The Planning Bill and Natural Environment Bill (Bills) have passed their final stage in Parliament and will now be sent to the Governor-General to be signed into law.  The two new Bills will replace the Resource Management Act 1991 (RMA), with a staged transition period that will extend for several years.  The immediate focus will be on making national instruments and preparing planning instruments under the new system, with the RMA remaining largely in place during this initial period.

The transition will commence on the day the Bills receive Royal Assent and become law.  One month after Royal Assent the more substantive transition period will start.  During this transition period the RMA will continue to apply subject to some amendments including:

  • The introduction of new procedural principles

  • The removal of 'out-of-scope' effects from consideration during consenting

  • The introduction of new permitted activity pathways

  • The introduction of new national rules

  • The establishment of the new Planning Tribunal which will exercise limited jurisdiction during this time.

The interaction between the RMA and the new legislation, particularly during the transition period, will be a challenging and resource intensive period for those developing, using and implementing the new system.

Once the new national instruments are in place, regional spatial plans have been decided, and land use plans and natural environment plans have been notified the new legislation will apply and the RMA along with all RMA instruments will cease to apply.

The Buddle Findlay team will continue to closely review the legislation over the coming weeks and will be releasing a series of practical guides to assist system users to navigate the new planning system.

We have extensive experience in previous RMA-reform cycles and has been closely following the development of this new legislation, its national direction, and its likely implications.  We are well positioned to advise you on what these changes might mean for your projects or existing undertakings, operations and responsibilities.  Please contact a member of our team if you would like to discuss the potential implications of the new legislation and what this might mean for you.