July is here and we are now officially in the second half of the year! The first half of the year saw many changes in the Resource Management sphere, and it does not seem like there is any intention of slowing down. Below is a brief explanation of some of these recent developments.
No consent? No issues! – Government’s announcement on Granny Flats
In late June, the coalition government announced that they are looking at ways to make building Granny Flats easier. Small self-contained and detached houses (known as ‘Granny Flats’) will become easier to build and not subject to ordinary resource consent constraints.
This announcement follows the current governments focus on alleviating the pressure on housing. They consider that this will be a step in enabling the supply of affordable housing for all New Zealanders.
Currently, there are differing standards for building these Granny Flats in different regions. The government is proposing a National Environmental Standard which will require all councils to permit a granny flat up to 60 square metres in size to be built in rural and residential zones without resource consent. The Granny Flats must still adhere to the Building Code and other prescribed checks and balances to ensure they meet building performance and quality requirements. Currently, the Resource Management Act 1991 and the Building Act 2004 govern the rules surrounding residential building however with this, a National Environmental Standard will be introduced to permit the building of Granny Flats without either resource or building consent.
The government is currently seeking feedback on the proposal, following which it aims to give effect to these changed by mid-2025.
Review of the Public Works Act 1981
The Public Works Act (PWA) grants powers to acquire land for public works like roads, schools, and water services, ensuring the rights of private landowners are considered and compensated. It has been a key mechanism for infrastructure development but has not been substantially amended since 1988.
On 4 July 2024, Minister for Land Information, Chris Penk announced, an independent expert advisory panel to review the PWA to facilitate easier infrastructure building. The scope of the review is on land acquisition and compensation functions in the PWA – key improvements that will support the delivery of infrastructure. The review will focus on improving efficiency, effectiveness, and clarity.
The five-member panel, chaired by Charlotte von Dadelszen and including Spencer Webster, Paul Cassin, James Clareburt, and Pat Dougherty, will provide advice on reforms to support infrastructure delivery while upholding the Act’s fundamental principles. The panel will convene from July to September, with legislation expected in mid-2025. The public will have the opportunity to submit feedback through the Select Committee process. The review will ensure property rights and natural justice are maintained and align with Treaty of Waitangi settlements.
Changes for freshwater consenting, farming, coal mining and biodiversity
In May 2024, the Resource Management (Freshwater and Other Matters) Amendment Bill (the Bill) was introduced. The Bill includes the following changes:
a) Stock Exclusion and Intensive Winter Grazing Relaxations: The Bill repeals the national regulations requiring stock exclusion from waterways on low slope land (below ten degrees in slope) under the Resource Management (Stock Exclusion) Regulations 2020 and resource consent for intensive winter grazing under the National Environmental Standards for Freshwater (NES-F). This means stock exclusion and intensive winter grazing will be regulated through regional plans and freshwater farm plans only. This potentially reduces costs for farmers but raises concerns about water quality protections.
b) Extension of deadline for Identifying and Mapping New Significant Natural Areas (SNAs): The Bill extends the deadline for local authorities to identify and map SNAs from August 2028 to December 2030, suspending specific obligations under the National Policy Statement for Indigenous Biodiversity while maintaining existing biodiversity protections under the RMA.
c) Streamlined Process for National Direction: The Bill redefines and simplifies the process for creating or amending National Directions under the RMA by removing the board of inquiry process, establishing a single preparation process, and implementing a new evaluation procedure focused on effectiveness, environmental and economic impact, and alternative options.
d) Exclusion of Te Mana o te Wai Hierarchy from Consent Applications: The Bill removes the requirement for resource consent applications to consider the Te Mana o te Wai hierarchy of obligations, potentially easing the consent process for activities impacting water health, though regional councils must still reflect the hierarchy in policy statements and plans.
e) New consenting pathway for coal mining: Compared to other mining activities, coal mining is subject to a stricter consent pathway. Currently, the consent pathway for coal mining is limited to the operation and expansion of existing coal mines and thermal extraction until 31 December 2023. The Bill will extend the consent pathway for coal mining to include new coal mines and remove the 31 December 2023 sunset clause on thermal coal extraction consents.