared for more robust hazard-risk discussions during consenting.
Housing capacity and planning instruments
The Amendment Act responds to slow plan-change processes and a shortage of zoned land:
- Plan change freeze until 31 December 2027 — New Subpart 5B prohibits councils from notifying new planning instruments until 31 December 2027. Councils must withdraw proposed plans already underway within 90 working days unless an exemption is granted.
- Heritage protection streamlined — Section 85AAA removes heritage protection from the Gordon Wilson Flats in Wellington and makes its demolition a permitted activity. The streamlined planning process under Schedule 1 allows councils to remove other inappropriate heritage protections.
Developers should note that the plan-change freeze is intended to reduce costs during the transition to the new planning system, but it may limit opportunities to rezone land before 2027.
What does this mean for developers?
- Prepare quality applications early. Proportionality rules mean that providing clear, focused information is critical.
- Manage compliance proactively. Past non-compliance can lead to refusals and tougher conditions. Implement robust environmental management plans and maintain good records.
- Consider location and hazard risk. High-hazard sites may face refusal or heavy conditions.
- Expect a lull in plan changes. The freeze on new planning instruments to 2027 could limit rezoning but also adds certainty.
- Engage with draft conditions. Use the opportunity to review draft conditions to negotiate minor changes before decisions are issued.
Looking ahead
This Amendment Act is part of a three-phase RMA reform programme. The Government intends to introduce a Planning Act and a Natural Environment Act later in 2025, with the new system in force by 2027. Developers should stay engaged with consultations on national directions and the upcoming Bills. In the meantime, understanding and leveraging the changes in the Amendment Act will be essential to progressing projects efficiently under the current RMA regime.