Preparations for the Resource Management Act replacement legislation

The Government has clearly signaled that after it introduces fast-track consenting and targeted amendments to the Resource Management Act (RMA) (to address the hierarchy in Te Mana o Te Wai) it will embark on replacing the current RMA with new legislation. This will be quick – introduction will be as soon as possible.

We have already outlined what we think the new system needs to deliver in our Briefing to the Incoming Minister and now we are preparing for the detail.

This week we made contact with planning managers who are, and will be, directly responsible for the implementation of legislative changes affecting resource management planning. We asked them to identify the big-ticket opportunity to improve the RMA and National Direction, the biggest challenges they are currently facing, and the features of the repealed Spatial Planning Act and Natural and Built Environment Act that should be carried over into the new system, and why.

This feedback will help us better advocate for local government and influence decision makers through the next phase of resource management reform.

As part of our relationship with the Ministry for the Environment we will continue to ensure local government has visibility on what’s coming up and how we can provide input – including opportunities to co-create policy and implementation advice and prepare formal feedback on legislation, national policy statements and regulation.

About the new legislation

The new legislation will be based on the enjoyment of property rights while ensuring good environmental outcomes, and upholding Treaty Settlements and other Treaty-related commitments and arrangements.

This sits alongside commitments to urgently:

• streamline the plan preparation process in Schedule 1 of the RMA
• simplify the planning system and related statutes including the Public Works Act and the Reserves Act
• make the Medium Density Residential Standards optional for councils
• review the implementation of the National Policy Statement on Indigenous Biodiversity
• replace the National Policy Statement for Freshwater Management 2020 and the National Environmental Standards for Freshwater to better reflect the interests of all water users
• amend the National Environmental Standards for Plantation Forestry
• introduce a National Policy Statement for Renewable Electricity Generation.

There is also urgently required work on natural hazards and climate adaption including managed retreat.