The Natural and Built Environment (“NBEA”) and Spatial Planning (“SPA”) Bills received Royal Assent on 23 August 2023. Although much of the NBEA and all of the SPA are now in force, existing RMA instruments and processes will generally remain in effect until the “NBEA date” for each region, which is the date the decisions version of the NBE Plan for the region is treated as operative. This will likely take many years. There are, however, a number of provisions from the NBEA that do have immediate effect, as discussed in our last update on the Bills.
What’s next?
The general sequence of events for the transition period is as follows:
- The first (or transitional) NPF must be notified within 8 months of 23 August 2023, and then subject to a public submissions and hearing process before a specifically appointed Board of Inquiry. The Board will then make recommendations to the Minister for the Environment, following which the Minister will make a decision on the final content of the NPF.
- The NPF will then shape the development of Regional Spatial Strategies (“RSS”) and NBE Plans, both of which are developed by newly created Regional Planning Committees (“RPC”).
- Each RPC must adopt its first RSS within 3 years of the RPC being established (but that date can be extended by the Minister).
- NBE Plans must be prepared within 4 years and 4 months, in accordance with the following steps:a) An RPC must resolve to begin drafting its plan within 40 working days after adopting the applicable RSS.b) Draft strategic content for the plan must be notified within 12 months of the resolution to begin drafting the plan.c) The draft plan must be notified within 2 years of the resolution to begin drafting the plan.
d) The submissions, hearing and recommendation process required for the RPC to make decisions on the plan must be completed within the remainder of the timeframe.
- All RMA instruments will then generally cease to apply in a region on the region’s NBEA date.
We understand that the development of the first/transitional NPF is well underway. This will contain policies and framework rules that will generally roll over existing national direction documents. The NPF will provide direction and guidance to both RSS and NBE Plans, given that:
- RSS must give effect to the NPF to the extent the framework directs and must otherwise be consistent with it; and
- NBE Plans will be required to give effect to the NPF as directed.
What does it mean for you now?
Fast track consenting process (Schedule 10, Part 2)
The fast-track consenting process has come into effect and will only be available for certain ‘eligible activities’. An eligible activity means any activity that is or is ancillary to communications, energy, housing, transport, water or other central, local government or private assets.
For the process to apply, the Minister has to first accept the activity is eligible to be referred to an expert consenting panel (“ECP”). If the Minister accepts the activity can be referred for fast-tracking, the application for the activity may then be lodged with the relevant ECP, with ECP now convened (or appointed) by the Chief Environment Court Judge. However until a region’s NBEA date, applications will continue to be processed and the ECP’s decision made under existing RMA instruments.
Plan changes (Part 5 and Schedule 6, NBEA)
Plan changes will still be undertaken through RMA instruments and processes, at least until a region’s NBEA date. Clause 5 of Schedule 1 (the transition provisions of the NBEA) provides that Part 3 and 5 of the RMA only cease to apply in a region on that region’s NBEA date. Part 5 of the RMA is the Act’s plan making provisions.
Resource consents (Part 6 and Schedule 9, NBEA)
Similarly, consent processes will generally not be affected by the new provisions until a region’s NBEA date. A resource consent application which was lodged before the region’s NBEA date but has not been determined by or on that date will also still continue to be processed and determined under the RMA (Schedule 1, cl 17-19).
The transition from RMA to NBEA will be a long and winding one – so please contact us for advice in making that journey, as you require.