RMA Reform: A New Planning Framework with Property Rights at its Core
RMA Reform: A New Planning Framework with Property Rights at its Core
Wednesday 26 March, 2025
The Government has released further details on its proposed Resource Management Act 1991 (RMA) reform, building on signals made earlier this year and adopting recommendations from the Expert Advisory Group.
The proposed framework aims to deliver what Minister Chris Bishop has described as a “radical transition to a far more liberal planning system with less red tape.” If realised, that ambition would mark a significant and long-anticipated shift for developers, landowners, and infrastructure providers alike.
Dual Legislation: Planning and the Environment
The reform will take the shape of two new Acts:
- The Planning Act focused on the use and development of land.
- The Natural Environment Act focused on the protection and enhancement of the natural environment.
While this approach mirrors the structure proposed by the previous Government, a key distinction is the current Government’s stated intent to place property rights at the centre of the new system. That shift is expected to change the default approach to planning and consenting.
In practical terms, the new system will:
- Presume land use is enabled unless it significantly affects the environment or another person’s property rights.
- Allow more activities as permitted by default.
- Protect lawfully established existing uses, including potential expansion where activities are within a zoned or owned area.
This approach is likely to create more permissive and efficient development settings. However, it will also require careful management of land use compatibility, especially in mixed-use areas or where infrastructure and industrial activities intersect with residential development.
Other Key Features
The system will introduce:
- A single set of national policy directions under each Act, clarifying the scope and intent of environmental protection versus development.
- Clear environmental limits to provide certainty on where development can occur.
- Mandatory regional spatial plans and combined district plans.
- Standardised national land use zones to improve consistency and reduce local variation.
Enduring or Ephemeral?
With legislation expected to be introduced before the end of 2025 and enacted prior to the next election, a key question remains: will the reforms last beyond the term of the current Government?
Years of political churn and shifting regulatory priorities have led to uncertainty for developers and planners. Whether these latest changes become a stable and enduring framework will likely depend on the Government’s ability to deliver legislation that is not only workable but broadly supported across the political spectrum.
Tompkins Wake will continue to monitor the reform process closely and provide updates as further details emerge. If you would like advice on how the proposed changes might impact your project or property, our resource management team is here to help.
