New RMA rules tighten hazard controls for urban development

New Zealand’s planning system is in a state of change with a replacement to the RMA on its way. Changes to our current provisions have occurred to feed into the replacement legislation and the Government recently introduced the Resource Management (Consenting and Other System Changes) Amendment Act 2025. The law, which took effect in August, includes a new section 106A giving councils stronger powers to control development in areas at risk from natural hazards. The changes reflect the growing impact of climate change and extreme weather events, and they are expected to significantly influence how towns and cities expand.

Section 106A allows councils to refuse or condition land use consents where a proposed development would create a significant hazard risk, increase an existing risk to a significant level, or worsen an already significant risk. In making these decisions, councils must consider the likelihood of hazards occurring, the damage they could cause to land and structures, and the effects on people’s health and safety. While certain infrastructure and primary production projects are exempt, the rules apply directly to housing, commercial, and other urban developments.

The amendment also gives immediate legal effect to plan changes dealing with natural hazards from the moment they are publicly notified. In the past, there was often a window between notification and full implementation during which developers could rely on older, less restrictive rules. The new approach closes that gap, ensuring that protections against hazard-prone development apply as soon as councils act, and before provisions have been subject to community consideration through plan change processes.

For urban growth, developers seeking to build on floodplains, coastal margins, or unstable land will face stricter assessments, and many will be required to incorporate costly mitigation measures such as raised foundations, improved drainage, or specialised engineering design. In some cases, councils may now simply refuse proposals they believe put people or property at unacceptable risk. This could raise costs and lengthen timelines for projects, but it also provides greater certainty about what is and is not acceptable under the law.

The reforms coincide with government efforts to encourage more intensive housing in cities. The tension between accommodating higher population growth and avoiding unsafe development is now squarely in the spotlight. Councils will need to direct intensification to safer areas while restricting it in places where hazard risks cannot be reduced to acceptable levels. For landowners in at-risk locations, these changes will limit opportunities, but for the wider community they aim to avoid the long-term costs of poorly sited housing.

Overall, the new rules reflect a greater shift towards proactive risk management in urban planning. Recent floods and storm surges have highlighted the dangers of building in vulnerable places, and section 106A signals a clear intention to prevent those mistakes from being repeated. While developers may face higher costs and stricter requirements, communities should benefit from greater resilience and reduced exposure to future disasters. The message is clear: growth must continue, but it must do so in a way that safeguards both people and property.