A month ago, the new Planning Act and Natural Environment Act received Royal Assent, marking the beginning of a 4 year, staged process to introduce the new planning system. From tomorrow, we’ll start to see the proof of the pudding as the planning system transitional period kicks off.
For our sector, the immediate message is one of continuity. Existing Resource Management Act 1991 (RMA) district plans, regional plans and consenting processes remain in place, but some consent applications will be assessed differently under the amended legislation.
What’s new from Friday 30 October 2026?
One of the key changes to the RMA is the introduction of out-of-scope effects for certain resource consent applications. Here’s a recap of the matters that councils can no longer consider when assessing relevant applications:
- Effects in relation to residential activities, specifically: the area of glazing, presence or absence of balconies, outdoor living space, internal layout, size of the residential unit and size of landscaped areas;
- Negative effects of development on trade competition and effects on retail distribution;
- Lack of demand for a project or its financial viability;
- The type of residents to be housed in a development; and
- Views from private property.
The changes are intended to narrow the scope of consent assessments and provide greater certainty for development. They don’t remove the need for consent where it would be otherwise required or override other applicable planning and environmental requirements.
Other key changes include the removal of the special circumstances test for public notification and the introduction of new procedural principles to guide decision-makers. The principles are designed to reduce the time and cost associated with requests for information. There are also changes to provide additional pathways for certain activities to proceed without resource consent where the relevant requirements are met.
What does this mean for our sector right now?
The changes are a lot for councils to get their head around in a short period of time. Some councils have decided to amend their district plan rules to remove out-of-scope provisions. Others are leaving their district plans as they are and will process consent applications without applying the out-of-scope standards that remain in those plans.
In either situation, applicants will be able to challenge councils on their consideration of out-of-scope effects and have the right to seek declarations from the Environment Court (until the Planning Tribunal is established in 2027).
For any existing or upcoming resource consent applications it will be important to contact your council early and keep open lines of communication. In some cases, it may be worthwhile to withdraw and relodge an application. The changes are new and un-tested and there is good but limited guidance available from Government. Patience and understanding in all directions will go a long way.
What’s still coming?
Over time, the new system is intended to provide more consistent planning rules, clearer development opportunities and a more focused consenting process.
Before we can realise these benefits, there’s a challenging yet exciting journey ahead, full of chances to influence where future growth should happen across the country, and to help shape a planning system characterised by consistency and certainty.
The 4-year path to a new planning system by 2030:
- 2027: Government will prepare National Policy Direction and national standards to help establish consistent requirements. Planning Tribunal established.
- 1 January 2028: Private Plan Changes will no longer be permitted.
- 2028: Councils will prepare the Regional Spatial Plan aspect of their Regional Combined Plans to bring together decisions about housing, infrastructure, business growth and environmental constraints over a 30-year-plus horizon.
- 2029: Councils will prepare the land use plan and natural environment plan aspects of their Regional Combined Plans (essentially replacing district plans and regional plans).
- 2030: All 17x Regional Combined Plans in operation. Integrated digital planning and consenting environment operational.
For more information about the new system and transitional arrangements, planning.govt.nz is the Government’s official source of guidance.
If there is a change of Government after elections, some aspects of new system may change, but it’s unlikely that the new legislation will be repealed.
You can help to shape your future
To keep up to date and to contribute to Property Council’s positions on national instruments and regional-level plans, please consider joining:
- our Planning System Taskforce (formerly known as Resource Management Taskforce), and/or
- any of our Local Government Taskforces – Auckland, Central North Island, Wellington or South Island.
To all of our existing taskforce members, thank you for your ongoing contribution!
Join our taskforces
Author | Samantha Lay Yee
Samantha brings a sharp policy mind and deep understanding of urban development to her role as Senior Advocacy Advisor. With a Master of Laws specialising in environmental law, she has built her career at the intersection of government, regulation and city-shaping policy.
Prior to joining Property Council, Samantha held a senior advisory role at Kāinga Ora where she led a complex investment management work programme. She also brings policy experience from the Ministry for the Environment and the Department of Internal Affairs. In those roles, she developed regulatory advice for Ministers and contributed to nationally significant urban development reforms. Her experience spans cross-agency collaboration, stakeholder engagement and translating complex policy into clear, actionable insights.
Analytical, thoughtful and highly respected, Samantha combines strategic thinking with a practical approach – helping shape policy settings that enable better outcomes for New Zealand’s built environment.
