Author: Laura Taylor – Consultant – Projects and Sustainability
Of particular interest to the Projects and Sustainability team at Stradegy, including myself, Cameron Burton, and Brad Lawson, are the RMA system changes affecting our clients, especially proposed improvements to the consenting process and the importance of subsequent management of compliance with these conditions once the decision is received.
You may not yet be aware that on December 9, 2024, the Resource Management (Consenting and Other System Changes) Amendment Bill was introduced to Parliament as part of the broader RMA reform. The bill passed its first reading on December 17, 2024, and has been referred to the Environment Select Committee, which is expected
to report back to Parliament by June 17, 2025.
The closing date for submissions was Monday 10 February 2025 with hearings to follow. The bill proposes significant changes to the Resource Management Act 1991
(RMA) across five key themes, including infrastructure and energy, housing growth, farming, and the primary sector. It aims to streamline consent processes, while also enhancing enforcement measures, increasing penalties for non-compliers, and addressing key environmental and economic priorities in New Zealand’s resource management system. Regarding the consenting process, the bill introduces several key modifications.
Councils will now have the authority to return incomplete applications if applicants fail to provide the requested information within three months. Consent authorities must assess specific matters before requesting further information, ensuring requests are proportionate to the project’s nature and significance. Additionally, applicants will have the opportunity to review draft consent conditions before decisions are made.
The bill also stipulates that hearings must not be held if councils have sufficient information to decide on an application. In outlining the proposed changes to compliance and enforcement, the bill proposes substantial updates of interest to our readers.
Maximum fines for non-compliance have been increased to $10 Million for companies and $1 Million for individuals. The bill also prohibits insurance contracts from covering
RMA fines or infringements, ensuring that violators bear the full financial consequences of their actions.
Also of interest is that Consent authorities will now be able to consider an applicant’s history of non-compliance when making decisions, potentially affecting repeat offenders. This change means that compliance with consent conditions could have a direct impact on securing resource consent in the future. Stradegy can assist with consent implementation and evidencing good practice now for use during your next resource consent replacement.
The ability to demonstrate and manage compliance expectations throughout the term of your consent is now a critical step in outlining processes and procedures within your business. Previously, it could be considered that the lack of significant penalties and insufficient monitoring resources within councils meant that compliance with conditions of consent was often seen as optional. This led to low to medium-range non-compliance with significant cumulative effects resulting in minimal to no consequences.
With these possible changes on the horizon and given the current regulatory climate, our experienced Projects and Sustainability team at Stradegy demonstrates a diverse range of skills for adapting to new regulatory landscapes and can provide an end-to-end service from preparation of consent applications to compliance implementation. With expertise in project management, regulatory reporting, compliance monitoring, consent implementation, environmental sampling and monitoring, environmental management plan preparation, and compliance road mapping, our team is well-equipped to assist clients in understanding and implementing your consent conditions from inception to completion, and everything in between.
Sources: Fact Sheet – RMA 2nd Amendment Bill. pdf Resource Management (Consenting and Other System Changes) Amendment Bill | Hobec Resource Management (Consenting and Other System Changes) Amendment Bill – New Zealand Parliament RMA Bill 2 Key Changes to the Resource Management System | Articles | Cooney Lees Morgan.
