As we move into September, we continue to see significant changes to the Resource Management Act (RMA) being introduced. Below, we explore some of the latest developments and their potential impact on the resource consent process.
This update will cover the following key developments:
- Phase Two of Amendments to the RMA: An overview of the proposed reforms and their focus areas, including infrastructure and energy, housing, farming and the primary sector, and emergencies and natural hazards.
- Progress on the One-Stop Shop Fast Track Bill: Recent recommendations to enhance the Fast Track Bill and their implications.
- Electrifying New Zealand – Next Steps: National’s plan to boost investment in renewable electricity generation and the associated legislative changes.
- Resource Management (Extended Duration of Coastal Permits for Marine Farms) Amendment Bill: The latest updates on the Bill and its proposed amendments.
1. Phase Two of Amendments to the Resource Management Act 1991
In late August, the Government confirmed details of a second RMA Amendment Bill and suite of changes to national direction, which are intended to be introduced by the end of 2024. Collectively, it has called this package of reforms “RMA Reform Phase Two”. With respect to national direction instruments, the Government intends to introduce seven new national direction instruments and amend fourteen existing ones. Collectively, the Phase Two reform will focus on four key areas: infrastructure and energy, housing, emergencies and natural hazards, and farming and the primary sector. These amendments aim to drive economic growth and productivity by simplifying the current system to boost development. Further details on these four sectors are outlined below.
Infrastructure and Energy
The proposed changes aim to enhance productivity by introducing a new National Policy Statement on Infrastructure and a consistent approach to quarrying under the Resource Management system. Additionally, the reforms will reduce consenting costs for telecommunications facilities to support upgraded infrastructure.
Housing
The housing package is set to deliver the first pillar of the Government’s “Going For Housing Growth” policies announced earlier this year. RMA amendments will require councils to demonstrate compliance with the 30-year Housing Growth Targets while providing the flexibility for councils to opt out of the Medium Density Residential Standards. In addition, there will be associated amendments to both the National Policy Statement on Urban Development and the National Policy Statement on Highly Productive Land.
Farming and Primary Sector
This package aims to fulfil the National Party Manifesto and coalition agreements focused on driving productivity. The package includes amendments to the National Policy Statement on Highly Productive Land (which have now been implemented) to permit indoor primary production and greenhouses, as well as allowing farmers to construct new infrastructure such as solar farms on highly productive land.
Emergencies and Natural Hazards
This package seeks to establish a comprehensive and consistent national framework for addressing risks associated with natural hazards, including climate change. The RMA Amendment Bill will also introduce easier consenting pathways for responding to natural disasters during states of emergency.
Once the Phase Two reforms are completed, there will be a further “Phase Three” reform package. This will be a replacement for the current RMA (which focuses on “private property rights” and is supposed to be introduced before the end of 2025.
2. Progress on the One-Stop Shop Fast Track Bill
On 25th August, it was announced that Cabinet has agreed to make several amendments to the Fast Track Approvals Bill, which is currently before the Environment Select Committee for approval. Chris Bishop announced the following recommended changes:
- Referral decisions to be made by the Minister for Infrastructure alone, following consultation with the Environment Minister and other relevant portfolio Ministers.
- Final decision-making power to be shifted to the Panel, not the Minister(s).
- Applicants must disclose if the project has previously been declined consent.
- Panels to include expertise in environmental matters, with an iwi authority representative required only by Treaty settlements, and Māori development and te ao Māori expertise in place of mātauranga Māori.
- Extended timeframes for comments at the referral and panel stages to allow more time for parties, including those impacted by a proposed project, to provide comments.
For more information, we have attached a relevant slideshow detailing the progress of the Fast Track Approvals Bill, presented by our Director, Helen Andrews, at a Legislative Reform and Case Law Developments Webinar in late August. The presentation covers the Bill’s progress through the legislative process, issues raised in public submissions from corporations such as Infrastructure New Zealand, potential amendments to the Bill, and the possible implications for the consenting process.
[Link: Presentation on Fast Track Changes!]
3. Electrifying New Zealand – Next Steps
National’s plan to electrify New Zealand aims to boost investment in renewable electricity generation to transition to a lower emissions economy and meet climate goals. The Government’s Electrify NZ plan includes:
- Establishing a one-stop-shop fast track approvals and permitting regime: The Fast Track Approvals Bill will facilitate the implementation of renewable energy and transmission projects.
- Amendments to the RMA to expedite resource consenting: The Government has committed to extending the default lapse periods for renewable energy consents and reducing consent and re-consent processing times to within a year. The default consent duration for renewable energy consents will also increase to 35 years as part of Phase Two.
- Stronger national direction for renewable energy: Amendments to the National Policy Statements for Renewable Electricity Generation and Electricity Transmission will make them more directive and enabling of renewable electricity and transmission.
- A new regime for offshore wind: The Government plans to introduce a Bill to enable an offshore renewable energy regime around mid-2025.
- Updated regulatory settings for electricity networks and new connections: The Commerce Commission and the Electricity Authority are updating regulatory settings to support the economic shift to electrification and the Government’s initiative to enhance electric vehicle infrastructure.
4. Resource Management (Extended Duration of Coastal Permits for Marine Farms) Amendment Bill
The Primary Production Committee has published its report on the Resource Management (Extended Duration of Coastal Permits for Marine Farms) Amendment Bill. The Bill seeks to extend the duration of all coastal permits issued under the RMA for aquaculture activities by 20 years, but not beyond 2050. Despite receiving over 1100 submissions, with 1000 opposed, the Committee has decided to proceed with the Bill with minor drafting changes. The main amendments proposed include:
- Clarification on how extensions apply to coastal permits.
- Confirmation that conditions continue to apply to all coastal permits.
- Setting out the purpose of reviews as “to better promote the sustainable management of the natural and physical resources associated with the marine farm, without preventing the permit holder from carrying out the aquaculture activity to which the permit relates”.
- Notification requirements for parties involved in reviews.
- A requirement for authorities to make decisions within two years of commencing a review.
- Clarification that councils cannot recover costs for reviews undertaken.
If you have any queries about how these proposed changes may impact you, please contact our office.