The RMA Is Being Replaced: What It Means If You Own Land You Want to Develop

The short answer

• Parliament has passed two Bills that will replace the Resource Management Act (RMA), the main rulebook for building and developing land. They are awaiting Royal Assent.
• Nothing changes for your land today. The old rules still apply, but they start changing in small ways about a month after the laws are signed off.
• You'll probably still need council permission (a "resource consent") for bigger projects, like splitting your land or building several homes. Simple, small projects may need it less often.
• The new system can begin nationally or region by region. The statutory deadlines point towards late 2029 or early 2030 for most regions, and the Government intends the full system to be operating by 2030.
• If you're planning to develop, watch two stages: when the transition starts, one month after Royal Assent, and when your region publishes its new spatial, land-use and natural-environment plans.

What's happening, in plain English

Think of the RMA as a very old rulebook. For 35 years it has decided what you can build or change on your land, and when you need the council's permission first.

Many people, including the Government, say that rulebook became slow, expensive and confusing. The Government says New Zealand has more than 1,100 planning zones, each with its own rules.

On 22 September 2026, Parliament voted to replace it with two new laws: the Planning Bill, about land use and building, and the Natural Environment Bill, about protecting nature. They aim to make the rules simpler and more consistent, and to reduce how many things need permission.

It hasn't fully happened yet. Three things are still to come:

1. Sign-off. The Governor-General still has to approve the laws (Royal Assent). That's normally a formality, but it hadn't been recorded as of 25 September.
2. The detail. The laws set the framework. The specific rules, like exactly what you can build without asking, will be written later.
3. The switch. Each region needs to write a new plan first. Until then, the old rules keep applying there, with some changes.

Do I still need resource consent?

A resource consent is council permission for something the rules don't automatically allow, like splitting your land into more than one title or building more than the rules permit.

Often, yes. Officials estimate that around 45% of the consent and permit applications currently required under the RMA could become unnecessary. That's a forecast, not a promise, and it means most would still be needed. The reforms are intended to remove permission requirements for more ordinary, low-impact activities, but the final national rules have not yet been made. In our view, bigger projects, such as several homes on one site or land with hazards or overlays, are more likely to still need consent.

Protections stay for heritage buildings, sites important to Māori, natural hazards and specially protected landscapes.

What changes first (about late October 2026)

The transition period starts one month after Royal Assent. That's late October if assent is given this month. From then, the old law applies with some changes. For consent applications for building and land use on a site, councils must ignore:

• for homes: the amount of glazing, balconies, outdoor living space, internal layout, the size of a home, and the size of landscaped areas (except where it relates to permeability)
• competition with other businesses
• whether there's demand for the project, or whether it's financially viable
• the type of people who'll live there
• views from private property

The date you lodge matters. Applications lodged before the transition starts continue under the current rules. Applications lodged after are assessed under the changed rules. Ask your planner which suits your project.

Small breaches may become permitted. Councils can now confirm that a project which only slightly or temporarily breaks a rule about one of the ignored matters is permitted, so you may avoid a consent. It's the council's choice, and the confirmation lapses after five years if you don't start work.

Can I still subdivide my land?

You can still seek to subdivide under the rules that apply to your property. Under the future system, the Ministry for the Environment says subdivision will generally be allowed unless a national standard or local rule restricts it, with safeguards for natural hazards (like flooding) and infrastructure (like services, roads, etc.) That does not make subdivision consent-free today. Current requirements continue during the transition, subject to applicable amendments and new national standards.

What about my neighbours?

For district land-use applications lodged during the transition, neighbours may have fewer relevant grounds on which to participate. Councils can consider fewer effects, and the same shorter list applies when deciding whether to notify people about a consent application. If you're the one developing, that may make consents smoother. If you're a neighbour, expect fewer chances to have a say.

When will it actually change?

Dates depend on when Royal Assent happens.

These are deadlines, not minimum waits, so a region that finishes early could switch sooner. Some law firms expect the RMA to be fully repealed by late 2030. When your region switches, the old rules stop and the rules in the new draft plans start to apply, even if the plans aren't finalised.

Your regional plan matters early. Once your region's plan is decided, councils must consider whether a consent fits with it, even before the new system fully starts.

In Auckland, the Auckland Unitary Plan keeps applying until Auckland switches over. Auckland Council said in February 2026 that it supports a more efficient system, but wants local voices to have a stronger say.

What should I do now?

Other changes to know about

• New levies. The Government can set a levy on consents and registered permitted activities, to fund national rules and monitoring. No amounts are set yet, so allow for it on top of existing council fees.
• Rezoning may get easier. Once your region switches over, your council can choose to handle a rezoning request like a consent application, which could be faster than a full plan change. It's the council's decision.
• A new Planning Tribunal. It's meant to be a cheaper, faster way to settle disputes with councils. The Government's own transition timeline lists 2027 for the Tribunal, though the exact date is still to be confirmed.

What nobody knows yet

• Which activities won't need consent. That depends on national rules that haven't been finalised. Feedback on the current draft closes on 16 October 2026.
• What happens after the election. The general election is on 7 November 2026. The laws don't have cross-party support. NZ has been here before: a similar replacement law passed in August 2023 and was repealed by December 2023. NZ has been here before: a similar replacement law passed in August 2023 and was repealed by December 2023. The New Zealand Initiative says the detailed rules will be written later, and can be changed through set consultation processes without going back to Parliament. Environmental groups say the laws weaken nature protection and expect court challenges.
• How "regulatory relief" will work. If a rule seriously limits what you can do with your land (for example heritage or protected natural areas), the council may have to offer relief, like reduced fees or rates, extra development rights or money. It doesn't have to cover the full impact. How this works in practice is untested.

Words explained

• RMA (Resource Management Act): the current planning law, in place since 1991.
• Resource consent: council permission for something the rules don't automatically allow.
• Subdivision: splitting one piece of land into two or more titles.
• Zoning: the rules that say what can be built in an area, like homes or businesses.
• Regional spatial plan: a 30-year map of where a region will grow and where infrastructure and protections will go.
• Private plan change: a request to change the rules or zoning for your land.
• Royal Assent: the Governor-General's sign-off that makes a law official.
• Transition period: the time between the laws starting and your region switching to the new system.

Frequently asked questions

Is the RMA still in force?
Yes. The RMA applies until your region is switched to the new system. On the legal deadlines, that's unlikely before late 2029 for most regions. It changes in small ways from about a month after Royal Assent.

Will I still need resource consent?
Often, yes. The Government estimates about 45% of current consents could be removed, so most projects may still need one. Which ones are exempt isn't decided yet.

Can I still subdivide my land?
Yes. Subdivision will generally be allowed unless a national or local rule restricts it, with safeguards for hazards and services. Details aren't final.

What happens to my existing resource consent?
The reforms do not automatically cancel existing consents. Transitional extensions apply to qualifying consents, subject to specified expiry periods and exceptions. Check your consent’s conditions and dates individually, including any lapse deadline for implementing it. Do not assume every deadline is automatically extended.

Can I still ask for my land to be rezoned?
Yes, but from 1 January 2028 until your region switches over, councils can't publish a private plan change without ministerial exemption.

Will my neighbours be able to object?
They'll generally have fewer grounds, because councils can consider fewer effects, including when deciding whether to notify people.

Will there be new fees?
Possibly. The Government can set a levy on consents. No amounts are set yet.

What replaces the Auckland Unitary Plan?
A regional combined plan, but not until Auckland switches over. Until then, the Auckland Unitary Plan applies.

How we can help

At Creston Property, we track regulatory timelines like this as part of assessing what's possible on a site. If you own land in Auckland and want to know how these changes affect your options, get in touch or visit www.crestonproperty.co.nz.