New Zealand legislative update: Public Works, resource consent duration changes and fast-track amendments

The New Zealand Government continues to pursue an ambitious legislative reform schedule ahead of this year’s general election. While reform of the Resource Management Act 1991 (RMA) dominates headlines, with submissions on the Planning and Natural Environment Bills having closed on 13 February 2026, the Government is also progressing changes to the Public Works Act 1981 (PWA), the RMA and the Fast-track Approvals Act 2024 (FTAA).

 

Public Works Amendment Bill

On 24 November 2025 the Government introduced the Public Works Amendment Bill to Parliament. This is the second tranche of PWA reforms in response to the 2024 review of the PWA (the first tranche of amendments to the PWA to enable ‘critical infrastructure’), and is aimed at improving the efficiency, effectiveness, and clarity of land acquisition, objections, and compensation functions, in the PWA.

In summary, the Public Works Amendment Bill looks to:

• Streamline land acquisition powers and processes, including changes to information and negotiating requirements, and modernising of delegation provisions.
• Make targeted improvements to objection proceedings by refining the Environment Court’s consideration of alternatives where there is an RMA designation and requiring objectors to state the grounds of their objection.
• Support effective, equitable and fair compensation through methods such as an incentive payment of 10% (before a notice of intention is issued), updating existing compensation payments, valuing Māori freehold land as if it were general land and providing for alternative dispute resolution prior to a Land Valuation Tribunal hearing.
• Enabling timely recovery from emergencies by introducing an emergency recovery land acquisition process activated by Order in Council and setting out a standard process for emergency recovery.

Further details on the Public Works Amendment Bill are available on Parliament’s website. The Bill is currently being considered by the Transport and Infrastructure Select Committee. Submissions closed on 27 January 2026, and the Committee’s report is due on 14 May 2026.

 

Resource Management (Duration of Consents) Amendment Act 2025

On 17 December 2025 the Resource Management (Duration of Consents) Amendment Act 2025 commenced. The objective of the Amendment Act is to ensure certainty, and avoid unnecessary administrative burden and costs, for consent holders during the transition to the legislation intended to replace the RMA (the Planning and Natural Environment Bills).

This is achieved by inserting a new section 123C into the RMA which sets out the following:

• Resource consents that would otherwise expire before 31 December 2027 are automatically extended until that date.
• Recently expired resource consents (where an application for a replacement consent has been made under section 124 of the RMA, but not yet determined) are deemed to be reinstated and extended until 31 December 2027.
• Resource consents relating to freshwater are excluded from extension beyond a total duration of 35 years.
• Wastewater consents that have already been extended under sections 139C or 139D of the RMA are excluded from extension.

These changes to resource consents automatically apply (i.e. no action is required by the consent holder). Where a consent holder has already made an application to replace a consent affected by section 123C, that application can still be progressed (or withdrawn).

 

Fast-track Approvals Amendment Act 2025

On 16 December 2025 the Fast-track Approvals Amendment Act 2025 received Royal Assent. We previously provided an update on the Bill that lead to the Amendment Act. Prior to enactment, an Amendment Paper was introduced to delay commencement of parts of the Bill, and now the Act, to 31 March 2026 to allow updates to be made to the fast-track approvals system.

The parts of the Amendment Act that commence on 31 March 2026 include:

• Some updates to the consultation and notification requirements for referral applications;
• Changes to the pre-lodgement requirements for listed projects;
• Changes to the steps before lodging a substantive application and a Panel’s consideration of substantive applications;
• The introduction of provisions relating to the reduction of the scope of a substantive application; and
• Changes to the timing of Panel decisions.

Changes that took immediate legal effect include the requirement to take into account relevant Government Policy Statements (for example, a Government Policy Statement on grocery competition) and Ministerial directions, as well as updates to some project descriptions.