Planning beyond the RMA: Five things planners should be doing right now

As the resource management landscape continues to evolve, so too has our team. Many of you will know members of our Environment and Planning team through existing projects and longstanding relationships with Holland Beckett. Led by Vanessa Hamm, our specialist team advises clients on resource management, environmental, local government and regulatory matters throughout New Zealand. We support clients across a broad range of sectors, including infrastructure, renewable energy, urban development, water, marine, primary industry and public sector projects. Our work spans strategic planning, consenting, plan processes, hearings, fast-track approvals, appeals, enforcement matters and litigation. As our team continues to grow, we wanted to share a few recent developments. Promotion to Senior Associate We are delighted to share the promotion of Laura Murphy to Senior Associate. Laura advises clients on a wide range of resource management and planning matters, both contentious and non-contentious. Her work includes plan processes and appeals, resource consent applications and appeals, enforcement matters, judicial review proceedings, development contributions, customary marine title claims, due diligence and local government matters. Since joining Holland Beckett in 2020, Laura has been involved in a number of significant projects throughout New Zealand and has become a highly regarded member of our team. She continues to make a valuable contribution to the profession as a member of the New Zealand Law Society Environmental Law Committee and Secretary of the Bay of Plenty Resource Management Law Association. We are pleased to recognise her contribution to the firm with this promotion. Promotions to Associate Alongside Laura, the firm has recognised the contributions of Cory Lipinski and Jemma Hollis with promotions to Associate. Cory advises public and private clients on matters including resource consents, fast-track approvals, enforcement proceedings, local government issues, plan changes, judicial reviews and large-scale due diligence projects. He has acted as lead counsel in Council and Department of Conservation hearings and as junior counsel in the High Court. Jemma brings a unique combination of specialist legal expertise and more than a decade of planning and policy experience. Her experience spans resource management and planning, public works acquisitions, local government processes, enforcement and legislative reform. She has appeared as counsel in the District Court, Environment Court, High Court and Supreme Court. Jemma is also actively involved in a number of professional organisations, including TLANZ Environment and Resource Management National Committee, the New Zealand Planning Institute and the Resource Management Law Association. You may also recognise Cory and Jemma as the winners of last year\'s Resource Management Law Association Junior Moot competition. Welcoming Sarah Eriksson We have recently welcomed Sarah Eriksson to the team as a Senior Associate. Sarah brings more than a decade of experience advising public and private sector clients on resource management, environmental, local government and regulatory matters. Her background includes major infrastructure, transport and development projects, together with valuable in-house commercial experience gained in Stockholm as in-house counsel for a global bio-packaging company. Sarah\'s experience in both private practice and in-house legal roles gives her a strong commercial perspective and a practical understanding of the challenges organisations face when making strategic decisions. Together with Bridget Bailey, Senior Associate, and Daniel Stankovich, Solicitor, these appointments and promotions reflect the depth of experience across our Environment and Planning team and our ongoing commitment to supporting clients through an increasingly complex regulatory environment. The RMA Replacement As many of you will be aware, the Government\'s replacement for the Resource Management Act is expected to be enacted in the next month. Our team regularly publishes updates and commentary on legislative reform, significant cases and other developments affecting the planning and environmental sector. You can find our latest insights on our website by visiting our News & Resources page and filtering by Environment & Planning. With significant reform of New Zealand\'s resource management framework on the horizon, we recognise that many clients are considering what the proposed changes may mean for their projects and future planning. If you have any questions about the proposed reforms, please get in touch with our team. Thank you for your continued support. We look forward to working with you in the months ahead.

The new Planning and Natural Environment Acts establish the architecture of the new resource management system, but National Policy Direction and National Standards will supply much of the operational detail. The Government’s illustrative National Policy Direction gives an early indication of the issues likely to matter across sectors. Illustrative National Policy Direction National Policy Direction is intended as the translator of the goals in the new Planning and Natural Environment Acts. They direct how the goals are to be achieved and how conflicts between them should be resolved. On 25 August 2026 the Ministry for Cities, Environment, Regions & Transport (MCERT) released an Illustrative National Policy Direction (Illustrative NPD). The Illustrative NPD is the Government’s early example of how National Policy Direction could look under the Acts. Five themes for the first package The Illustrative NPD is arranged around five themes: Housing and development; Infrastructure; Primary production; Resources (quarrying, mining, and waste); and Public values. This thematic structure suggests that the first operative direction may be organised around activities and outcomes rather than simply reproducing the current collection of national policy statements. Cross-cutting and system wide directives The Illustrative NPD includes ‘cross-cutting’ and ‘system-wide’ directives, although the distinction between the two is unclear. The directives are designed to apply broadly to the themes and deal with: Private property rights; Economic growth; Reverse sensitivity and land-use compatibility; Regional spatial plans; Avoiding unnecessary duplication; Decision-making on consents and permits; Te Ture Whaimana; Māori interests; and Natural hazard risk management. For applicants and councils, the interaction between these directives may be as important as the sector-specific content. Development may engage economic growth and property rights directions, for example, while also raising infrastructure compatibility, Māori interests or hazard issues. Competitive urban land markets A goal of the Planning Act 2026 is to enable competitive urban land markets through business and residential opportunities. The Illustrative NPD, rather than the Planning Act 2026, defines those markets as: “a market in which there is an abundant supply of developable land suitable for different uses such that land prices do not materially and persistently reflect premiums caused by constraints on land use.” The definition is likely to influence how urban capacity, zoning choices and constraints are evaluated. The eventual operative direction will determine what councils must do to demonstrate that their plans enable a genuinely competitive market. Natural hazard risk Long-term natural hazard constraints will be managed through regional spatial plans. Land-use plans must also not restrict infrastructure solely because it is exposed to natural hazard risks. Resilience to natural hazards should be addressed outside of the planning system, through asset management, design, and investment planning. This approach places importance on coordination between spatial planning, infrastructure providers, funding decisions and technical design, rather than expecting regulation through land use plans to carry the full burden. Infrastructure Infrastructure is acknowledged as an enabler of economic growth, community wellbeing, and energy security and resilience through permissive directives. This is inclusive of direction for planning instruments to provide for the operation, maintenance, renewal, upgrading and development of infrastructure, while recognising its functional and operational needs to locate in certain areas. Primary production and the rural economy The farming and rural economy directives seek to protect and enable primary production activities by recognising their importance to New Zealand’s economy and export sector. The directives focus on maintaining productive rural land, supporting the ongoing operation and development of farming activities, and reducing planning constraints that could undermine rural productivity, while also recognising the need to manage natural hazards and other environmental considerations. Feedback closes on 16 October 2026 The Illustrative National Policy Direction is not legally binding, but it provides an early opportunity to test the direction and workability of the new system. Feedback is open until 16 October 2026. Organisations should consider whether the illustrative direction adequately recognises their activities, whether the cross-cutting directives are clear, and whether the proposed division between planning controls and non-planning tools is workable. If you would like assistance reviewing the illustrative direction or preparing feedback, please contact Holland Beckett’s Environment and Planning team.

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.