The Planning Act and Natural Environment Act introduce important transitional changes to the resource consenting process from 30 October 2026. Whether you're applying for a resource consent, managing an existing consent, or undertaking a building project, these changes may affect how your application is assessed.
The Planning Act and Natural Environment Act have now been passed into law and will eventually replace the Resource Management Act.
The Planning Act includes some amendments to the Resource Management Act (RMA), referred to as transitional consenting provisions, which will come into force on 30 October 2026.
The amended RMA will stay in place until all councils have prepared and notified their new Land Use Plans to replace existing District Plans, which is expected to be in around four years’ time. The new planning system will then take over from the RMA.
The key changes to the RMA for resource consents are:
- Additional procedural principles – new s18B
- Exclusions on matters able to be considered for resource consent application – new s104(1A)
- New permitted activity notice for out-of-scope matters – new s104AA
- Removal of the special circumstances test for public notification – s95A(9).
The new sections are explained below, along with information about how they will affect existing applications and consents.
The transitional consenting provisions are new to everyone. As a result, it’s likely that some things will need to be refined after 30 October 2026 as more guidance is released, other councils share their approaches, and the new provisions are applied to real projects. We welcome any questions or feedback you have for us along the way.
View more information about the Planning Act and Natural Environment Act.
Out of Scope effects
New s104(1A) limits the matters that district councils can consider when assessing the effects of a land use activity or notice of requirement for a designation. Certain matters must be disregarded, even where District Plan provisions refer to them. These matters are listed in the first column of the table below.
This means that some, or parts of, our District Plan rules, matters of discretion, and objectives and policies may no longer be relevant, or may only be relevant in a limited way, to resource consent assessments and decisions.
We’re currently in the process of identifying all of the affected rules and other provisions in our District Plan, as are all the other councils around the country. We’re working with other councils, NZPI, and the Ministry for Cities, Environment, Regions and Transport to achieve consistency where possible in interpreting and applying the provisions.
The Planning Act allows Council’s to amend their District Plans without going through a formal plan change process. We intend to annotate our District Plan, so it is easy for District Plan users to identify excluded 104(1A) matters, however we won’t be removing provisions from our District Plan at this stage. We may may consider doing this later, after a settling-in period for implementing the changes to the RMA.
It’s important to be aware that even if some rules will be annotated as being out-of-scope under s104(1A), this only excludes them from resource consent effects assessments. The rules will remain in the District Plan, so non-compliance with them will require either a resource consent, where there are other breaches, or a s104AA permitted activity notice, where the only breaches relate to identified out-of-scope rules.
| S104(1A) Out of scope matters | Examples of rules/provisions affected |
|---|
| For residential activities (unless its protecting historic heritage) |
| Area of glazing | - Windows to the street – requirement for % of street facing glazing
|
| Presence or absence of balconies | - Outdoor living space rules
|
| Outdoor living space | - Outdoor living space rules
|
| Internal layout | - Ground floor internal habitable space
|
| Size of a residential unit | - Minimum unit size
- Maximum floor area – including minor residential units
- NES-Detached Minor Residential Unit maximum floor area
|
| Size of landscaped areas (except in relation to permeability) | - Landscaped areas – requirement for % of a developed site to be landscaped (grass and plants)
- Landscape plantings Havelock Precinct (Slope Residential Area)
- Not tree planting or tree protection rules
|
| For all district land-use activities and notices of requirement |
| Negative effects on trade competition | - No specific plan provisions
|
| Effects on retail distribution | - Retail activity provisions relating to hierarchy and viability of commercial centres
- Not offices or other commercial activities, or where retailing is controlled for other reasons e.g. transport effects or residential amenity
|
| Lack of demand for or financial viability of a project | - No specific plan provisions
|
| Type of residents to be housed in a new development | - Definitions and rules for some types of housing, depending on wording
- Not visitor accommodation rules
|
| Views from private property | - Matters of discretion referring to views
|
s104AA Permitted activity notice for out-of-scope effects
Where proposals only breach rules that are out of scope under the new s104(1A), the Council may issue a s104AA notice stating that the activity is permitted and doesn’t need a resource consent. This notice has a 5-year lapse period. For building consent applications, we’ll include it in the PIM / Planning assessment.
Current applications lodged before 30 October
Resource consent applications lodged but not decided before 30 October must continue to be processed under the current RMA provisions. If you wish to utilise the new provisions, you will need to withdraw and resubmit your application after that date.
Applicants will still be responsible for the processing costs of withdrawn applications, but we’re making the re-application process as simple as possible. All you’ll need to do is:
- Ask the processing planner for your application to be withdrawn and re-lodged using the same documents already provided, or replacement documents if you want to amend the application.
- Identify the effects you believe are out of scope, and the corresponding provisions of the District Plan.
The application will be given a new RMA number, and the processing clock will restart. Additional costs may apply and each will be looked at on a case-by-case basis.
If you’re not sure what the new provisions mean for your application, check with your planning consultant or the planner processing your application.
Changes to consents granted before 30 October
Existing resource consents granted before 30 October 2026 may include conditions relating to matters that would be out of scope if the consent were reapplied for after the 30th of October. You may wish to apply for a s127 variation to amend your conditions to take advantage of the new out of scope exclusions.
Building consents
Some building consents and PIMs will have a s37 certificate requiring resource consent for only rules that have become out of scope, such as the size of outdoor living space or window glazing. In these cases, we'll be able to issue a s104AA permitted activity notice instead from 30 October 2026 onwards.
If you want to amend your issued building consent plans, you’ll need to apply for a variation or amendment to your building consent in the usual way. If you already have just a PIM and want to amend your plans, you can either apply for a new PIM or request a re-issue.
Additional costs may apply and each will be looked at on a case-by-case basis
s18B Procedural principles
These apply to resource consent assessments and decisions, and include cost efficiency, timeliness, succinctness, use of plain language, and being pragmatic and solution-focused. Actions must be proportionate to the scale and significance of the matter.
We’ll be reviewing our current processes and templates over the coming months to make sure the way we work aligns with these principles.
Last updated 3 November 2026, 03:20 pm
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