Resource management reform

Clarifying new permitted activity pathways

The government has recently amended the RMA to give councils more scope to include permitted activities in regional plans. This means some discharges can be allowed as permitted activities, but only for certain activities and only if there is an overall improvement in freshwater quality over time.

The change is a targeted fix for future plan changes and those already in progress (such as Waikato Plan Change 1 and the Southland Water and Land Plan). It will enabled the Environment Court to confirm permitted activity status for around 2,800 farms in Waikato and all farms in Southland, as originally intended by those regional councils.

The Government is working on a phased approach to update the Resource Management system in New Zealand.

Phase One

Repeal the Natural and Built Environment Act and Spatial Planning Act (completed in December 2023).

Phase Two

Targeted changes to the existing resource management system including;

Introduction of the Fast-track Approvals Bill
Two bills to amend the Resource Management Act (1, Freshwater and Other Matters and 2, Consenting and Other Systems Changes)
Changes to national direction (including National Policy Statement for Freshwater Management, National Policy Statement for Indigenous Biodiversity and National Environment Standards for Drinking Water).

Phase Three

Two new Acts will replace the RMA. A Planning Act focused on regulating the use, development and enjoyment of land, along with a Natural Environment Act focused on the use, protection and enhancement of the natural environment.

Updates as part of Phase Two

Changes to the Resource Management Act (RMA) – second amendment bill (Consenting and Other System Changes)

The Resource Management (Consenting and Other System Changes) Amendment Bill (the Bill) has passed into law. The key farming matters before the house are;

Pause to future council planning – with new national planning standards anticipated late 2026 the Bill puts a halt to any planning instruments not already notified (such as Waikato PC1). This restricts the ability to notify any plans until 31st December 2027.
Changes to Freshwater Farm Plan thresholds – fewer farms require a FWFP as a result of changes to thresholds (all farms with a dairy supply number and farms over 50ha for most other types of farming).
Changes to address permitted activity pathways – Section 70 has been amended to clarify regional councils can include rules in their plans allowing discharges as permitted activities, as long as these rules contribute to an overall improvement in water quality over time. This also provides a pathway for existing plan changes, including in Waikato and Southland, where the council's initial intent in both cases was to provide for low risk farm activities as permitted activities.
Increases to enforcement penalties and insurance – the Bill makes changes to provide scope for enforcement orders to revoke or suspend a resource consent, increases to the fines and the removal of insurance against fines.
Insertion of new regulation - making powers for the Minister for the Environment to modify or remove provisions of a policy statement or plan.
Extended duration for certain water permits in Otago by 5 years and remove certain discharge rules which are unimplementable. This is an interim change put in place to address unintended consequences as a result of an extended halt to regional planning, and before the regional council is able to progress with a new regional plan.

DairyNZ made a submission on the Bill and have been working with government and regional councils to advocate for pragmatic outcomes for farmers as well as provided some targeted solutions to unresolved issues. These options were largely reflected in the final drafting.

Up next – Phase Three

Key proposals for Phase Three include;

Two new Acts will replace the RMA. A Planning Act focused on regulating the use, development and enjoyment of land, along with a Natural Environment Act focused on the use, protection and enhancement of the natural environment.
The new Acts will have a narrowed approach to effects management that will be enabling of more activities, will simplify national direction with only one set under each Act and will clarify how environmental limits are set.
The proposed legislation will go before the Select Committee in 2026 and is expected to be passed before the next election, aligning with council long-term plans starting in 2027.
The reform aims to make it easier to consent farming activities, infrastructure, and housing, addressing frustrations with the RMA’s complexity and delays.
DairyNZ is supportive of the intent of Phase three but we want more detail on key changes like charges for resource use, to make sure they are beneficial to farmers. See our media release - RMA changes welcomed by DairyNZ but more details needed.

Information available

EAG report – Blueprint for RM reform | Beehive.govt.nz
Factsheet – Resource Management | Beehive.govt.nz
Blueprint for RM reform: Minority Report | Ministry for the Environment

Quick overview of changes to the RMA to date

The Natural and Built Environment Act and the Spatial Planning Act that replaced the RMA in August 2023 have been repealed. We are back to the RMA and regional councils will have to assess resource consent applications based on the RMA when, for example, deciding on consent duration.
The Fast-track Approvals Act - the Bill was passed into law in December 2024 after being heard by the Environment Select Committee. Its purpose is to speed up the approval process to deliver infrastructure and other development projects with significant regional or national benefits.
Targeted changes to the Resource Management Act (RMA) - first amendment bill. The changes related to the Te Mana o te Wai hierarchy of obligations, Stock Exclusion Regulations, Intensive Winter Grazing regulations, Significant Natural Areas (SNAs) and the process to develop or amend national direction. These changes largely reflected in DairyNZ’s submission. The amendment act came into force in October 2024.

What it means for farmers

Despite the changes underway, you must still meet all national and regional rules. Stay up to date with regional regulations through your local Regional Council’s website and extension teams.