Two new laws will replace the Resource Management Act, with Chris Bishop promising a ‘radical transition’ and fewer barriers to development, writes Catherine McGregor in today’s extract from The Bulletin.
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RMA on the scrapheap – again
“Mad”, “bizarre”, “foolish”: just some of the words Auckland mayor Wayne Brown used in the Sunday Star-Times (paywalled) this weekend to describe the rejection of a proposed $100 million office building on Karangahape Rd, partly due to its failure to meet the requirements of the Resource Management Act. RMA reform minister Chris Bishop said the decision was “indefensible and nuts, and makes me even more determined to ensure our RMA stops such nonsense”.
On Monday, the government unveiled its long-anticipated plan to do just that, involving replacing the RMA with two new laws: the Planning Act and the Natural Environment Act. The reforms, described by Bishop as a “radical transition to a far more liberal planning system”, will presume a land use is allowed unless it significantly affects others’ property rights or damages the natural environment. Aspects like internal layouts and private balconies will no longer trigger regulatory hurdles if they don’t impact neighbours. A suite of other changes include stronger environmental enforcement via a new national regulator, combined spatial plans for each region, and expanded permitted activities for landowners.
Zones, zones for days
Zoning is also set for a shake-up. “Across New Zealand there are 1175 different kinds of zones. In the entirety of Japan, which uses standardised zoning, there are 13,” said Bishop, adding that it made no sense that height limits could be eight metres in Kāpiti but nine in Dunedin. The government’s plan is to standardise zoning rules across the country, aiming to streamline planning processes, cut compliance costs and let councils focus on where development should happen rather than on technical detail.
A winding route to RMA reform
RMA reform was also a preoccupation of the previous Labour government. In 2023 it passed its own replacement legislation, only to see it repealed by the new coalition government four months later. In the meantime, the country has reverted to the original 1991 law. Bishop first outlined the principles behind the new system last September, and an expert advisory group has since produced the blueprint now approved by cabinet. The government says its reforms will deliver a 45% reduction in compliance and administrative costs – compared to 7% under Labour’s model. “The RMA is broken and everyone knows it,” Bishop said in a media release accompanying the announcement. “It makes it too hard to build the infrastructure and houses New Zealand desperately needs.”
The road ahead
The government wants to introduce legislation by the end of the year, have it passed before the 2026 election, and ready for councils’ 2027 long-term plans. Critics think that’s far too fast. “I would say the time frames are very worrying,” Forest & Bird’s general counsel Erica Toleman told RNZ last year. “Rushing lawmaking, especially lawmaking that will affect us for generations and our environment for generations, is not a good idea.”
Bishop said the government would seek cross-party backing by reaching out to Opposition parties “in good faith”. Labour leader Chris Hipkins didn’t exactly sound in the mood to play nice. While he acknowledged the need for stability, he added “the last time we extended the hand of bipartisanship to the National Party they took a dump on it.” Whether that quote ends up in the footnotes of a future planning act remains to be seen.