Project overview
EDS is conducting research to inform new and enduring resource management laws.
The Resource Management Act 1991 (RMA) has been at the heart of New Zealand’s system for land use planning and managing the environment for over three decades. But it has many problems, not least that it has failed to protect the natural environment from significant degradation.
The previous Labour government replaced the Act with new legislation, which was promptly repealed in 2023 (and the RMA reinstated) by the National-led coalition government. In its ‘phase 3’ reforms, the government now intends to replace the RMA with two new statutes of its own: a Planning Act and an Environment Act. While the details of this system will remain uncertain until legislation is introduced to Parliament at the end of 2025, we know it will be radically different from the RMA in several ways. Among other things, the intention is for the enjoyment of property rights to be a driving force.
In this report we explore seven key shifts that are being proposed in Phase 3: a narrower system focused only on managing ‘externalities’; a new framework for regulatory takings (where compensation needs to be paid for some regulation); splitting the RMA into statutes for planning and environment; a new set of purposes and principles; a framework for environmental limits; statutory spatial planning; and a more standardised system (including greater use of permitted activities). We identify significant risks if these shifts are executed poorly. But there are also many valuable opportunities if done well. It is crucial that we get this round of reform right, or we risk an ongoing, expensive and disruptive cycle of repeal and enactment as governments change.
[A] truly excellent piece of work and unpacks the seven issues/themes in a very comprehensive, compelling and clear way. The depth and clarity of analysis along with illustrative real-world examples, makes this an incredibly important voice in the process and should be compulsory reading for MfE’s Phase 3 advisors…
(Review of senior council planner, July 2025).
Please contact Dr Greg Severinsen at greg@eds.org.nz for further information.
We thank Forest and Bird and the Borrin Foundation for supporting this project.
