Ready or not, here it comes – resource consenting is on the move.
The RMA’s replacement Planning and Natural Environment Bills are expected to be enacted as early as September 2026. Below, we delve into some of the Select Committee’s recommendations on transitional provisions.
The transition period
The new regime will be introduced in stages through a “transition period”. The transition period will begin with amendments to the RMA, and the amended RMA will continue to operate while the transition occurs. The RMA amendments will be in force one month after enactment – around October 2026.
The rest of the transition period will progress in three tranches:
- 2026: National direction changes (and RMA amendments).
- 2027: Early application of new Initial National Rules.
- Mid 2027: Establishment of the Planning Tribunal.
Resource consents lodged prior to the start of the transition period will be processed under the RMA as it was just prior to the Planning Bill becoming law, whereas resource consents lodged during the transition period will be processed under the RMA as in force at the time the application is lodged – which will include the new Initial National Rules (discussed below).
What changes for applicants?
One of the most immediate and practical changes is to the factors councils must assess when deciding resource consent applications. From October 2026, the new s 104 RMA will prevent consent authorities from considering certain matters, including:
- Views from private property;
- The financial viability of or demand for a project;
- Internal (and certain external) layouts of a building;
- The type of residents to be housed in a new development;
- Negative trade and competition effects; and
- Effects on retail distribution.
Councils may amend their district and regional plans to remove or modify these ‘out of scope’ matters, but this is not a requirement.
Alongside this, a new alternative permitted activity pathway will be introduced for land use activities. Projects with marginal or temporary non-compliances with a rule or standard relating to an ‘out of scope’ matter will be a permitted activity.
From October 2026, Councils will also be expected to apply new procedural principles when processing applications — they must take all practicable steps to operate in a timely, cost-efficient, proportionate and pragmatic manner.
From 2027 Initial National Rules will apply across the country. The Initial National Rules will introduce new ‘system standards’ which can be applied early under the RMA. Where there is a conflict, the Initial National Rules will override existing National Environmental Standards.
Also of note are changes to the RMA to prevent private plan changes from being notified by local authorities between 1 January 2028 and the end of the transition period (i.e. after 2030), unless exempt by application to the Minister.
The return of the Planning Tribunal
From mid 2027 the Planning Tribunal will be live as a division of the Environment Court. The Tribunal will become the decision maker for lower level disputes and matters, such as reviewing local authorities’ decisions on application completeness and strike out of submissions, as well as decision making on existing use rights and declarations on conditions interpretation.
Substantive appeals on plans and consent applications and significant matters will continue to be heard by the Environment Court.
Enforcement provisions roll through
Existing compliance and enforcement provisions will carry on through the transition period. Of note is the new adverse publicity order tool, which is on track to come into force from September 2026. The adverse publicity order is a ‘name and shame’ tool, and gives the Environment Court the power to require a person convicted of an offence to publicise the offence, the impact on the environment or health, and any penalties imposed.
These changes will be of interest to businesses, landowners, planners and developers alike. At Holland Beckett we are closely monitoring the progress of these reforms and their implications. However these reforms affect you, our specialist environment and planning team is available to assist.
Vanessa Hamm
Tauranga
Daniel Stankovich
Tauranga
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