Letter from Hon Chris Bishop regarding Phase 3 of the Government’s RMA Reform programme

31 March 2025

Greetings,

I am writing to update you on the progress the Coalition Government is making to improve the resource management system, particularly in relation to Phase Three of our reform programme.

On 24 March 2025, Cabinet agreed to replace the Resource Management Act 1991 (RMA) with two new pieces of legislation:

• The Planning Act – focused on regulating the use, development and enjoyment of land

• The Natural Environment Act – focused on the use, protection and enhancement of the natural environment.

On Friday, I announced further detail on the approach to reform, including a refocused approach to national direction under the RMA through Phase Two of our reforms. You can read my speech on the Beehive website

New Blueprint to replace the RMA

Last year, the Government set ten principles for the new resource management system. In September 2024, we established an Expert Advisory Group (EAG) to test and further refine these principles, and to develop a blueprint for reform.

The EAG delivered its blueprint earlier this year. It provides a workable package of 21 recommendations that address the main failings of the RMA and deliver a system that will make it easier to get things done in New Zealand, better recognise property rights, and improve environmental protection.

Cabinet has agreed that the EAG blueprint delivers a workable basis for a new planning system and has made in-principle decisions on a range of new features for the system, drawing upon the blueprint.

I encourage you to read the EAG blueprint which has been published on the Ministry for the Environment’s (the Ministry’s) website

The cabinet paper noting Cabinet’s decisions on the EAG report can be read on the Ministry’s website

Next steps and further information

Over the next few months, detailed policy work will be undertaken by government agencies to implement Cabinet’s decisions. As part of this process, agencies will be consulting with local government, iwi and key stakeholders to provide good advice to Ministers.

I would welcome your participation in this process.

This is a once-in-a-generation opportunity to get RMA reform done properly and comprehensively. I want to stress to you that the government is intent on serious reform. A shift from a precautionary to a more permissive approach to resource management will unlock development opportunities, streamline processes, and enhance New Zealand’s ability to meet its housing, infrastructure, and environmental objectives.

We are aiming to introduce two Bills in Parliament in late 2025 with a view to Parliament enacting these in mid-2026. We intend to engage with the Opposition during this process.

Rescoped National Direction

Cabinet has also reconsidered the scope of the national direction programme in light of the swift progress we have made on Phase Three of our reform programme. Last year I announced that we had decided to progress proposals on 21 national direction instruments.

Given the complexity of Phase Three reform, we will now be focusing on targeted proposals for 16 instruments that will have immediate impact on the resource management system while the new resource management system is developed and implemented.

We expect to release consultation documents relating to the national direction programme by mid-year 2025. You can find a fact sheet on the national direction on the Ministry’s website

Thank you for your engagement on this important programme of reform.

Yours sincerely, 

Hon Chris Bishop 
Minister for Responsible for RMA Reform
Cc: Simon Court MP, Parliamentary Under-Secretary to the Minister Responsible for RMA Reform

Update from Kāinga Ora

Following the recent Government announcement, we are keen to share some information with you about the new plan for Kāinga Ora and how it will impact the work we do.

After several years of rapid growth, during which the mandate for Kāinga Ora expanded significantly, we’re going back to basics and refocusing on our core mission of providing social housing for those in need and being a good, supportive landlord to tenants and communities.

This reset is necessary and will help with our long-term financial sustainability. We need to focus on being a good landlord who looks after its tenants, a good neighbour who engages well with the community, and a common-sense developer who invests wisely and builds at a financially sustainable pace.

Kāinga Ora will continue to deliver new social housing – to either add to the state housing stock in places where more homes are needed or to replace existing homes at the end of their life. Over the two years to 30 June 2026, we will be adding 2,650 homes to the state housing stock, increasing the total number of state houses throughout Aotearoa to around 78,000. In the same time frame we’ll be renewing 3,000 of our existing homes through significant renovation, redevelopment, or by selling the home and building elsewhere.

We have a backlog of poorer quality, older homes that are expensive to maintain and can lead to poor health outcomes for our tenants. In the coming years, we are therefore turning our focus from growing our housing numbers to improving the quality of our housing portfolio. Our goal is to complete 11,500 renewals by the 2030 financial year and renew all pre-1986 homes within 30 years.

We've been seeking out the best, most cost-effective ways to deliver social housing, increasing the use of our Housing Delivery System and optimising our construction plans. We are now looking to reduce our build costs further by removing some of the additional requirements attached to social housing builds. Our aim is to deliver good quality homes at a cost that aligns with the market.

We’re mindful any dollar wasted is a dollar that could have been spent on social housing for the people in our communities who need it so we’re driving down costs by taking a more disciplined approach to spending. We’re working to right-size the organisation and ensure we get value for money for every dollar spent.

By streamlining our delivery teams with the creation of our Housing Delivery Group, we are driving a clearer and more consistent way of working with our build partners. This business group became effective at the beginning of February, and you’ll start to hear more about how it operates as processes are put in place. We’re open to new or refined build partner models and are always keen to get your feedback on how we can work together more effectively.

As part of our cost savings, we are transforming how we plan and deliver the maintenance work required on our housing portfolio, aimed at ensuring we do the right work at the right time. We’ll have new systems and controls providing much-improved planning and scheduling of maintenance and retrofit work.

As we work to implement the new plan for Kāinga Ora, we will keep you updated on any changes that might directly impact you. In the meantime, you can find more information about the plan on our website and in the Government announcement.

Thank you for your continued support.

Ngā mihi,

Matt Crockett, Chief Executive, Kāinga Ora – Homes and Communities

Caroline McDowall, General Manager, Housing Delivery Group

Resource Management Journal November 2024 issue

As we wrap up 2024, our final RM Journal edition of the year offers a treasure trove of insights and ideas —perfect for exploration as we approach the holiday season and the year’s end. We are delighted to present a wonderfully diverse group of contributors, including planners, lawyers, economists, law students, technical experts, and His Honour Chief Environment Court Judge Kirkpatrick, all of whom have generously shared their expertise and perspectives.

This edition centres on one theme: reform. It’s been a year marked by intense discussions and submissions on the future of our Resource Management System. These conversations have been shaped by the work that preceded the Natural Built Environment Act 2023, which was repealed in December 2023.

Proposed government agency cost recovery rates for Fast-track Approval applications: for feedback

We have been approached by the Ministry for the Environment (MfE) as they think RMLA members' might be interested in proposed government agency rates for recovering its costs associated with Fast-track Approvals processing. MfE is coordinating this on behalf other central government agencies and Crown Entities that will be involved in the Fast-track Approvals process (FTA).  

This follows earlier targeted engagement that took place in October on the proposed FTA application fees (downpayments), levy rates, and financial contribution amounts to be made to certain Māori groups.  

As the next phase of this work, MfE are now seeking feedback on each of the agencies' proposed rates (outlined in slides 7-17 below). Each agency can set their own actual and reasonable rates, which will contribute to the total overall fee charged to applicants.

For those interested, we would appreciate it if you could take a minute to fill out the short survey below to tell MfE what you think the appropriate rates are. Please complete before midday Friday 13 December to that we can collate and forward to MfE early the following week.

Fast-Track Approvals Bill - Fees for Expert Panel Members

Thank you to those members who provided recent feedback via our member survey. We had over 200 responses and you can read our response to the Ministry for the Environment here:

• There is strong consensus that panel members, especially experienced professionals should be remunerated at or more than their standard market rates, which vary considerably and respectively within each profession (i.e. there are no standard market rates).

• Daily rates for lawyers were often cited between $2,000 and $5,000 (excluding gst), with the maximum daily rate being $8,000 (excluding gst)

• Non lawyer specialists, including te ao Māori experts, have daily rates ranging between $1,600 and $4,800 excluding gst

Key themes/comments from our respondents can be summarised as:

• The current fast track consenting rates fail to attract experienced and high-caliber professionals, especially given the demanding and high-pressure nature of fast-track panels. Even mid-low market rates are widely viewed as unsustainable and inadequate to attract the level of expertise required for the new FTA.

• There is a need for differentiated rates based on the role (e.g., panel chair vs. panel members) and expertise (e.g., lawyers, planners, technical specialists).

• There is a need for remuneration to account for pre-hearing preparation, travel, accommodation, and other disbursements, which are often excluded from current rates. The extensive time spent on reading, deliberations, and decision drafting is emphasized as being inadequately compensated under flat daily rates, with a preference for hourly billing or adjustments for the actual time worked.

• Respondents suggest that slightly higher-than-market rates or flexible arrangements (e.g., part-time commitments) could help attract a broader and more diverse pool of candidates.

• Respondents argue that under-compensating panel members risks compromising the quality of decisions, which could lead to inefficiencies, delays, or suboptimal project outcomes.

What is Heritage?

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View the expert panel presentation and discussion that took place in Auckland on Thursday 14 November 2024

Celebrating the Career of Environment Court Judge Brian Dwyer

Environment Court Judge Brian Dwyer will officially retire on the 4th of December but will be farewelled by RMLA & NZPI, at a special retirement function on November 11.

Judge Brian Dwyer was admitted to the Bar in February 1973, working under the (1953) Town & Country Planning Act. This Act was soon updated in 1976, and then in 1991 the Blenheim based solicitor began working under the RMA. He jokes that he’s now retiring because he can’t face the prospect of having to learn how about a new one. Brian will officially retire on the 4th of December but will be farewelled by RMLA and NZPI, at a special retirement function on November 11.

When asked about his career Brian says the variety in his work has been incredible. As a judge he’s presided over everything from neighbourhood disputes over a garage, to chairing the Board of Inquiry for Transmission Gulley. He’s also grateful for the staff he’s worked with in the Court system. He says the commissioners have been wonderful and his judicial colleagues have always been there to assist if he ran into any thorny issues.

Brian was born in Blenheim but has also worked extensively out of Picton. In 1992 he says he was fortunate to have been appointed as counsel to the Marlborough District Council. At this time he recalls there was something of a “gold rush” of people wanting to establish marine farms in the Sounds, and at one point there were over 100 appeals to these applications before the Environment Court. For very appeal Brian says there were multiple parties; neighbours, recreational boaties, environmental groups and iwi / hāpu who had a significant interest. “It was a quick way to learn”.

The Judge was appointed to the Environment Court in September 2006 and has actively served in this role for the last 18 years. When asked about the Environment Court system Brian says it’s important to have an independent decision-maker in these important processes. “I think the Environment Court does a good job but any court process is seen as bringing costs and delays”. He explains that any judicial body has obligations where everyone who wishes to, has the right to be heard. These hearings require the alignment of schedules and court time. But “If you want an independent arbiter of outcomes this is the price you pay. If it was easy we would do it quickly”.

Brian and his wife live in Waikawa Bay, just northeast of Picton, with Derek the caboodle who “has taken over from the children who are long gone”. The pair have an “old Sounds launch” that they love to take out into the Sounds for up to two weeks at a time. He says they want to travel now that he has the time but are also focused on exploring the 1,600km of coastline in the Marlborough Sounds, enjoying the walking tracks, and spending more time in their boat.

We’re pleased to extend an invitation to you to attend a special occasion in honour of Judge Brian Dwyer. To mark this important milestone and to celebrate his numerous contributions to the Environment Court and the legal profession, a Judicial Retirement Celebration will be held on Monday 11th November, hosted by RMLA and NZPI.

Date: Monday 11 November

Time: from 5:00pm

Hosted by: Buddle Findlay

Address: AON Centre, 1 Willis Street, Wellington

For catering purposes, we kindly request that you RSVP before the 6th of November here.

Health and Wellbeing

Relaxation through sound

Progress update from Minister responsible for RM Reform

The Minister Responsible for RM Reform, Chris Bishop, has written to stakeholders, including RMLA Members, with a progress update on the changes to the resource management system “in order to meet the Coalition Government’s objective for a faster growing, more productive economy”. You can read the full letter below.

(Note: the letter is dated 14 October but should be 10 October).

President’s report, AGM and announcement of new National Committee

Our Annual General Meeting took place on Friday 20 September 2024 at the Interwoven Futures Conference in Ngamotu New Plymouth.   A copy of the Minutes from the AGM can be viewed here.

As expected, it has been a very busy year for everyone in the industry, our members and those people that give their time as volunteers. This includes those many members from our National, Regional Committees, Editorial and Pou Kaitiaki committees; the experts who all contributed to our submissions on legislation and policy; our truly wonderful sponsors; and of course the Conference Coordinating Committee and the team of professionals from Conference Innovators for delivering an exceptional conference.  

We literally could not run the organisation and serve our members without you all and I give my sincere gratitude.  It takes a team and collaborative approach, and I encourage you to read my President’s Report below as there are too many individuals to mention here.  

Regarding the National Committee, I am pleased to confirm the committee members for the 2024/2025 term as follows: 

1. Doug Fairgray

2. Julia Wick

3. Heike Lutz

4. Andrew Schulte

5. Ben Farrell

6. Clare Lenihan

7. Kate Stubbing

8. Barbara Mead

9. Alan Moss

10. Lauren Wallace

11. Tania Ruru- Dons

12. Rebekah Te Rito

13. Sarah Stevenson

I am looking forward to working with everyone over the coming 12 months.  

Ngā mihi nui,
Ben Farrell, President, RMLA

(Photo L-R: Rebekah Te Rito, Kate Stubbing, Alan Moss, Julia Wick, Sarah Stevenson, Barbara Mead, Doug Fairgray, Clare Lenihan, Lauren Wallace, Andrew Schulte, Jesse Mulligan, Michelle Behrens, Ben Farrell)