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Planning Bill

Hearings to be held in public and protection of sensitive information

Schedule 1: Transitional, savings, and related provisions

You could also call this:

"How the new law will work with the old law during the changeover"

The Planning Bill has a schedule called 'Transitional, savings, and related provisions'. This schedule explains how the new law will work with the old law, the Resource Management Act 1991 (RMA). You will experience a transition period. During this time, some things will keep working under the old law. The government will make new rules and plans, like national policy directions and regional spatial plans, to help with the change to the new law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1035843.

This page was last updated on 12 December 2025 — View changes

Topics:

Environment and resources > Town planningGovernment and voting > Government departments

295: Hearing to be held in public and orders protecting sensitive information, or

"Hearings are open to the public, but sensitive information can be protected."

Schedule 2: Spatial plans, or

"Plans to help manage and protect our environment and communities"

1Transitional, savings, and related provisions Empowered by s 5

1Provisions relating to this Act as enacted

1Interpretation

In this Part, unless the context otherwise requires—
local authority means a regional council or territorial authority
specified transition date has the meaning given in clause 4(5)
transition period means the period—
1. commencing 1 month after Royal assent; and
2. ending on the specified transition date
RMA means the Resource Management Act 1991
RMA planning instruments means regional policy statements, district plans, regional plans, national policy statements, national environmental standards, and national planning standards.

2Explainer

When this Act and the Natural Environment Act 2025 receive Royal assent,—
activity under the Acts will be focussed on making national instruments and preparing planning instruments; and
the RMA continues to apply.

The transition period will start 1 month after Royal assent. During this period—
the RMA continues to apply subject to the amendments made to it in Part 1 of Schedule 11; and
national instruments will be issued, regional spatial plans will be notified and decided, and land use plans and natural environment plans will be prepared (in that order).

When the Minister is satisfied that the plans making up the combined plan for each region have been notified, an Order in Council will be made that specifies the transition date. That Order in Council brings an end to the transition period by—
repealing the RMA; and
bringing into force the remaining provisions of the Act; and
giving legal effect to all land use plans and natural environment plans.

This clause is only a guide.

3Commencement of transition period

The transition period commences on the date that is 1 month after Royal assent.
On the commencement of the transition period,—
the amendments to the RMA set out in Part 1 of Schedule 11 come into force; and
the RMA, as amended by Part 1 of Schedule 11, continues in force.

4Ending of transition period

The Governor General may, by Order in Council, on the recommendation of the Minister,—
specify the date on which the transition period ends for all regions; or
specify the date on which the transition period ends for 1 or more specified regions if the Minister is satisfied that it is no longer feasible to delay the application of the rest of this Act and the Natural Environment Act 2025 in those regions.

The date specified in an Order in Council made under subclause (1)(a) or (b) must be a date—
later than 31 December 2027; and
no sooner than 6 weeks after the Order in Council comes into force.

If an Order in Council made under subclause (1)(a) specifies the date on which the transition period ends for all regions, on that date,—
all notified plans that make up the combined plan for each region have legal effect; and
the provisions described in section 2(1)(b) come into force; and
the RMA ceases to apply; and
all RMA planning instruments cease to have legal effect.

If an Order in Council made under subclause (1)(b) specifies the date on which the transition period ends for 1 or more specified regions, on that date,—
all notified plans that make up the combined plan for each specified region have legal effect; and
the provisions described in section 2(1)(b) come into force but applies to the specified region only; and
the RMA ceases to apply to the specified region; and
all RMA planning instruments cease to have legal effect in the specified region.

The specified transition date is the sooner of the following:
the date specified by the Order in Council made under subclause (1)(a):
the date specified in the final Order in Council made under subclause (1)(b).

The RMA is repealed and all RMA planning instruments are revoked on the specified transition date.
In this section,—
final Order in Council means the Order in Council under subclause (1)(b) that will result in all notified plans that make up the combined plan for each region having legal effect
combined plan means the combined plan required by section 63.

First key instruments

5First key instruments under this Act and Natural Environment Act 2025

No later than 9 months after Royal assent—
the national policy direction under this Act must be issued; and
the national policy direction under the Natural Environment Act 2025 must be issued.

After the first national policy direction is issued under this Act,—
national standards setting the evidence base supporting combined plans required by section 58 must be issued within 9 months after Royal assent:
national standards on standardised provisions required by section 58 must be issued within 18 months after Royal assent.

After the first national policy direction is issued under the Natural Environment Act 2025—
national standards required by section 6.5(a), (b), and (d) of that Act must be issued within 9 months after Royal assent; and
national standards required by section 6.5(c) of that Act must be issued within 18 months after Royal assent; and
national standards required by section 6.8(1)(b) of that Act must be issued within 9 months after Royal assent.

After the first national policy direction is issued under this Act, a draft regional spatial plan for each region—
must be publicly notified within—
1. 15 months after Royal assent; or
2. 6 months after the first national policy direction is issued; and
must be decided (in accordance with sections 22 and 23) within 6 months after it is publicly notified.

Within 9 months after a regional spatial plan for a region is decided,—
each territorial authority in that region must notify a land use plan for public submissions; and
each regional council must notify a natural environment plan for public submissions.

However, a territorial authority that is located in 2 or more regions must notify a land use plan for public submissions within 9 months after the last relevant regional spatial plan is decided.

6Extension of time frame for first key instruments

The Governor-General may, by Order in Council, on the recommendation of the Minister extend the time frame specified in clause 5 that applies to a planning instrument described in that clause.
However, any such extension must not affect the order in which a key instrument is to be issued, notified, or decided as set out in clause 5.
An Order in Council under this section is secondary legislation.

7Process for national instruments that come into force within 9 months of Royal assent

This section applies to a national instrument that—
is required by clause (5)(1), (2), or (3) to come into force within 9 months after Royal assent; or
would otherwise come into force within 9 months after Royal assent.

The national instrument must be made in accordance with section 46 of this Act or section 70 of the Natural Environment Act 2025 (as the case requires), except that—
section 46(1) of this Act or section 70(1) of the Natural Environment Act 2025 (as the case requires) does not apply; and
those notified (under either Act) must be given 20 working days to make submissions on the subject matter of the proposal unless the Minister considers that further time is needed.

8Independent hearings panel for first land use plans and natural environment plan

This section applies in relation to the preparation of the first land use plans and natural environment plan in a region.
The relevant local authorities must—
jointly appoint an independent hearings panel for the region; and
before appointing the panel, be satisfied that the members of the panel collectively meet the requirements of any applicable direction under Schedule 4 of this Act.

The independent hearings panel appointed under this clause must be assigned to—
the first proposed land use plan for each district in a region; and
the first proposed natural environment plan for the region.

The relevant local authorities must, as soon as reasonably practicable after the panel is assigned,—
advise the Minister of the names of the panel members; and
publish (in the prescribed manner) the names of the members.

In this section, relevant local authorities means, in relation to a region—
the regional council; and
each territorial authority whose district is in all or part of the region.

9References to designations during transition period

This clause applies to during the transition period for the purpose of preparation for the first regional spatial plans and land use plans.
Unless the context otherwise requires,—
a reference in this Act to a designating authority must be read as a requiring authority under the RMA:
a reference in this Act to a proposed designation must be read as reference to a notice of requirement under the RMA:
a reference in this Act to an existing designation must be read as a reference to an existing designation in a district plan under the RMA.

10Spatial plans under Local Government (Auckland Council) Act 2009

This clause applies when Auckland Council gives public notice that it has adopted its first regional spatial plan under clause 1 of Schedule 5.
Part 6 of the Local Government (Auckland Council) Act 2009 is repealed on the date that notice is given.

Application for consents and notices of requirement before transition period

11Consent applications and notices of requirement lodged before transition period

The following applies to an application under the RMA for a resource consent or a notice of requirement that is lodged before the commencement of the transition period:
the application or notice must continue to be processed and determined under the RMA as it was immediately before this Act received Royal assent; and
if the application or notice is determined before the specified transition date, the application or notice, if granted, must be treated as an application or notice granted under the RMA; but
if the application is determined after the specified transition date and a resource consent is granted, on the date that the consent comes into force—
1. in the case of a land use consent or subdivision consent, the consent is treated as a land use consent or subdivision consent under this Act; and
2. in the case of a regional land use consent, discharge permit, water permit, coastal permit, the consent is treated as a land use permit, discharge permit, water permit, or coastal permit (as applicable) granted under the Natural Environment Act 2025.

Application for consents and notices of requirement during transition period

12Determination of consent applications and notices of requirement lodged during transition period

This clause—
applies to an application for a resource consent or a notice of requirement under the RMA that is lodged during the transition period; and
continues to apply to the application notice if it is not determined by the specified transition date.

The application or notice must continue to be processed and determined under the RMA as amended by Part 1 of Schedule 9.

Enforcement processes during transition period

13Enforcement processes under RMA continued

To avoid doubt, any enforcement process commenced under the RMA before the end of the transition period, in relation to the matter to which an application for consent or notice of requirement applies must be continued under the RMA as it was immediately before this Act received Royal assent.
In this clause, enforcement process means any abatement notice, infringement notice, enforcement order, or prosecution under the RMA.

Status of consents, permits, approvals on specified transition date

14How resource consents and approvals treated on specified transition date

This clause applies to a land use consent granted by a territorial authority, a subdivision consent, or approval that—
is granted or deemed to be granted under the RMA before or during the transition period; and
has not expired on the specified transition date.

On the specified transition date, the land use consent, subdivision consent, or approval—
is treated as land use consent, subdivision consent, or approval (as applicable) granted under this Act; and
has the same terms and conditions it had immediately before the specified transition date, except where its duration is extended by clause 17.

15Regional land use consent, discharge permit, and coastal permits

A regional land use consent, discharge permit, water permit, or coastal permit that is granted under the RMA before the specified transition date is, on the specified transition date,—
is treated as a land use permit, discharge permit, water permit, or coastal permit (as applicable) granted under the Natural Environment Act 2025; and
has the same terms and conditions it had immediately before the specified transition date, except where its duration is extended by clause 17.

16Resource consents treated as planning consent and natural environment permit

This clause applies to a resource consent that—
is granted under the RMA before or during the transition period; and
has not expired on the specified transition date; and
authorises activities that are regulated under this Act and the Natural Environment Act 2025.

On the specified transition date, the resource consent—
must be treated as—
1. a land use consent or subdivision consent (as applicable) granted under this Act; and
2. a land use permit, discharge permit, water permit, or coastal permit (as applicable) granted the Natural Environment Act 2025; and
has the same terms and conditions it had immediately before the specified transition date, except where its duration is extended by clause 17.

An application to vary the conditions of the resource consent or a council initiated review of those conditions must be considered or carried out—
by the regional council or territorial authority whose functions relate to the conditions; and
in accordance with this Act or the Natural Environment Act 2025 as applicable.

17Duration of certain existing resource consents extended

This clause applies to a resource consent that is due to expire during the period—
commencing on Royal assent; and
ending 24 months after the specified transition date.

The duration of the resource consent is extended to the date that is 24 months after the specified transition date.
Despite subclause (2), if the resource consent relates to water, the total duration of the consent cannot exceed 35 years.
Any conditions applying to the resource consent continue to apply unless a change to a condition is required as a consequence of extending the duration of the consent.
The consent authority must update the resource consent to record the extended expiry date under this clause, no later than 3 months after the specified transition date.
In subclause (3), a resource consent relates to water if it is—
a water permit within the meaning of section 87 of the RMA:
a discharge permit (within the meaning of section 87 of the RMA) authorising—
1. the discharge of a contaminant or water into water; or
2. the discharge of a contaminant onto or into land in the circumstances described in section 15(1)(b) of the RMA:
a land use consent under section 9 of the RMA that includes associated discharges.

This clause does not apply to an extant wastewater consent within the meaning of section 139B of the RMA.

18Replacement consents

To avoid doubt, section 164 applies to a resource consent to which clause 17 applies.
If an application to replace a resource consent to which clause 17 applies is made under this Act or the Natural Environment Act 2025 and the applicant seeks to suspend the processing of the application under the relevant provision,—
the territorial authority or regional council must not return the application or continue to process the application until after the new expiry date provided under clause 17; and
paragraph (a) applies regardless of whether the application was made before, on, or after Royal assent.

In this clause, relevant provision means—
section 164 in the case of an application for a planning consent; or
section 164 as applied by section 181 of the Natural Environment Act 2025, in the case of a natural resources permit.

Transfers of power, agreements, and arrangements under RMA

19Transfer of powers by regional council or territorial authority under RMA

A transfer of a power or function by a regional council or a territorial authority that is given effect to before Royal assent—
continues to have effect as if this Act had not been enacted; but
must be treated as if it were a transfer of function or power that is equivalent to a power or function under the Natural Environment Act 2025 or this Act.

20Existing joint management agreements

A joint management agreement made under the RMA that exists immediately before the specified transition date continues in effect.
However, the agreement must be treated as if it were a joint management agreement that relates to functions that are equivalent functions under—
this Act; or
the Natural Environment Act 2025.

21Mana Whakahono ā Rohe

A Mana Whakahono ā Rohe arrangement that exists or has been initiated immediately before this Act received Royal assent continues in effect.
However, the contents of the Mana Whakahono ā Rohe arrangement that relate to functions under the RMA must be treated as relating to equivalent functions under—
this Act; or
the Natural Environment Act 2025.

A Mana Whakahono ā Rohe arrangement means a Mana Whakahono ā Rohe arrangement entered into under subpart 2 of Part 5 of the RMA.

Continuation of regulations, instruments, approvals, and other matters under the RMA

22Emergency response regulations

Regulations made under section 331AA of the RMA that are in force immediately before the specified transition date continue in force until the date on which those regulations would expire in accordance with that section as if that section were still in force.

23Water conservation orders

The following water conservation orders, if in force immediately before the specified transition date, continue in force until revoked or varied by an order made under clause 15 of Schedule 4 of the Natural Environment Act 2025:
National Water Conservation (Ahuriri River) Order 1990:
National Water Conservation (Grey River) Order 1991:
National Water Conservation (Lake Wairarapa) Order 1989:
National Water Conservation (Manganuioteao River) Order 1989:
National Water Conservation (Motu River) Order 1984:
National Water Conservation (Te Waihora/Lake Ellesmere) Order 1990:
National Water Conservation (Rakaia River) Order 1988:
Te Puna Waiora o Te Waikoropupū Springs and Wharepapa Arthur Marble Aquifer Water Conservation Order 2023:
Water Conservation (Buller River) Order 2001:
Water Conservation (Kawarau) Order 1997:
Water Conservation (Mataura River) Order 1997:
Water Conservation (Mohaka River) Order 2004:
Water Conservation (Motueka River) Order 2004:
Water Conservation (Oreti River) Order 2008:
Water Conservation (Rangitata River) Order 2006:
Water Conservation (Rangitikei River) Order 1993.

A water conservation order that is not listed in subclause (1) and that is in force immediately before the specified transition date continues in force until revoked or varied by an order made under clause 15 of Schedule 4 of the Natural Environment Act 2025.

24Freshwater farms plans and related matters

An Order in Council made under section 217C of the RMA that is in force immediately before the specified transition date continues in force as if it were made under clause 5 of Schedule 5 of the Natural Environment Act 2025.
A freshwater farm plan certified in accordance with regulations made under section 217M of the RMA and in effect immediately before the specified transition date must be treated as a freshwater farm plan certified in accordance with regulations made under clause 15 of Schedule 5.
A person who immediately before the specified transition date is a certifier or auditor appointed by a regional council under section 217K of the RMA must be treated as a certifier or auditor appointed under clause 12 of Schedule 5.
An organisation that immediately before the specified transition date is an industry organisation appointed by the Minister under section 217KA of the RMA must be treated as an industry organisation appointed under clause 13 of Schedule 5.
The Resource Management (Freshwater Farm Plans) Regulations 2023 are continued after the specified transition date as if made under clause 12 of Schedule 5.
In this clause, Schedule 5 means Schedule 5 of the Natural Environment Act 2025.

25Continuation of specified regulations under RMA

The regulations specified in subclause (2)are continued after the specified transition date as if made under both:
section 307 of the Natural Environment Act 2025; and
section 281 of this Act.

The regulations referred to in subclause (1) are:
Resource Management (Forms, Fees, and Procedure) Regulations 2003:
Resource Management (Discount on Administrative Charges) Regulations 2010:
Resource Management (Infringement Offences) Regulations 1999.

The following regulations are continued after the specified transition date as if made under section 307 of the Natural Environment Act 2025:
Resource Management (Measurement and Reporting of Water Takes) Regulations 2010:
Resource Management (Marine Pollution) Regulations 1998:
Resource Management (Transitional, Fees, Rents, and Royalties) Regulations 1991:
Resource Management (Stock Exclusion) Regulations 2020:
Resource Management (Exemption) Regulations 2017:
Resource Management (Exemption) Regulations 1996.

The Resource Management (Network Utility Operations) Regulations 2016 are continued after the specified transition date as if made under section 281 of this Act.

Designations and requiring authority approvals

26Designations

A designation in place immediately before the specified transition date must be treated as a designation under Schedule 5 of this Act.
A requirement for a designation in progress immediately before the specified transition date must be treated as a proposed designation under this Act.

27Requiring authority status

An entity that is a requiring authority immediately before the specified transition date continues as a designating authority approved under Part 2 of Schedule 5 of this Act.
To avoid doubt, this clause includes any entity that has been deemed to be a requiring authority under the RMA.

28Requiring authority approvals

The following approvals, if in force immediately before the specified transition date, continue in force under Part 2 of Schedule 5 of this Act:
Resource Management (Approval of Auckland International Airport Limited as Requiring Authority) Order 1993:
Resource Management (Approval of Broadcast Communications Limited as Requiring Authority) Order 1992:
Resource Management (Approval of New Zealand Rail Limited as Requiring Authority) Order 1992:
Resource Management (Approval of New Zealand Transport Agency as Requiring Authority) Order 1992:
Resource Management (Approval of Queenstown Airport Corporation Limited as Requiring Authority) Order 1992:
Resource Management (Approval of Transpower New Zealand Limited as Requiring Authority) Order 1992:
Resource Management (Approval of Waikato Regional Airport Limited as Requiring Authority) Order 1992:
Resource Management (Approval of Wellington International Airport Limited as Requiring Authority) Order 1992:
Resource Management (Approval of Auckland Electric Power Board as Requiring Authority) Order 1992.

Subdivisions

29Records of title may be issued in relation to certain survey plans

The Registrar-General of Land may issue a record of title for any land that is shown as a separate allotment on a survey plan in accordance with clause 31(1) of Schedule 6 if satisfied that one of the following applies:
the record of title is issued to enable effect to be given to any agreement for sale and purchase, agreement to lease, or other contract to create an interest in land or a building or part of a building made before the commencement of the Resource Management Act 1991:
the survey plan—
1. has been deposited in accordance with section 306 of the Local Government Act 1974; or
2. was a Crown plan to which section 306(7) of the Local Government Act 1974 applied:
the survey plan has been approved under Part 25 of the Municipal Corporations Act 1954:
the survey plan—
1. has been approved under Part 2 of the Counties Amendment Act 1961; or
2. did not require the approval of the Council under that Part and was deposited under the Land Transfer Act 2017 after that Part came into force:
the territorial authority has given a certificate, signed by the principal administrative officer or other authorised officer, to the effect that the allotment is in accordance with a permission or permissions granted under Part 2 or Part 4 of the Town and Country Planning Act 1977.

This clause overrides clause 31(2) of Schedule 6.

Compare

1991 No 69 ss 226(1)

Continuation of Environment Court

30Continuation of Environment Court

A person who is a Judge of the Environment Court, an Environment Commissioner, a Deputy Environment Commissioner, a Registrar, or other officer of the court immediately before the commencement of this clause continues to hold their office subject to this Act.
All proceedings in progress or pending in the Environment Court operating under the RMA immediately before the commencement of this clause must be continued, completed, and enforced under that Act.
All jurisdictions, offices, appointments, Orders in Council, orders, warrants, rules, regulations, seals, forms, books, records, and instruments that relate to the Environment Court and originated under the RMA have full effect as if they had originated under the corresponding provisions of this Act and, as necessary, must be treated as having originated under this Act.

Jurisdiction of Planning Tribunal

31Planning Tribunal has jurisdiction to review specified RMA decisions

Part 2 of Schedule 11 comes into force on date specified by Order in Council (the appointed date).
On and from the appointed date,—
a right of objection to the consent authority under specified sections of the RMA is replaced with a right of review to the Planning Tribunal (see Part 2 of Schedule 11); and
review of a specified decision must be carried out in accordance with Schedule 10 of this Act instead of the RMA; and
any appeal or review of a decision for the Planning Tribunal in reviewing a specified decision, must be made under Schedule 10.

A right of review conferred under specified sections of the RMA may be exercised only in respect of specified decisions made on or after the appointed date.
The Planning Tribunal has jurisdiction to review a specified decision in accordance with Schedule 10, which applies as if a reference to a consent or permit were reference to a resource consent.
In this section, specified sections means sections 357(1), (3), (6), or (7) and 357A(1) of the RMA.