New Laws to Replace RMA with Focus on Property Rights and Streamlined Development

Minister Bishop noted that the RMA has stifled economic growth and productivity while contributing to environmental degradation.

The New Zealand Government has announced plans to replace the Resource Management Act (RMA) with two new laws, placing property rights at the heart of resource management. RMA Reform Minister Chris Bishop and Parliamentary Under-Secretary Simon Court revealed the details, emphasizing that the RMA, introduced in 1991, has failed to achieve its intended goals.

Minister Bishop noted that the RMA has stifled economic growth and productivity while contributing to environmental degradation. He highlighted the impact of the RMA on New Zealand's infrastructure deficit and its hindrance to the country’s ability to meet its climate targets. "The RMA consenting system is an active barrier against New Zealand achieving its climate goals, with delays expected to cause significant shortfalls in emissions reductions by 2050," Bishop said.

In response, the Government has committed to replacing the RMA as part of Phase Three of its RMA Reform Programme, which follows a series of changes aimed at simplifying and fast-tracking resource consent processes.

The new system will introduce two separate laws: one focused on managing environmental impacts and another dedicated to urban development and infrastructure. According to Simon Court, this shift will prioritize property rights by eliminating unnecessary restrictions on the use and development of private land, only intervening where there are significant spillover effects on others.

Cabinet has agreed on ten core design principles for the new resource management system, including:

Narrowing the system's focus to managing tangible environmental effects.

Strengthening environmental limits while simplifying the process for gaining resource consents.

Reducing the need for resource consents through greater reliance on national standards.

Shifting towards compliance monitoring instead of pre-consent approval for activities.

Introducing spatial planning and simplifying the designation process for future infrastructure projects.

Reducing regional planning complexity by creating a single regulatory plan per region.

Providing a low-cost, rapid resolution mechanism for disputes between neighbours and councils, potentially through a new Planning Tribunal.

Upholding the Treaty of Waitangi and the Crown’s obligations to Māori.

Streamlining processes to reduce litigation and make legislation more accessible.

An Expert Advisory Group has been established to guide the development of the new system, chaired by environmental barrister Janette Campbell. The group comprises professionals with expertise in law, planning, Māori rights, development, and economics, including Rukumoana Schaafhausen and Gillian Crowcroft.

The new system’s core aspects will be presented to Cabinet by the end of 2024, with legislation expected to be passed before the next election. Minister Court emphasized the Government’s commitment to a smooth transition, with Phase Two reforms continuing through mid-2025 to ensure minimal disruption during the transition to the new system.