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Back to Basics for the RMA Reforms

By Anna Bensemann, Senior Planner, Baseline Group, Ph 0800 254 123 E: info@blg.nz | Nov 22, 2024

The Government is in the process of reforming the RMA, with a key focus on getting back to basics, in an effort to reduce the number of resource consents required and the costs of dispute resolution. In a recent cabinet paper, Minister Chris Bishop outlined a plan to reform the Resource Management Act, citing the current legislation as no longer ‘fit for purpose’.

The paper signals positive changes for landowners and private property rights, however as we saw with the previous governments proposed plans, the devil is always in the detail. Minister Bishop seeks to learn from the approach of the Labour Government’s Natural and Built Environment Legislation, which was repealed last year. Minister Bishop is aiming for a smoother transition to the new legislation by retaining existing terminology and concepts, so that established case law can still be relied upon.

For landowners, the reforms indicate that certain common land practices will be codified, and more activities will be permitted by default. However, councils will impose stricter compliance standards and monitoring to ensure adherence. Heavier penalties are likely to be imposed should any party step outside the permitted framework. This will place greater emphasis on land developers fully understanding what the permitted limits are and interpreting them consistent with council expectations.

One clear proposed change is to narrow the scope of council control over land developments. As Minister Bishop stated in the Cabinet paper:

“I do not believe that councils should be able to use resource management to require balconies and private open spaces for houses, dictate the colour of houses, apply blanket “special character” protection in urban areas, regulate internal aspects of buildings, or manage greenhouse gas emissions, among other things.”

This signals the clear move away from what has traditionally been labelled ‘amenity values’—features of urban environments that contribute to residents' quality of life—shifting instead towards private property rights to support land development.

The Cabinet paper also proposes to simplify the rezoning process, limit appeal rights, and reduce the ability to mandate ‘gold-plated’ infrastructure solutions. Additionally, the reforms aim to reduce the ability for infrastructure providers to limit access of new development to infrastructure, because it will increase the demand on that infrastructure.

The cabinet paper clearly signals change for the land development industry and for individual landowners to achieve greater intensification of development to appease the housing crisis. How the legislation is developed and implemented will be critical in determining its success. Without buy-in from councils, iwi partners, and the wider public, implementation could face significant challenges. However, the goal of reducing costs and time delays in land development, if successfully implemented, has the potential to create more efficient housing solutions to meet current demand.

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