Replacement to the Resource Management Act 1991
Changes to Council Planning – RMA Reform
The Resource Management Act 1991 will be replaced with two new acts, over the next 3 years, that clearly distinguish between land-use planning and natural resource management.
What are the two new Acts?
The Planning Act
Establishes a new framework for planning and regulating the use and development of land. Its framework includes national instruments, regional spatial plans, land-use plans and planning consents.
The Natural Environment Act
The Natural Environment Act establishes the framework for managing natural resources and the natural environment. Its framework includes environmental limits, national instruments, natural environment plans and natural resource permits.
The new planning system will be introduced in stages over the next few years.
A transitional consenting framework will begin on 30 October 2026. From that point, amendments to the RMA will bring some elements of the new consenting framework into effect.
The new planning system is expected to be fully in place by 2030.
What does the transition period mean?
Transitional provisions under the Planning Act 2026 will apply from Monday 30 October 2026 while the new planning system is being introduced. These provisions include some amendments to the Resource Management Act (RMA), that will apply in the meantime.
Tararua District Council will continue to process resource consent applications under the RMA, and the transitional provisions, while the new planning system is developed.
The amended RMA will stay in place until all councils have prepared and notified their new Land Use Plans to replace existing District Plans, which is expected to be in around four years’ time. The new planning system will then take over from the RMA.
How will this affect resource consent applications?
From 30 October 2026, the Council must not consider the matters listed in section 104(1A) when assessing some land use resource consent applications.
This means some activities may:
- no longer need resource consent
- need less information as part of an application
- be assessed differently than before.
More specifically, for residential activities, council must not consider effects relating to:
- windows or window area
- balconies
- outdoor living space
- internal layout
- dwelling size
- landscaped area size, except where it affects permeability.
Outside of the above matters, Council must also not consider (for all activities):
- effects on trade competition
- effects on retail distribution
- whether there is demand for a project
- whether a project is financially viable
- the type of residents who may live in a development
- views from private property.
These changes apply to district planning rules in the Operative Tararua District Plan. In particular:
- Part 5.4 – Amenity Standards of the plan
- Discretionary assessments of resource consents under Part 4 of the plan
Ultimately, the new provisions limit what council can consider when assessing effects under new resource consent applications.
Current Consent Information:
Summary of other key changes to the RMA
The key changes to the RMA for resource consents are:
- Additional procedural principles – new s18B
- These apply to resource consent assessments and decisions, and include cost efficiency, timeliness, succinctness, use of plain language, and being pragmatic and solution focused. Actions must be proportionate to the scale and significance of the matter.
We’ll be reviewing our current processes and documents over the coming weeks to make sure the way we work aligns with these principles.
- New permitted activity notice for out-of-scope matters – new s104AA
- Where proposals only breach rules that are out of scope under the new s104(1A), the Council will be able to issue a s104AA notice stating that the activity is permitted and doesn’t need a resource consent. This notice has a 5-year lapse period.
- For building consent applications, we’ll include it in the PIM / development report.
- If resource consent applications are submitted for only these rules, we’ll issue a permitted activity notice instead.
- Where proposals only breach rules that are out of scope under the new s104(1A), the Council will be able to issue a s104AA notice stating that the activity is permitted and doesn’t need a resource consent. This notice has a 5-year lapse period.
- Removal of the special circumstances test for public notification – s95A(9)
- Council can no longer use ‘special circumstances’ under the RMA to publicly notify a resource consent.
What does this mean for existing resource consents?
Existing resource consents remain valid. You must continue to comply with all current consent conditions.
The changes may impact when some consents or approvals expire. If you are unsure how the changes affect your consent, please contact Council .
Some consent holders might want to amend granted consents in light of rules becoming out of scope.
You’ll be able to apply under s127 (RMA) to amend the approved plans or cancel conditions if you wish. Our existing s127 process should be used.
What happens if you have already lodged an application?
Applications already submitted to Council will continue to be assessed under the rules that applied when they were submitted.
If you are considering changing or withdrawing your application, seek independent planning advice before making a decision.
Please note: Applicants will still be responsible for the processing costs of withdrawn applications, but we’re making the re-application process as simple as possible. All you’ll need to do is:
- Ask the processing planner for your application to be withdrawn and re-lodged using the same documents already provided, or replacement documents if you want to amend the application.
- Identify the affects you believe are out of scope, and the corresponding provisions of the District Plan.
The application will be given a new RMA number and the processing clock will restart, but you won’t need to pay another deposit – we’ll invoice the cost of both the original and new applications together at the end.
What does this mean for my building consent?
Building consent will no longer need to be assessed against the provisions that are out of scope under the new s104(1A), instead the Council will be able to issue a s104AA notice stating that the activity is permitted and doesn’t need a resource consent. This notice has a five-year lapse period.
If you want to amend your issued building consent plans, you’ll need to apply for a variation or amendment to your building consent in the usual way. If you already have just a PIM and want to amend your plans, you’ll need to apply for a new PIM.
More information
- Planning.govt.nz
The New Zealand Government's central website for information, guidance, implementation updates and resources on the new planning system.
This is a great place for planning practitioners or other development sector professionals to familiarise yourself with the information. It also has dates for national workshops and webinars.
- New Zealand Legislation
Website where you will find legislation sets including the amended RMA, and new Planning Act and the National Environment Act.
Contact Council for more information about resource consent requirements.
If you need advice about your situation, contact our planning team at planning@tararuadc.govt.nz or get independent planning or legal advice.