From enactment to repeal: transition from the RMA to the new planning & natural environment system

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• Early 2030 — RMA repealed — Once NEPs & LUPs are notified, Order in Council is made repealing RMA, ending the transitional period.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.