RMA national direction reform – what you need to know
- ChanceryGreen
- 6 days ago
- 5 min read
The Government is proposing new and amended national direction documents as part of Phase 2 of its RMA reform. These proposals are grouped into four “packages”:
· Package 1: Infrastructure and Development
· Package 2: Primary Sector
· Package 3: Freshwater
· Package 4: Housing Growth
The table at the end of this article summarises the packages. Public submissions on the proposals in Packages 1-3 are open until 27 July.
Overall, the changes are aimed at improving the resource management system under the RMA by setting clearer national-level policies and rules governing regional and local plans, regional policy statements, and resource consent decisions. The reforms are intended to complement other initiatives like the Fast-track Approvals Act 2024.
We summarise the key takeaways, based on ChanceryGreen’s key practice areas and client interests, below.
Package 1: Infrastructure and Development
New national direction
National Policy Statement for Infrastructure (NPS-I)
The NPS-I proposes a broader definition of infrastructure than the RMA definition, covering energy, three waters, transport networks and assets, and social infrastructure like hospitals and educational facilities. It also proposes a new definition for ‘infrastructure-supporting activities’ – activities needed to support infrastructure but undertaken independently e.g., quarrying activities.
The key proposed objectives include that infrastructure should: support wellbeing of people, provide benefits, support development into the future, be well functioning and resilient, and be delivered in a timely and efficient manner while managing adverse effects on the environment.
The NPS-I also proposes to require decision-makers to recognise and provide for functional or operational need of infrastructure.
Key proposals include:
In relation to assessing and managing effects:
To reduce the cost and complexity of consenting by directing consideration of factors like site selection, technical requirements, and best practice standards.
Focusing only on new or increased effects during re-consenting.
Ensuring that conditions are proportionate and cost-effective.
Allowing new infrastructure and upgrades to proceed even if they have adverse effects on environmental values (other than those protected under section 6 of the RMA) so long as those effects are appropriately avoided, remedied, or mitigated.
Facilitating the efficient operation, maintenance, and minor upgrades of existing infrastructure, as long as adverse effects are avoided, remedied, or mitigated where practicable.
Balancing the need for long-term infrastructure certainty with the development of compatible land uses like housing.
Amendments to existing national direction
National Policy Statement for Renewable Electricity Generation (NPS-REG)
Key proposed changes to the NPS-REG include the introduction of an objective that aims to recognise the importance of renewable electricity, in particular, to meet emissions reduction targets; and new directive policies intended to enable and protect renewable energy assets and provide clearer guidance for managing environmental effects.
National Policy Statement on Electricity Transmission (NPS-ET) – renamed to National Policy Statement for Electricity Networks (NPS-EN)
The scope of the NPS-ET is proposed to be broadened to include electricity distribution, prompting a name change to the NPS-EN.
The NPS-EN proposes new and amended objectives and policies that, among other things, recognise the national significance of both transmission and distribution networks, support route selection, manage environmental effects, and enhance protection of electricity infrastructure.
National Environmental Standards for Electricity Transmission Activities (NES-ETA) renamed to National Environmental Standards for Electricity Network Activities (NES-ENA):
Proposed changes intend to allow more routine work on transmission networks across all environments, protect the network through National Grid Corridor provisions, and establish standards for maintaining and building electricity distribution assets.
National Environmental Standards for Telecommunication Facilities (NES-TF)
Key changes proposed to the NES-TF include:
updating permitted activity standards for infrastructure like poles, headframes, cabinets, and antennas, including to reflect updated permitted building heights under the medium density residential standards;
allowing new poles in more zones and removing road reserve restrictions; and
enabling renewable electricity generators and temporary facilities.
Package 2: Primary Sector
Amendments to existing national direction
New Zealand Coastal Policy Statement (NZCPS)
The Government is proposing amendments to Policy 6 aimed to enable the development of priority activities that have a functional or operational need to be located in the coastal marine area. The new wording of Policy 6 is aimed to soften how the “avoid” requirements in protection policies in the NZCPS are applied.
National Policy Statement for Highly Productive Land (NPS-HPL)
Key proposed changes include the removal of Land Use Capability (LUC) class 3 land (land with moderate productive value) from NPS-HPL protections immediately and extending the timeframe for mapping Highly Productive Land to 2027/2028 or pausing it until further direction is provided under the new resource management system.
Relating to mining and quarrying in the National Policy Statement for Indigenous Biodiversity (NPS-IB), NPS-HPL, National Policy Statement for Freshwater Management 2020 (NPS-FM) & National Environmental Standards for Freshwater 2020 (NES-F)
Key changes include making terminology more consistent across the national instruments, including for example, terminology used to describe quarrying activities. Also proposed are changes to gateway tests and consent pathways for quarrying and mining activities. This includes, in the NPS-IB and NPS-HPL removing the requirement for the benefit to be public – allowing any benefits to be considered, and in the NPS-FM and NES-F, adding “operational need” alongside functional need as a valid gateway test for mining and quarrying in or around wetlands.
Package 3: Freshwater
Amendments to existing national direction
National Policy Statement for Freshwater Management (NPS-FM) & National Environmental Standards for Freshwater (NES-F)
A new objective is proposed in the NPS-FM which would require councils to consider two key priorities: safeguarding the life-supporting capacity of freshwater and the health of people and communities, while also enabling social, cultural, and economic wellbeing, including productive economic opportunities. This objective would not establish a hierarchy between environmental protection and development, but instead direct councils to balance these outcomes equally.
There is also a proposed new objective making it clear that water quality and bottom lines do not need to be achieved or complied with immediately.
The Government is also proposing three potential options to rebalance Te Mana o te Wai, including removing it entirely.
In addition, the Government is consulting on several changes to wetland regulations under the NPS-FM and NES-F. These include defining and excluding “induced wetlands” (those unintentionally created by human activity) from wetland protections, unless identified as regionally significant. It also proposes to define “wetland construction” and introduce permitted activity standards for such projects and encourage wetland creation through new objectives or policies.
Comment
There are potential positives for developers in the package of proposals; which overall appear to have a distinct theme of rebalancing national direction in favour of development as opposed to environmental protection. However, several “thorny” issues appear to be parked until the wider RMA reform, and there is a real risk that potential system improvements may get lost amongst the wider proliferation (and associated increased complexity) of national instruments proposed.
If you have any questions about the proposed changes or would like to make a submission, feel free to get in touch with our team.
List of proposed national direction changes
Package | Type of Change | National Direction Instrument |
Package 1: Infrastructure and Development
| New Instruments |
|
Amendments |
| |
Package 2: Primary Sector | Amendments |
|
Package 3: Freshwater | Amendments |
|
Package 4: Going for Housing Growth | Govt. is working to confirm details of these proposals |
