Fast Amendments to the Fast-track Approvals Act

The Government recently introduced changes to the Public Works Act 1981 which provide for additional compensation for landowners who have their land acquired by agreement for certain projects. These projects are generally roading projects, based on those listed in the Fast-track Approvals Act 2024 or are identified as Roads of National Significance. This will be of particular interest to local landowners who have land that will be used by NZTA for the Takitumu Northern Link - Stage 2 as this project is subject to the new compensation provisions and negotiations are already underway with landowners. The Public Works (Critical Infrastructure) Amendment Act 2025 was passed on 26 August 2025 and is designed to speed up the land acquisition process for critical projects where a designation is in place or applied, or a resource consent is obtained. The new provisions involve: Additional compensation as an incentive for landowners to reach agreement on land acquisition, being: Recognition payment: 5% of total land value up to a maximum of $92,000 to recognise the land is being taken for critical infrastructure; Incentive payment: 15% of the total value up to a maximum of $150,000 if the landowner reaches an agreement before the Minister or local authority serves a s 23 PWA notice (being the process to compulsorily acquire the land). The landowner must give vacant possession in order to receive the additional compensation. The vacant possession date is by agreement, or within one month of the Minister or local authority giving notice that vacant possession is required. Removal of the right of objection to the Environment Court for land that is taken for projects designated as critical infrastructure. Instead, a submission process is available where a landowner can make a submission to the Minister or local authority, with an opportunity to make a second submission following the Minister or local authority’s comments. The ability to object to the valuation tribunal for compensation remains. These provision also apply for critical infrastructure projects where negotiations are already underway. There are exceptions for Māori land and an ability for agencies to opt-out of the above process and use the standard PWA process. The key benefit of these changes is that landowners who are willing parties to land acquisition are able to obtain additional compensation (up to $242,000 depending on land value) if they reach early agreement with the Minister or local authority before it issues a s 23 PWA notice for compulsory acquisition. It is therefore important to approach negotiations for land acquisition for such projects with these timeframes in mind to avoid inadvertently missing out on increased compensation. There are further reforms expected to the PWA this year, including the requirement for compulsory mediation for compensation disputes, but these are not yet in force. If you have any questions on the Public Works Act 1981 or this article, please contact our public works specialists: Bridget Bailey, Natasha van der Wal and Hilary Anderson.

We are delighted to announce the promotion of five lawyers to Senior Associate in our Tauranga team. Partner John Mackay shares, ‘These promotions are testament to the quality of our lawyers and the continued growth of the firm. Holland Beckett now has over 70 lawyers across our Bay of Plenty offices and providing them with career progression and development is a key priority for us. These promotions over several key practice areas strengthen the leadership, capability and depth of our teams.’ Bridget Bailey – Resource Management Bridget advises on all aspects of resource management and local government law, with a particular focus on consenting infrastructure and renewable electricity projects under the RMA and fast-track processes. Bridget provides pragmatic and strategic advice to public and private clients and has appeared in the Environment Court, High Court and local authority proceedings, as well as being appointed as Chair of an expert consenting panel under the Covid-19 fast track legislation. Bridget is a member of the Auckland District Law Society Environmental and Resource Management Law Committee and the RMLA. She is also a committee member Mount Maunganui Playcentre. Bridget first joined the firm 2012. In 2020 she spent 3 years as in-house legal counsel for Bay of Plenty Regional Council. She rejoined Holland Beckett in June 2023. Hester Sutherland-Stacey – Property and Commercial Hester provides expert advice for developers, companies and individuals, with a focus on commercial property development. She advises on a range of property and commercial matters such as acquisitions and disposals of land and businesses; leasing; ownership structures; financing arrangements; and a range of commercial matters including terms of trade, construction contracts and service contracts. She also advises on all residential property matters from family homes to large scale subdivisions. Hester began her legal career working in employment law, civil and regulatory litigation. She joined Holland Beckett as a Solicitor in 2014 in the employment and civil litigation team, before transitioning into property and commercial law. Practicing in these areas provided a strong foundation in legal processes and the practical realities for people and business entities. Hester is a board member of ADAPT (Assisting Different Abilities Peoples Trust). Sophie Law – Employment and Family Sophie advises on a broad range of employment law matters, both contentious and non-contentious. Sophie has particular experience advising on personal grievance claims, disciplinary and performance processes, restructures, negotiated exits, employee investigations, and Holidays Act compliance issues. This includes assisting clients with representation in dispute resolution processes such as mediation and the Employment Relations Authority. Sophie also assists employer clients to implement proper and thorough processes and is focussed on upskilling clients through delivering bespoke training workshops. To complement her expertise in employment law, Sophie also works alongside our family law team advising on relationship property matters. Sophie began her legal career in London, including time at Magic Circle firm Slaughter and May. She joined Holland Beckett as a Solicitor in 2018. Sophie is a Trustee of He Kaupapa Kotahitanga Charitable Trust (HKKT). Jessica Fitzgerald – Corporate Jess has significant experience in a range of complex corporate matters including M&A, private equity, commercial contracts, corporate governance, and general corporate advice/structuring. She provides pragmatic results focused advice for corporate clients as well as small to medium sized businesses. She is a key team member for the firm\'s corporate clients, including Port of Tauranga, Robotics Plus and Oriens Capital. Jess first joined Holland Beckett in 2013, before moving to Vancouver, Canada, in 2016 where she worked in-house at a technology start-up primarily advising on the re-capitalisation of the company and technology contracts. Jess rejoined Holland Beckett in late 2018. Rachel Withington – Property and Commercial Rachel is an experienced property and commercial lawyer, working with private clients and their related entries across all facets of property and commercial law. A multi-disciplinary lawyer, Rachel has expertise is residential conveyancing, along with commercial, rural and horticultural conveyancing and leasing. She advises on asset protection including trust establishment, trust management and trust wind ups, and estate and succession planning. She also advises in elder law, including occupation right agreements, residential care subsidies and loans, reverse mortgages and enduring powers of attorney. Rachel advises commercial clients on sale and purchase of businesses, share sale and purchases, shareholders agreements and has specialist experience acting for Foodstuffs Members on the purchase and sale of New World, Four Square and PAK\'nSAVE stores throughout the country. Rachel began her legal career at Cooney Lees Morgan in 2014 where she worked for over 9 years, before joining Holland Beckett in early 2024. These promotions further strengthen the capabilities of Holland Beckett’s full-service team, which is set to move into new offices in October due to the growth of the firm. 

The RMA space continues to change with a constant flow of proposed reforms.  This article rounds up where things stand as at the end of July 2025. Resource Management Act 1991 The RMA remains in place, having already been amended last year through the Resource Management (Freshwater and Other Matters) Amendment Act 2024. The next round of amendments to the RMA will occur shortly, via the Resource Management Act (Consenting and Other Matters) Amendment Bill which is currently before Parliament.  The Environment Committee has reported back to Parliament on the Bill, and the Bill has passed its second reading. However, further changes are expected, with Minister Bishop announcing that an Amendment Paper will be introduced to Parliament which will stop plan reviews and changes by councils.  The Amendment Paper: Will exempt a limited number of plan changes. Examples of automatic exemptions include Streamlined Planning Processes and private plan changes (which are initiated by landowners and developers). Allow councils to apply to the Minister for the Environment for an exemption to continue or notify a new plan change. RMA replacement There is no further update at this stage on the proposed Planning Act and Natural Environment Act which are to replace the RMA.  At this stage, the available references are the Blueprint for resource management reform delivered to the Government in late 2025, and the Cabinet response paper. Minister Court has said that Government has been working tirelessly to shape up the new system for introduction by the end of the year, passing by mid-2026, and the bulk of implementation through 2027. National policy direction In early June the Government released its consultation on the national direction package comprising: Package 1: Infrastructure and Development Package 2: Primary Sector Package 3: Freshwater Submissions on that close on Sunday 27 July 2025. Package 4: Going for Housing Growth package was released later in June, and submissions on its proposals close on 17 August 2025. The policy changes are intended “to minimise the implementation burden for local government and have been developed with the new system in mind, with these changes expected to carry over and transition into it when the time comes” so the policy changes will be in force before the RMA replacement. Conclusion With so much change afoot, it\'s certainly a time for RMA users and practitioners to be agile.  If you have any questions or wish to discuss the RMA reforms, please get in touch with our resource management team.