National Direction under the new resource management system: the Illustrative NPD

The replacement Acts have passed, but the Resource Management Act 1991 has not disappeared overnight. A staged transition will operate while national direction, standards and regional plans are developed. The RMA remains in force for now The Planning Act 2026 and Natural Environment Act 2026 have had their third reading and are due to receive royal assent shortly. However, they are not yet fully operative. The RMA continues to apply during the transition period, although it will be significantly amended as the new system is progressively introduced. The transition begins one month after Royal assent and is expected to run for more than three years if the statutory deliverables proceed without extensions. During that period, applicants, councils and other participants will need to work across both the amended RMA and the emerging replacement framework. The transition timetable and the roll out of the new system Despite the Acts passing into law they are not yet fully operative, and the RMA continues to be in force (albeit with significant amendments). The transition period, from Royal assent to full RMA repeal, has been further clarified by the Acts, which we have summarised below: Sep 2026 — Royal Assent — Planning Act 2026 and Natural Environment Act 2026 become law. Oct 2026 — Transition period begins — Commences one month after the Acts receive royal assent. Sep 2027 — National Policy Direction & National Standards — NPS and first tranche of NS issued (structure & form of RPSs). Mar 2028 — National Standards — Second tranche of National Standards issued (human & ecosystem health limits). Jun 2028 — National Standards & Regional Spatial Plans — RPSs notified. Third tranche of NS issued (standardised LUP/NEP provisions). Mar 2029 — Regional Spatial Plans (RSPs) — Within 9 months following their notification, a decision must be made on RSPs. Dec 2029 — Draft NEPs & LUPs — Once NEPs & LUPs are notified, Order in Council is made repealing RMA, ending the transitional period. The new Acts are then fully in force. Early 2030 — RMA repealed — Once NEPs & LUPs are notified, Order in Council is made repealing RMA, ending the transitional period. The new Acts are then fully in force. Overall duration from royal assent to RMA repeal is ~3.25+ years The new regime will be implemented from the top down. The Acts establish the goals and statutory framework. National Policy Direction will then explain how the goals are to be achieved and how conflicts between them should be resolved. National standards will provide more detailed and nationally consistent rules, processes and methodologies. During the transition period, Initial National Standards may be introduced before the RMA is fully repealed. They may identify national rules or other content relevant to RMA decision-making and may override existing national or regional policy statements, national environmental standards, and operative or proposed plans where there is conflict or duplication. The national instruments will inform the preparation of combined regional planning frameworks. Each region will move towards: a regional spatial plan providing long-term strategic direction for development, infrastructure and investment; land use plans regulating land use and development; and a natural environment plan regulating the use and protection of natural resources. The result will be a staged rollout rather than an immediate replacement of the existing system. The RMA will continue to operate during the transition, subject to amendments and any Initial National Standards, while national direction, regional spatial plans and the new regulatory plans are developed. Early national rules may override existing instruments Initial National Standards allow parts of the new system to be introduced before full RMA repeal. They may identify national rules or other content relevant to RMA decision-making. Where there is conflict or duplication, an Initial National Standard may override existing national or regional policy statements, the New Zealand Coastal Policy Statement, national environmental standards, and operative or proposed plans. Applicants and councils will therefore need to check both the familiar RMA instruments and any new transition instruments. What happens to existing resource consents? Existing RMA consents and permits will continue to be dealt with under the RMA until such time as the transition period ends. At that time, those consents and permits will automatically be treated as their new system equivalents under the Acts. What happens to resource consent applications? Timing will matter. Applications lodged before the transition period are to be processed under the RMA as it stood immediately before the Acts became law. Applications lodged during the transition will be processed under the RMA as in force when they are lodged, including any Initial National Standards then applying. This means two similar applications lodged at different times may be assessed under different versions of the RMA and different national rules. Applicants should consider the legal and strategic implications of lodgement timing rather than assuming the current framework will remain static. Practical steps Practical steps that should be considered as we move into and through the transition period include: Review the likely timing of any consent application, plan change or designation against the transition timetable. Monitor National Policy Direction and Initial National Standards relevant to your sector or project. Identify where existing plan provisions may conflict with or be displaced by new national rules. Prepare evidence and technical work so it can respond to both the amended RMA and the developing new framework. Engage early in regional spatial planning because it will shape the later regulatory plans. If you are considering an application or project during the transition period, Holland Beckett’s Environment and Planning team can advise on the applicable regime and timing risks.

The Planning Act and Natural Environment Act are now law, and the Resource Management Act 1991 (RMA) is one step closer to its second repeal in less than a decade. But what’s changed since the Acts were introduced back in December 2025? For an outline of those original proposals you can read our earlier articles on the Acts’ structure and framework and changes to the consenting process. What has stayed the same? The new Acts retain the proposed hierarchy of planning instruments. At the top sit the statutory goals, followed by National Policy Direction and national standards. Regional spatial plans, land use plans and natural environment plans then translate that national direction into regional and local decision-making. The structure matters because each lower-tier instrument must implement the direction above it. The practical detail will therefore sit not only in the Acts, but also in the national instruments and the combined regional plans developed under them. Refined goals under each Act Both Acts set different overarching goals intended to achieve the purpose of those Acts. Since their introduction the goals have been slightly amended: Planning Act: urban development and infrastructure is to be “enabled” rather than planned and provided for; natural hazard risks are now tied to land use and development. Natural Environment Act: new goal to “support and enable the enhancement of the natural environment”; reference to “within environmental limits” is removed from the goal enabling use and development of natural resources; “no net loss” of indigenous biodiversity is replaced with protection of “significant” indigenous biodiversity; natural hazard risks are now tied to use and protection of natural resources. There remains no hierarchy between the goals in each Act, meaning all are equally important. However, the Acts were amended to record that each key instrument is not required to seek to achieve all goals in all places at all times. National standards The final Acts give more direction to the content of national standards. They may direct how land use and natural resources are managed and how local authorities must make decisions and use processes and methodologies. They may also direct what is to be included in land use, natural environment, and regional spatial plans and further measuring, monitoring, and reporting requirements. National standards may create national rules which further dictate how lower-tiered plans should approach different activities. Following the report of the Select Committee was the introduction of Initial National Standards. These can be implemented during the transition period (between Royal assent and RMA repeal) as an early adoption of the new system. Those standards: May identify national rules or other content as relevant to RMA decision-making; and Will override national or regional policy statements, New Zealand coastal policy statements, national environmental standards, and a plan or proposed plan where there is conflict or duplication. Transitional consenting The Acts provide for an approximate 3.25 year transition period for the new system to roll out. For an outline of the process for transitioning to the new system you can read our article on the transition framework contained within the Acts here. Applications lodged during that transition period will be processed under the RMA, albeit a version that is amended by Acts which include changes to s 104 to restrict consent authorities from considering certain matters. Those provisions have been amended further to particularise the restriction on considering internal (and certain external) layouts of a building, by specifically excluding consideration of: the presence, absence, nature, or extent of windows in relation to street, balconies, or outdoor living space; the internal fit-out; the minimum unit size; the outlook space; and landscaped areas for the construction of a building (except in relation to permeability). Also, the ability for resource consent applications to be publicly notified in ‘special circumstances’ has been removed. New procedural principles will also be in play that require decision makers to act in a pragmatic way that supports practical solutions, ensures documents are succinct and use plain language, and ensures sufficient and necessary information is available and before further information is requested they consider the cost and feasibility of obtaining such information and the scale and significance of the matter to which their decision relates. Regulatory relief remains The final Acts retain the regulatory relief framework despite significant opposition during the Select Committee process. The framework recognises that controls protecting matters such as indigenous biodiversity, significant historic heritage, sites of significance to Māori, outstanding natural features and landscapes, and areas of high natural character may impose more than minor impacts on private landowners. The detail of the available relief, and when it will be required, will be important for councils and affected landowners as new plans are prepared. What now? The new framework is enacted, but much of its practical effect will depend on National Policy Direction, national standards and the preparation of regional plans. Businesses, infrastructure providers, developers, primary producers and landowners should identify which national and regional instruments matter to their activities and engage early where consultation opportunities arise. For an outline of the proposals as introduced, see our earlier article on the structure and framework here. If you would like advice on how the new framework may affect your land, project or operations, please contact Holland Beckett’s Environment and Planning team.

Holland Beckett is pleased to announce the promotion of Laura Murphy, Katherine Dyer and Katie Brown to Senior Associate. Senior Associates L-R: Katie Brown, Katherine Dyer, Laura Murphy “The number and breadth of this year’s promotions reflect the depth of talent across Holland Beckett and the strength of the service we provide to our clients,” says Sam Tabak, Partner. “Each of these lawyers has demonstrated expertise, leadership and dedication, along with a clear ability to add value for clients, colleagues and communities. We are proud to recognise their achievements and look forward to seeing them develop as leaders within Holland Beckett and the wider profession.” Laura Murphy Senior Associate – Environment and Planning Laura has been an integral member of Holland Beckett\'s Environment and Planning team since 2020. Laura advises clients on complex resource management matters, including consenting processes, planning matters, designations, enforcement proceedings, and major infrastructure and development projects. Raised in Tauranga and proud to practise in the Bay of Plenty, Laura has acted on significant projects, including fast track and direct referral applications, planning appeals, and Marine and Coastal Area Act proceedings. Laura holds an LLB (First Class Honours) and BA from Victoria University of Wellington and is actively involved in the profession as a member of the New Zealand Law Society’s Environmental Law Committee and secretary of the Bay of Plenty Resource Management Law Association. Katherine Dyer Senior Associate – Family Law Katherine joined Holland Beckett in 2016 and has built her entire legal career with the firm. Based in Tauranga, Katherine advises clients on a broad range of family law matters, with particular expertise in relationship property disputes, contracting out and asset protection arrangements, care of children matters, family violence proceedings, Protection of Personal and Property Rights Act applications, and estate and family protection claims. An experienced advocate who regularly appears in the Family Court and has acted in High Court appeals, Katherine combines strong advocacy with an empathetic approach to help clients navigate challenging circumstances and work towards enduring outcomes. Katherine completed an LLB (Honours) and BA at the University of Auckland before beginning her career with Holland Beckett. Alongside her legal career, Katherine serves the community as volunteer field team leader and Group Secretary for Tauranga Land Search and Rescue. Katie Brown Senior Associate – Family Law Katie joined Holland Beckett in 2025, bringing more than a decade of family law experience. Her promotion to Senior Associate reflects the significant contribution she has already made to the firm and its clients. Katie advises and represents clients across a broad range of family law matters including relationship property, contracting out agreements, parenting and guardianship disputes, family violence proceedings, and applications under the Protection of Personal and Property Rights Act 1988. After completing an LLB and BA at the University of Canterbury, Katie began her legal career in Christchurch before returning home to Tauranga. Drawing on extensive experience, she is known for her clear communication and sound guidance through complex and sensitive family law matters.