RMA changes to limit plan changes, allow the Minister to amend plans and permit certain discharges

The Resource Management (Consenting and Other System Changes) Amendment Bill (Bill) was introduced to Parliament at the end of 2024 and reported back from the Select Committee on 11 June 2025. We covered the changes the Bill proposed to the Resource Management Act 1991 in our previous articles at the Bill's introduction and when it was reported back to the House.

The Government has since introduced a slew of further amendments to the Bill through an Amendment Paper at the Committee of Whole House stage (Amendment Paper) on 12 August 2025. Among other things, the Amendment Paper will:

1. Limit the hearing and notification of proposed plans, proposed policy statements, plan changes and variations to plans and policy statements; and
2. Allow the Minister to make regulations to modify or remove provisions of a policy statement or plan.

Additionally, in a separate Amendment Paper, changes have been made to when a regional plan may permit discharges.

To review all the changes proposed by the Amendment Paper, click here.

 

Limitation of hearing and notification of plan changes

The Amendment Paper will stop parts of the plan-making process from when the Bill comes into force through to 31 December 2027, when it is anticipated legislation to replace the RMA will come into force. This implements the Government's policy to ‘ensure that local authorities do not expend resources unnecessarily’ and ‘achieve greater efficiency for local authorities in view of the changes expected’.

The amendments mean no ‘draft planning instruments’ may be notified after commencement of the Bill unless an exemption applies. Similarly, where a ‘proposed planning instrument’ has been notified, but a hearing is set to begin more than 5 days after commencement of the Bill, the instrument must be withdrawn, unless an exemption applies. A ‘draft planning instrument' is a ‘proposed planning instrument’ that has not been notified. A ‘proposed planning instrument’ is a proposed policy statement, a proposed plan and a change or variation to plans and policy statements.

There are a number of ‘automatic’ exemptions provided in the Amendment Paper for draft or proposed planning instruments:

• using the streamlined planning process, the intensification streamlined planning process and some freshwater planning processes;
• are directed or called in by the Minister, or that relate to natural hazards;
• that implement a requirement in a national policy statement published after commencement of the Bill that requires implementation before 31 December 2027 (draft planning instruments only);
• used by the Minister of Conservation to change or vary the regional coastal plan for the Kermadec and Subantarctic Islands; and
• that give effect to any obligation in or under a Treaty of Waitangi Settlement Act or deed of settlement, the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019 or the Marine and Coastal (Takutai Moana) Act 2011.

A local authority can apply to the Minister for an exemption as well. Exemptions must meet certain criteria, which are also fairly limited. Notable criteria include where the planning instrument would ‘better enable the local authority to provide, operate or maintain’ three waters, where provisions in a plan or policy statement need rectifying that have had unintended consequences, are unworkable, or have led to inefficient outcomes and to respond to changes made to the RMA. There is also a catchall criteria to ‘enable work to be progressed that, for any other reason, the Minister considers appropriate’.

If the Minister declines an application for an exemption for a proposed planning instrument (either in part of in full), the local authority must withdraw the instrument within 10 working days and give public notice of that withdrawal.

Proposed planning instruments that have been notified (and not set down for a hearing within 5 days of commencement of the Bill) must be withdrawn, with public notice given, within 90 days of commencement of the Bill and the hearing cancelled. The Minister may intervene to direct against withdrawal, but only in limited circumstances (being giving effect to any rights and obligations under a Treaty of Waitangi Settlement Act or deed of settlement, the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019 or the Marine and Coastal (Takutai Moana) Act 2011).

Notably, the use of the term ‘proposed plan’ as defined in the RMA limits the prohibition to a change ‘proposed by a local authority’ or a private plan change ‘adopted’ by a local authority. This means private plan changes that are ‘accepted’ by a local authority are not subject to the limitation regarding notifying plan changes. The Amendment Paper states that a private plan change request is also not subject to the requirement to withdraw, unless it has been adopted by the local authority and notified.

The Amendment Paper also suspends the requirement to review policy statements and plans until 31 December 2027.

 

Minister's ability to amend policy statements and plans

This Amendment Paper provides a regulation-making power to modify or remove provisions of an operative policy statement or plan. Such regulations are to be made by through an Order in Council on the recommendation of the Minister. Before the Minister makes a recommendation, they must:

1. Investigate the effects of the provision at issue on economic growth, development capacity, or employment, and prepare a report on the findings;
2. Provide that report to the local authority responsible for the policy statement or plan and consider any response;
3. Consult any parties ‘likely to be affected by any modification or removal of provisions’ and consider the outcomes of the consultation;
4. Be satisfied that the provisions have a negative impact on economic growth, development capacity, or employment; and
5. Be satisfied that:
   1. The provisions have not been included in a policy statement or plan in recognition of an obligation or a right under a Treaty settlement, the Marine and Coastal (Takutai Moana) Act 2011, Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, or a Mana Whakahono a Rohe or joint management agreement;
   2. The modification or removal of the provisions of the policy statement or plan does not prevent the policy statement or plan from giving effect to a national policy statement; and
   3. The modification or removal of the provisions of the plan does not make the plan inconsistent with a national environmental standard.

If regulations are made, the local authority must give public notice about the regulations and update the policy statement or plan without using a Schedule 1 process. This regulation-making power will be repealed on the close of 31 December 2027.

 

Changes made to rules permitting a discharge

The Bill proposed to allow a rule in regional plan to permit a discharge that gives rise to a significant adverse effect on aquatic life where the regional council is satisfied those effects are already present in the receiving waters and the standards for the permitted rule would reduce those effects over a period of 10 years. The Bill has since been amended to allow permitted rules for discharges that give rise to a conspicuous change in colour or visual clarity, and render fresh water unsuitable for consumption by farm animals, subject to regional council be satisfied of the same criteria (ie. those effects already exist and the standards will lead to a reduction in effects).

Additionally, conspicuous floatable or suspended materials have been removed from the effects which prohibit a rule permitting a discharge.

 

Timing of the changes

These changes are to come into force the day after the Bill received Royal Assent, which is expected in the coming days.