New Zealand environmental and regulatory legislative update – a busy few months and we are not done with 2026 yet

It has been a busy period for New Zealand’s Parliament as we creep closer to the general election on 7 November 2026. The legislative process continues to run and there have been many significant developments in recent months in addition to the legislation replacing the Resource Management Act 1991. This article summarises several of the key Bills and Acts and their progress (outside of the RMA replacement).

 

Climate Change Response (Tort Liability) Amendment Act 2026

The Climate Change Response (Tort Liability) Amendment Act 2026 passed its Third Reading on 18 August 2026 and received Royal Assent on 24 August 2026.

The Act amends the Climate Change Response Act 2002 to create a statutory bar on tort liability for emissions-related climate change effects. It effectively brings the end to the matter of Smith v Fonterra, the live climate proceeding the Supreme Court unanimously allowed to proceed to trial in 2024.[1]

 

Climate Change Response Amendment Bill

The Climate Change Response Amendment Bill was introduced on 15 July 2026 and is currently awaiting its First Reading.

The Bill aims to improve the efficiency and effectiveness of the Climate Change Response Act 2002 through targeted policy changes relating to climate adaptation planning, market governance of the New Zealand Emissions Trading Scheme, industrial allocation and carbon removal activities.

Significantly, and linked to the new resource management replacement legislation, the Bill would require territorial authorities to prepare climate adaptation plans for specified priority areas.

 

Infrastructure Funding and Financing Amendment Act 2026

The Infrastructure Funding and Financing Amendment Act 2026 received Royal Assent on 4 August 2026, having been introduced in November 2025.

The Act makes changes intended to improve the usability of the Infrastructure Funding and Financing Act 2020 as an infrastructure funding and financing tool supporting urban development.

 

Offshore Renewable Energy Act 2026

The Offshore Renewable Energy Act 2026 received Royal Assent on 9 July 2026, having been introduced in December 2024.

The new Act establishes a legislative regime governing the construction, operation and decommissioning of offshore renewable energy developments in New Zealand.

 

Building Amendment Bill

The Building Amendment Bill passed its First Reading on 30 June 2026 and was referred to the Transport and Infrastructure Select Committee. Submissions on the Bill are currently due by 15 November 2026.

The Bill seeks to introduce the previously signalled proportionate liability regime for defective building work, together with changes relating to warranties and insurance.

It also proposes a range of other regulatory changes, including changes relating to building consent authority consolidation and collaboration, research funding and targeted amendments to building consent processes. These include provisions relating to residential solar electricity generation and off-site construction of tiny homes).

Please contact one of the team if you would like to discuss any of these developments and their potential implications. 

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^{1 _{Smith v Fonterra Co-operative Group Ltd [2024] NZSC 5.}}