RMA reform aims to unclog consent bottlenecks

The Government passed a second round of reforms to the Resource Management Act (RMA) on 14 August, aiming to end what it describes as a “culture of delay” in the planning and consents system and speed up delivery of housing, infrastructure and development projects 

The Resource Management Amendment Bill (No 2) introduces changes across environmental consenting, infrastructure protections and planning processes – many of which have immediate implications for builders, developers and construction professionals working across the urban and infrastructure sectors. 

Minister for RMA Reform Chris Bishop said the law change would get projects moving faster. 

“Our full replacement for the RMA will be introduced to Parliament this year, be passed into law next year, and be in effect by 2027 – but in the meantime, through this Amendment Bill, we’re making it quicker and simpler to consent renewable energy, boost housing supply, and reduce red tape for the primary sector,” he said. 

Fast-track in action 

The reforms accompany the launch of a new Fast-track Approvals Act, which creates a single process for major projects to secure the approvals and consents they need. On 15 August, the first Fast-track project was approved – a $120 million wharf expansion at the Port of Auckland, including a new piled berth and cruise terminal. The application was decided in 66 working days from submission to final decision. 

While the Fast-track process is reserved for projects nominated by Ministers and subject to panel approval, Bishop said it demonstrates the Government’s intent to help business cut through red and green tape. 

“The Act helps cut through the tangle of red and green tape and the jumble of approvals processes that has, until now, held New Zealand back from much-needed economic growth,” he said. 

Panels are currently considering a further 10 projects – five residential developments, one mining extension, one industrial subdivision, a quarry, a metropolitan centre and a power scheme consent renewal. 

Consent timeframes and infrastructure certainty 

The new RMA amendment sets specific deadlines for council decisions on consents relating to key infrastructure. Councils must now process applications for renewable energy, transmission, battery storage and wood processing infrastructure within 12 months. Consents for renewable energy projects now last 10 years before lapsing (as opposed to five years under the old scheme), and long-life infrastructure is entitled to the full 35-year term allowed under the Act. 

Another major shift allows port companies to become Requiring Authorities under the RMA. This enables ports to protect their infrastructure via designations in district plans and to use Public Works Act powers for land acquisition when needed. 

Streamlined planning for housing 

To support housing delivery, the reforms expand the streamlined planning process (SPP), originally introduced in 2017. Councils can now apply the SPP to rezone land or amend district plans to accommodate residential intensification. The process includes independent hearings, Ministerial panel appointments, a single council decision, and limited appeal rights. 

The reform also enables Auckland Council and Christchurch City Council to opt out of the Medium Density Residential Standards. However, to do so, Auckland Council must allow greater housing and development around key stations benefitting from City Rail Link investment. 

Changes to heritage protections 

The new law also adjusts how heritage protections are managed under local plans. Councils now have a defined pathway to remove heritage listings, where buildings are in poor condition, are earthquake-prone, or economically unviable to maintain. Building owners must be consulted and Ministerial oversight applies when protections are removed via the SPP. 

This provision has already been used in Wellington, where the heritage listing on the Gordon Wilson Flats was removed to enable redevelopment.  

Enforcement and penalty overhaul 

Enforcement provisions have also been updated. Councils and the Environmental Protection Authority can now issue “preventative” abatement notices to stop likely breaches before they occur. Consent applicants must only provide information proportional to environmental risk, and draft consent conditions must be shared ahead of final decisions. 

Penalties have increased. Individuals now face fines of up to $1 million, and corporate offenders up to $10 million. These are the highest ever RMA fine thresholds, aligning with other regulatory regimes such as the Commerce Act. 

A pause on local plan changes 

Until 31 December 2027, councils are barred from initiating new RMA plan changes unless they support Government housing and infrastructure objectives. This pause is intended to stabilise planning rules during the transition to the new planning system, while also allowing the Government to intervene if existing plan provisions block development. 

The Minister can now recommend amending or removing restrictive district plan rules, where they are shown to conflict with public interest outcomes. Investigations and consultation are required before any change is made.