Overhaul of national direction
The Coalition Government’s Roadmap for resource management signalled that the second phase of reform would be substantive, and we now have confirmation [1].
The Honourable Chris Bishop’s announcement at the Local Government NZ conference indicates that alongside a second Resource Management Act (RMA) Amendment Bill the Government will be undertaking the largest package of national direction changes in New Zealand's history - with seven new national direction instruments, and amendments to 14 existing policy statements and standards.
The Second RMA Amendment bill will be delivered through four packages of reform relating to:
- infrastructure and energy;
- housing;
- farming and the primary sector; and
- emergencies and natural hazards.
We detail what to expect from the second wave of resource management reform below. It is anticipated that a Bill to amend the RMA, together with a single package of national direction changes, will be introduced before the end of this year.
Infrastructure and energy
Infrastructure and energy will be re-charged by a new National Policy Statement for Infrastructure and further amendments to the National Environmental Standards for Telecommunications Facilities. This package of reform will be aimed at reducing the costs of consenting, increase certainty surrounding the upgrade of telecommunication infrastructure, and facilitate the Government's Electricity New Zealand policy.
This will include:
- amendments to requirements and requests for resource consent information;
- enabling effective decision making on consent conditions;
- extending the designation default lapse period to 10 years;
- enabling ports and emergency services to become requiring authorities;
- removing or simplifying the alternatives test;
- reducing assessment and information requirements;
- coastal permits for certain port companies to gain a 20-year extension; and
- introducing changes to Electrify NZ.
Housing
Further to our earlier alert, Bishop has expanded on the reforms that will support the Government's Going for Housing Growth programme (GHG). In addition to amending the National Policy Statement on Urban Development and the National Policy Statement on Highly Productive Land, a national direction enabling granny flats and papakāinga housing is expected. The GHG will further be facilitated by simplifying restrictive heritage management provisions and increasing the powers to central Government to ensure compliance with the implementation of the GHG.
Farming and the primary sector
Primary sector productivity is proposed to be enhanced through amendments to the National Policy Statement on Highly Productive Land. This will include clear direction that indoor primary production and greenhouses are permitted on highly productive land and further clarification relating to locating specified infrastructure, such as solar farms, on highly productive land. Bishop indicated that further announcements are expected shortly.
Emergencies and natural hazards
A new national direction on natural hazards will deliver a comprehensive framework for addressing the risks of natural hazards, coastal inundation, and from climate change. Bishop confirmed that the Draft National Policy Statement for Natural Hazard Decision-making introduced by the previous Government will not be rushed through, but be subject to more comprehensive review to include identification of hazards, assessment of risk, and how to respond to that risk through planning controls.
Planning for and response to natural hazards will be improved by:
- Enabling land use consent to be declined or subject to conditions where there are significant risks of natural hazards;
- Rules relating to natural hazards to have immediate legal effect (from notification); and
- Improvement of emergency provisions, including new regulation making power for emergency responses, to better enable rapid responses to disasters.
Fast-track Approvals Bill takes shape
In a further announcement yesterday, Cabinet has recommended changes to the Fast-track Approvals Bill which is currently before the Environment Select Committee.
It is proposed that final decisions on projects will not be made by Ministers [2], but by the expert consenting panel considering the application. A number of other changes have also been proposed for consideration by the Select Committee relating to process and the make-up of the expert consenting panel. A high-level summary of the 384 projects that have applied to be listed in the Bill for direct referral through the Fast-track process, or for recognition as having significant regional or national benefits, has also been released, identifying the type of project and general location. Cabinet is to consider which of these projects will be listed in the Bill over the coming months, and this will be provided to Parliament when the Bill returns to the House later this year.
Please reach out to one of our experts if you would like more information about the reform programme or Fast-track Approvals Bill and how it might affect you.
Footnotes
[1] For further detail see our article dated 25 March 2024.
[2] Fast-track Ministers – Simeon Brown, Transport Minister, and Hon Chris Bishop Infrastructure Minister. See our article dated 11 March 2024 for the initial details of the Fast-Track Approvals Bill.
This article was co-authored by Aimee Harris, a Law Clerk in our Environment team.
