Updates to national direction instruments

Overview

On 18 December 2025, the New Zealand Government gave notice of three new national direction instruments and made amendments to seven existing ones. These changes are intended to facilitate the transition from the current Resource Management system to the new Natural Environment and Planning system.

The instruments follow the introduction of the Natural Environment Bill and the Planning Bill, which will repeal and replace the Resource Management Act 1991 (RMA).

The new and amended instruments will come into effect on 15 January 2026. The aim is to make it easier for councils to plan and deliver infrastructure, and to support growth in the primary sector. Once in effect, the instruments will assist with the design and implementation of the new planning system.

 

New instruments

Resource Management (National Environmental Standards for Detached Minor Residential Units) Regulations 2025

The Resource Management (National Environmental Standards for Detached Minor Residential Units) Regulations 2025 (NES-DMRU) introduce new standards to simplify the process for building detached minor residential units (DMRU's), commonly referred to as 'granny flats'.

These regulations have been introduced as a way to keep up with the demand for smaller, more affordable dwellings that support various living arrangements. This framework will provide a nationally standardised approach that complements recent amendments to the Building Act 2004. As previously foreshadowed, they allow for the building of a detached minor residential unit of up to 70m² without resource consent. The key constraints are:

• limitations on the zones the DMRU can be located in (Māori Purpose, Mixed Use, Residential and Rural).
• controls on building coverage, setback from the principal unit and setbacks from boundaries.
• a requirement to comply with certain district plan rules and standards where they relate to:
  • subdivision matters;
  • matters of national importance under section 6 of the RMA;
  • use of the DMRU other than for residential activities;
  • papakāinga;
  • earthworks; and
  • rules and standards applying to the principal unit that manage specified health and safety effects.
• compliance with any regional rules applicable to the DMRU.

National Policy Statement for Natural Hazards 2025

The stated aim of the National Policy Statement for Natural Hazards 2025 (NPS-NH) is to assist councils in to manage natural hazard risks in new developments with the goal of making future communities more resilient.

The Government has described the NPS-NH as a first step in managing natural hazard risk through the planning system while the Natural Environment Bill and Planning Bill are still being designed and implemented.

The NPS-NH is relatively concise, comprising one objective, six policies and four implementation provisions. It requires local authorities to assess and manage natural hazard risks in a consistent, risk-based and proportionate manner, with a strong emphasis on avoiding very high risks and using the best available information. It also considers long-term natural hazard risk and mitigations.

Once the NPS-NH is in force, local authorities must have regard to it when making consent decisions. The NPS-NH expressly states that local authorities are not required to initiate changes to regional policy statements, regional plans or district plans within specified timeframes solely to give effect to the NPS-NH.

National Policy Statement for Infrastructure 2025

The National Policy Statement for Infrastructure 2025 (NPS-I) will require decision-makers to recognise specified infrastructure as being nationally significant under the RMA. It will provide a national direction to support infrastructure development and upgrades while balancing adverse environmental impacts.

Once in effect, the NPS-I will apply to all decisions under the RMA affecting the operation, maintenance, renewal and upgrade of existing and new infrastructure, subject to three exceptions:

• renewable electricity generation (covered by the National Policy Statement for Renewable Electricity Generation);
• electricity transmission and distribution networks (covered by the National Policy Statement for Electricity Networks); and
• freshwater allocation and prioritisation (addressed by regional councils).

“Infrastructure” is defined in the NPS-I to include all infrastructure within the RMA definition and “additional infrastructure” as defined in the NPS-I. This includes schools, health facilities, fire and emergency facilities, defence facilities, corrections facilities, stormwater networks, resource recovery or waste disposal facilities, and flood control and protection works carried out by or on behalf of a local authority.

 

Amendments to existing instruments

National Policy Statement for Highly Productive Land

The National Policy Statement for Highly Productive Land (NPS-HPL) has been in effect since 2022. The amendments include:

• exemptions for urban development and urban rezoning on Land Use Capability (LUC) 3 land from NPS-HPL restrictions.
• improvements to the New Zealand Land Resource Inventory undertaken after 2022 to be used to assess what land the NPS-HPL.
• suspension of the requirement to map highly productive land in regional policy statements until 31 December 2027, aligning with the “Plan Stop” timeframe.
• amendments to quarrying and mining provisions to align definitions and consenting processes.

New Zealand Coastal Policy Statement 2010

The New Zealand Coastal Policy Statement 2010 (NZCPS) is the only compulsory national policy statement under the RMA and must be given effect to at all times.

Amendments have been made to two policies:

• Policy 6 – Activities in the coastal environment
  • The language in policies 6(1)(a) and 6(1)(g) has been strengthened to make the policy more directive, enabling priority activities to be undertaken more effectively.
  • An “operational need” consideration has been added in policies 6(1)(e) and 6(2)(c) and (d) for priority activities in the coastal environment.
• Policy 8 – Aquaculture
  • A new provision directs local authorities to provide for aquaculture activities within aquaculture settlement areas.

Quarrying and mining activities

Four instruments have been amended in relation to quarrying and mining activities:

• National Policy Statement for Indigenous Biodiversity (NPS-IB);
• National Policy Statement for Freshwater Management (NPS-FM);
• Resource Management (National Environmental Standards for Freshwater) Amendment Regulations (NES-F); and
• NPS-HPL.

The amendments are intended to provide more consistent and enabling regulation and management of quarrying and mining activities, and improved alignment across instruments. Key changes include:

• introduction of an “operational need” test (in addition to the existing “functional need” test) in NPS-FM and NES-F wetland consent pathways to make it easier for quarrying and mining activities to meet the gateway tests.
• alignment of terminology, including replacing references to “mineral extraction” and ”aggregate extraction” with “extraction of minerals and ancillary activities” and “quarrying activities. As well as this, the National Planning Standards definitions will become incorporated into the instruments.
  • amendments to quarrying and mining gateway tests across the instruments to:
  • remove the requirements for benefits to be “public” and allow broader consideration of benefits;
  • include regional benefits to mining consent pathways;
  • remove the test requiring proof that benefits “could not otherwise be achieved using resources within New Zealand”; and
  • retain the requirement for an effects management hierarchy.

National Policy Statement for Renewable Electricity Generation

The National Policy Statement for Renewable Electricity Generation (NPS-REG) has been amended to make it more directive and to better enable new renewable electricity generation, while protecting existing renewable electricity generation. The amendments include:

• strengthened policy direction recognising the significance of renewable electricity generation;
• a more certain consenting environment, including small-scale initiatives;
• recognition of Māori interests;
• protection of renewable electricity generation from reverse sensitivity effects;
• recognition of the operational and functional need to locate renewable electricity generation where renewable resources are available; and
• alignment with other national direction instruments.

National Policy Statement for Electricity Networks

The National Policy Statement for Electricity Networks (NPS-EN) replaces the National Policy Statement for Electricity Transmission. This change reflects an expanded scope to cover both electricity transmission and distribution.

Key amendments include:

• strengthened policy direction to create a more certain consenting environment;
• recognition of the national significance of electricity networks, and the operational and functional need to locate in particular environments;
• enabling routine maintenance and upgrade activities;
• alignment with other national direction, particularly renewable electricity generation and infrastructure instruments;
• management of adverse environmental effects of electricity network activities;
• recognition of Māori interests, including early engagement to identify and protect cultural values; and
• protection of electricity networks from adverse effects arising from third-party activities.