Back from the ashes – the return of the Resource Management Act 1991

Environment & Planning
Dec 20 2023

The coalition government has followed through on its promise to repeal the Natural and Built Environment Act 2023 (NBA) and the Spatial Planning Act 2023 (SPA) before Christmas. On 19 December 2023 the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Bill (Repeal Bill) was introduced to Parliament under urgency and has simultaneously passed through its first, second and third readings. It is anticipated that royal assent will be given before Christmas.

There has been criticism regarding the urgency of the Repeal Bill as there has been no opportunity to comment on it before it has been given royal assent.

The Repeal Bill repeals both the NBA and the SPA and will see a return to the Resource Management Act 1991 (RMA).

However, to avoid unnecessary disruption through the repeal process a limited number of functions in the NBA are being retained, notably the NBA’s fast-track consenting process.

Whilst the Repeal Bill is retaining the fast track consenting process, the government has indicated that it will work to develop and introduce its own fast-track consenting regime as part of its “100 day plan”. What shape and form this regime is to take is yet to be determined.

Existing and new fast-track applications are able to be processed in accordance with the fast-track provisions (Part 2 of Schedule 10) in the NBA throughout this transition period. However, these provisions will need to be treated as if they were subject to the purpose and principles contained in Part 2 of the RMA.

Treaty settlement arrangements reached between iwi and the Crown are also be protected through the repeal and any future resource management reform processes.

The government has indicated that repealing the NBA and the SPA is the first step towards its commitment to reforming Aotearoa’s resource management towards a more efficient and streamlined system.

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