The RMA is Dead: 10 Things to Know About the New Planning System

by Simon Peirce
Associate

10 December 2025

On 9 December 2025, the New Zealand Government introduced the most significant planning law changes in a generation: the Planning Bill and the Natural Environment Bill. These two bills mark the definitive end of the Resource Management Act 1991 (RMA).

The rules of the game are set to change significantly. We are analysing the new Bills to understand their implications for the future of resource management and help you navigate this shift.

The purpose of this article is to give you a high-level overview of the top 10 things you need to know right now. Of course, there is much more to know about this new system, so stay tuned for our future articles where we will dive into more detail on those changes, prior to the Bills becoming law later in 2026.

1. The RMA is Dead: A Split System

The "integrated" management approach of the RMA has been discarded. It is being replaced by two distinct statutes with competing purposes:

  • The Planning Bill: Focuses on enabling development, housing, and infrastructure.
  • The Natural Environment Bill: Focuses on environmental protection and setting hard limits.

This separation is designed to stop the "balancing act" that slowed down decision-making, creating faster, clearer lanes for development.

2. Property Rights Are Now the Priority

The new system introduces a statutory presumption in favour of private property rights. The Planning Bill aims to "restore the freedom for New Zealanders to use their land”, moving away from the premise that you need permission for every activity. If an activity does not harm others, the system will presume it can proceed.

3. Regulatory Relief for “Significant Burden” of Regulation

In a first for New Zealand planning law, councils will be required to provide regulatory relief to landowners if planning rules (like Significant Natural Areas or heritage listings) impose a "significant burden" on their property.

Regulatory relief may take the form of rates rebates, “bonus” development rights, no-fee consents, land swaps or cash compensation. Councils' approach to evidence-based protection is now fundamentally changing to include a financial risk element, likely dissuading protection. Voluntary incentives will also empower councils to encourage landowners to protect their land.

4. Mayors Take Charge of Regional Planning

This announcement builds on the recent local government announcement which would see the regulatory function of Regional Councillors shift to new proposed Combined Territories Boards (CTBs). These boards, expected to be comprised of local Mayors, will be responsible for creating the planning rules for their entire region. This moves decision-making from environmental regulators to elected community leaders focused on city growth and infrastructure.

5. 100 Plans Become 17

The 100-plus District Plans and Regional Policy Statements will be replaced by just 17 Regional Combined Plans (one for each region). If you thought it was that simple; it isn’t. Each Regional Combined Plan will comprise:

One Regional Spatial Plan that sets strategic direction for development and investment for the region over 30 years.

Land-use plans for each district or city to “enable the use and development of land while regulating adverse effects”. These plans will operate similarly to District Plans under the RMA. So for example, Otago will have land-use plans for Clutha, Dunedin, Waitaki, Queenstown, and Central Otago.

Natural environment plans which “Apply rules to ensure natural resource use is within environmental limits”. Think of this as a replacement of Regional Plans under the RMA.

Land-use and natural environment plans will also set rules for “well understood” and low-risk permitted activities.

6. Housing Growth is Set to Grow

The Government’s "Going for Housing Growth" policy will be baked into the law. National instruments (which are set to follow this announcement) will require Tier 1 and 2 councils to meet housing growth targets to make sure those councils free up an abundance of capacity for new homes.

Councils will be able to zone land in advance of delivering infrastructure with development to be triggered once certain conditions are met. This will operate similar to a “Transitional Zone”. National Direction proposes to remove artificial constraints on city expansion, opening up the urban fringe for development.

7. Farmers Get a "Permitted Activity" Boost

For the rural sector, the reform promises to halve the number of resource consents required. Many routine farming activities will move to a "permitted" status (no consent needed) provided they comply with a certified Freshwater Farm Plan which will be a core tool in the new system.

8. Your Consents Just Got Extended

To ease the burden associated with the transition from the RMA to the new system, the Government has introduced the Resource Management (Duration of Consents) Amendment Bill.

This Bill automatically extends most resource consents that would otherwise expire before 31 December 2027. The wider reform package then proposes to push these terms out further to approximately 2031 (being two years following the end of the transition period). For farmers in Otago on short term water permits, or hydro-electricity generators, this is likely to be a major win for simplifying the transitional period. Note that the automatic extension applies up to a maximum of 35 years for a consent.

9. National Direction to Rule Them All

The era of each council reinventing the wheel is ending. The Government has signalled that "National Standards" and national policy direction will be finalised within nine months of the Bills passing. These central rules will override local variations, forcing standardisation across the country.

10. The Start of the End for the RMA

The transitional period to replace the RMA with the new system is proposed over a four-year period:

  • Mid-2026: The Bills are passed into law; the transition period begins.
  • Late 2026 / early 2027: National policy direction to be finalised. Mandatory national standards to be delivered in stages and aligned with council plan-making needs.
  • 2027 to 2028: Councils (or possibly CTBs) to notify Regional Spatial Plans (identifying growth areas and infrastructure).
  • 2028 to 2029: Natural Environment and Land Use Plans to be notified within 9 months of regional spatial plan decisions.
  • 2029: The transition period ends once all plans have been notified. At that point, the plans have “legal effect” and consenting will be required to be carried out under the new system.

Conclusion

As we prepare for these changes, it is impossible to ignore the political reality. We have been here before.

In August 2023, the previous Government passed the Natural and Built Environment Act, only for it to be repealed by Christmas following the change of government. With the current Government aiming to pass these new Bills in 2026 (an election year) there is a distinct risk that history could repeat itself.

Without bipartisan support, and if there is a change of government, then this new system could be scrapped before it even becomes operative, continuing the environmental regulation limbo we have been in for a couple of years now.

For now, we recommend that you position yourself or your business for the law as proposed, albeit keeping an eye on the political horizon.

Disclaimer: This article is general in nature and is not to be used as a substitute for legal advice. No liability is assumed by Gallaway Cook Allan or individual solicitors at Gallaway Cook Allan regarding any person or organisation relying directly or indirectly on information published on this website. If you need help in relation to any legal matter, we recommend you see a qualified legal professional.