The enjoyment of private property rights

Replacing the RMA is underway with the enjoyment of private property rights as a guiding principle. Minister Chris Bishop stated in a March 2025 Cabinet Paper:

Change is needed to ensure the resource management system better enables growth and development and better respects private property rights within the framework of a market economy, while also improving environmental outcomes.

In a market economy, competition, free trade, private property, and minimal government interference are key.

The replacement legislation is set to be operative by the end of 2027, with clear signals from the government that landowners and developers will be able to do more with their land, more easily. As a stepping stone to change, the Government recently enacted the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (the Amendment Act), which is part of a wider programme of resource management reform. For landowners and property developers, the “system improvement package” theme in the new amendment act will be of most interest.

The system improvements package includes the “Plan Stop” amendment. “Plan Stop”, stops Council’s carrying out some Plan Making while the replacement for the RMA is advanced. This excludes private plan changes. The system improvements package also provides consenting efficiencies, for example:

Applicants are only required to provide information that is proportionate to the effects of the proposal on the environment. Consent authorities have the discretion to accept resource consent applications even if they are technically incomplete, but the information provided is proportionate to the scale and significance of the effects on the environment. Proposals with few or no effects could mean less comprehensive applications, with time and cost savings for applicants.

Consent authorities’ ability to request further information is clarified. The consent authority must consider whether it needs the information to be able to assess the application, and any information requested is proportionate to the scale and significance of the effects the activity may have on the environment. Proposals with few or no effects could mean no or fewer and less complex requests for further information with time and cost savings.

Applicants’ right to review draft consent conditions is enabled. Applicants are allowed a single opportunity to request a copy of any draft conditions before the consent authority issues its decisions. Previously, reviewing draft conditions was considered “best practice”. Now it is a “right”.

It is clear that the Government’s intention with the Amendment Act is to reduce the information burden on applicants; while also providing applicants with an important right to review the conditions they must legally abide by once their consent has been approved. What is less clear is how neighbours, who also wish to enjoy their private property, will be protected under the new legislation, or how environmental outcomes will be improved. As we saw with the previous government's proposed plans, the devil is always in the detail.

If you need help understanding the conditions of your consent, or to understand how these changes may affect you, give Baseline Group a call on 0800 254 123.