2025 has been another big year for resource management, with the new processes under the Fast-track Approvals Act hitting their stride (with the Act already up for some "tweaks"), consultation on a suite of reforms to national direction, and two new bills to replace the RMA about to drop for consultation. And all this change on top of a very fluid planning framework (goodbye to medium density residential standards (or MDRS) and Council-initiated plan changes!), and the day-to-day challenges of managing our natural and built environments.
Key statistics
Significant developments in 2025
The Fast-track approvals regime - fast but not fast enough?
The Fast-track Approvals Act 2024 has been up and running this year and a popular choice for developers. While there were some early teething issues (see our earlier update), the fast-track process has been a successful pathway to obtaining approvals for regionally and nationally significant projects, and in a much shorter timeframe than the good old RMA.
However, the recent introduction of the Fast-Track Approvals Amendment Bill suggests the Government is not yet satisfied with what is being delivered. While the headline item was "improving grocery retail competition", the Bill delivers much more. The aim? Speed up the process and fix issues experienced by early users of the process. The reality? Tightened timeframes and further restrictions on appeal rights could slow the process down with more litigation. A question on many minds is the lack of transitional provisions and uncertainty as to how the amendments will apply to projects already in train.
After an extremely short submissions process, the Bill is currently before the Environment Committee, and we understand the Government intends to pass it into law before Christmas – watch this space!
While we wait for the replacement RMA…we got amendments to the existing framework
This year, the Government has carried out "Phase Two" of its planned reform programme to improve the resource management system ahead of more fundamental changes next year. This has included:
- The enactment of the Resource Management (Consenting and Other System Changes) Act 2025, which made a range of targeted amendments to the RMA including changes to get those renewable energy projects moving, allow consents to be declined where there is significant natural hazard risk and significantly increase the penalties to stop those RMA offenders.
- Consultation on New Zealand’s largest package of changes to national direction. This included four new national direction instruments, one being the much-needed National Policy Statement for Infrastructure, as well as amendments to a range of other instruments generally aimed at better enabling development.
The Government's intention is for the changes made during Phase Two of resource management reform to be carried into the new system.
Goodbye to Council-initiated planning processes, unless you're Auckland…then hello to an intensification plan change 2.0
In the interests of cost and efficiency, the Government has taken the bold step of restricting councils’ ability to notify new plan changes and reviews ahead of the new RMA legislation being introduced (unless an exemption is sought from the Minister). With only a handful of exemptions having been granted, the activity within the planning landscape has dramatically reduced in the second half of this year. Importantly for the development community, the "plan-stop" does not affect private plan changes which have been able to go ahead as usual.
Both Auckland Council and Christchurch City Council have taken the Government’s off-ramp and opted out of continuing to implement the MDRS:
- In withdrawing the remainder of Plan Change 78, Auckland Council has notified a new intensification planning instrument (Plan Change 120) which is open for submissions until 19 December 2025. As well as focusing on enabling intensification around centres and transport nodes, Plan Change 120 seeks to strengthen the provisions for managing development in areas exposed to natural hazard risks. As a streamlined planning process required to be completed in just 20-months, decisions are expected in July 2027.
- Christchurch City Council has withdrawn Plan Change 14 on the basis that long-term housing supply has already been provided for in the District Plan.
Let's cast that net even wider for that effects assessment (in some cases)
In its recently released decision of Sustainable Otakiri Incorporated v Whakatāne District Council and Otakiri Springs Limited, the Supreme Court confirmed a broad, fact-sensitive approach can be taken when considering environmental effects in consenting decisions.
When considering a resource consent application for a water take for water bottling operations, the Court held that down-stream effects of plastic bottle disposal by end users were, in principle, relevant to a resource consent decision at the production stage. The Court held that the relevance of any "effect" is a question of fact, to be determined on the evidence in each case, including the degree of proximity to the particular activity.
Applicants will need to carefully consider their approach when assessing effects in consenting applications moving forward and be prepared for a broader range of effects to be raised by submitters (at least so long as the RMA framework lasts…).
What's on the horizon?
Bills to replace the RMA….just in time for Christmas!
It's out with the red tape with the imminent introduction of the new legislation to replace the RMA. A reminder for those that don't live and breathe the RMA like we do; the replacement legislation will comprise two new Acts - the Planning Act and Natural Environment Act. The Government has long signalled the new system will be a “radical” shift to a more liberal planning system that is focused on the enjoyment of private property rights and with a reduced regulatory scope and narrowed approach to effects that aims to speed up consenting processes.
We can expect a stronger focus on spatial plans, more standardisation, combined council plans and a clearer legislative basis for setting environmental limits. Sounds pretty good right?! We hope it translates into practice and is here to stay past the election next year.
And lucky for us it's new resource legislation for Christmas this year – submissions are expected to open in December and run into the New Year. Consultation on the new bills will also run alongside a raft of other legislative reforms aimed at improving how infrastructure is funded and financed, to better support urban growth across New Zealand. This includes the recently released exposure draft of the Local Government (Infrastructure Funding) Amendment Bill which will replace development contributions with a development levies system. Submissions on the exposure draft are now open until 20 February 2026.
As we close out 2025, it looks as though 2026 will be just as exciting as we navigate the new world order of the Planning and Natural Environment Acts and suite of other reforms. We're ready for it and here to continue to help our clients to navigate it. Please get in touch with one of our team if you'd like to find out more about the changes or how to make a submission.
This content is intended only to provide a summary of the subject covered. It does not purport to be comprehensive or to provide legal advice. No person should act in reliance on any statement contained in this publication without first obtaining specific professional advice. If you require any advice or further information on the subject matter, please contact a Russell McVeagh partner/solicitor.