Hon Chris Bishop and Under-Secretary Simon Court introduced two new Bills yesterday to replace the RMA: the Planning Bill and the Natural Environment Bill.

With the introduction of these Bills, the Government has signalled the beginning of a fundamental transformation of how we manage our environment, plan and develop land and deliver infrastructure.

The new system includes: 

A narrower set of effects that are regulated, so more activities can happen without needing approval.

a clear set of national direction under each Bill to guide decision-makers.

more standardisation with new national standards across the country for environmental limits and land use.

one combined plan for each region that that implements national direction and includes spatial, natural environment and land-use.

binding environmental limits set by central and local government for human health and ecological limits for air, water, land and soils, and indigenous biodiversity.

data and technology to underpin the system

The Bills will have their first reading next week and then will be referred to select committee.  Select committee will set the timeframe for submissions.

In his speech announcing the Bills, Minister Chris Bishop spoke directly to those in local government about their role in the process saying:

“Councilors, council staff, planners, consultants, practitioners, lawyers, we need your buy-in, we need your help. We need your involvement to drive this system and cultural change for New Zealanders.

We welcome your submissions to the select committee process…it won’t be perfect, every bit needs improving, and once the bills have passed we need you to be champions of the system in your workplaces and communities.”

Taituarā will be working with our Resource Management Reference Group to develop a submission to respond to the Bills. We will keep you informed of our progress and let you know when the draft will be available.

We are also hosting a webinar next week, on Tuesday 16 December with Simpson Grierson to unpack what is in the Bills.  The webinar will cut through the complexity of the Bills and identify key issues for your submissions.

Simpson Grierson has put together an initial analysis here including the helpful timeline below.

You can find more details on the reform here. Better planning for a better New Zealand | Ministry for the Environment 

Transitional consenting framework

During the transition period, a transitional consenting framework will be used. A Bill to support this framework was introduced under urgency yesterday: Resource Management (Duration of Consents) Amendment Bill.  

MfE’s supporting information states:

Existing consents

Existing consents (including those granted during transition) will be valid under their current terms unless they’re due to expire during the transition, in which case they will be extended. Applications will be assessed under the rules in place when they are lodged. Section 124 protections will continue, so consent holders can keep operating under expired consents while new ones are being processed. Rules for changing or reviewing consents (sections 127 and 128) will still apply, based on the system in place at the time.

Consents that expire between when the new laws take effect and 12 months after the switchover on the ‘specified transition date’ will automatically be extended to 24 months after the specified transition date. These consent holders can either apply early under the transitional process or wait for the new system to begin.

Useful links

The Ministry for the Environment’s website includes an overview document of the Bills and fact sheets: Better planning for a better New Zealand | Ministry for the Environment