Changes to RMA national direction: What it means for the energy sector

  • Legal update

    24 June 2025

Changes to RMA national direction: What it means for the energy sector Desktop Image Changes to RMA national direction: What it means for the energy sector Mobile Image

Last month, the Government released a suite of proposed amendments to existing national direction under the Resource Management Act 1991 (RMA), alongside several new instruments. These proposals are grouped into three ‘packages’: Infrastructure and Development, the Primary Sector, and Freshwater. The Infrastructure and Development package directly impacts the energy sector, aiming to streamline the development and maintenance of energy-related infrastructure. In particular, this package recognises that the transition from fossil fuels to renewable energy generation (REG) requires a significant increase in the number of REG sites and a proportionate increase in the capacity and development of the electricity network. These concerns need to be better provided for in national direction instruments. Below is a summary of the key changes and their implications for stakeholders.

These changes will be relevant to decision making on resource consent applications for renewable energy projects and for the preparation of district plans. 

National Policy Statement for Renewable Electricity Generation (NPS-REG)

The proposed amendments to the NPS-REG aim to strengthen the role of renewable energy in reducing emissions, enhancing infrastructure resilience, and supporting community wellbeing. They include new directive policies to better enable REG and protect existing REG assets. In particular, policy amendments will direct decision-makers to:

  • Enable REG activities where environmental impacts can be managed. 
  • Acknowledge the benefits of REG, and recognise that these benefits are reinforced when REG infrastructure is located near existing electricity networks, and when environmental impacts are managed. 
  • Recognise the importance of supplying REG to all regions.
  • Provide for small-scale and community-scale REG. 
  • Recognise the operational or functional need for REG infrastructure to exist in particular environments. 

Decision-makers would also be directed to consider the effects of other activities on REG. For example, there is a requirement to consider the impact of subdivision and development on REG capabilities and to protect REG assets from other incompatible activities. Finally, there is also provision for Māori interests to be acknowledged in REG activities by recognising views of tangata whenua in decision making on REG and encouraging their involvement and investment. 

National Policy Statement on Electricity Transmission (NPS-ET) - renamed National Policy Statement for Electricity Networks (NPS-EN)

The Government is also proposing amendments to the NPS-EN, with its scope expanded to include electricity distribution and transmission. A key purpose of this change is to recognise that increases in the number of REG sites will require expansion of electricity networks. The changes aim to protect electricity networks while managing their environmental impacts. To this end, the NPS-EN amendments would require decision-makers to, amongst other things, recognise the benefits of electricity networks and provide for their operational or functional needs. 

New and amended policies are also proposed to guide consideration of the environmental effects of a proposed electricity network. These include recognising the role of Transpower and electricity distributors in selecting a preferred route for networks, considering whether adverse effects have been appropriately managed through route selection and importantly, recognising that some effects, including certain effects on amenity, are unavoidable.

National Environmental Standards for Electricity Transmission Activities (NES-ETA) - renamed National Environmental Standards for Electricity Network Activities (NES-ENA)

The revised NES-ENA introduces a more permissive framework for developing electricity distribution networks. It will be broadened to include the construction of new electricity distribution infrastructure. The revised standards aim to reduce regulatory barriers and accelerate infrastructure upgrades, including support for electric vehicle (EV) charging infrastructure. Notable amendments include: 

  • Establishing uniform ‘National Grid Subdivision Corridors’ and ‘National Grid Yards’ to regulate land use near electricity network lines. 
  • Relaxing limits on the size and number of electricity network structures and accessories such as conductors, cables, and signage. 
  • Allowing for electricity-related vegetation clearance and earthworks, subject to safeguards for natural and historic heritage areas. 
  • Establishing a broad range of permitted activities (subject to size, location and noise related conditions) for:
    • Constructing new electricity network lines and cabinets.
    • Adding conductors, cables, wires, poles and telecommunication devices to existing electricity network structures.
    • Replacing, maintaining and adding underground conductors to existing electricity network lines. 
    • Altering existing electricity network lines (including ‘undergrounding’ them).
    • Modifying buildings for sensitive activities within the National Grid Yard.
    • Installing accessory buildings and utilities within the National Grid Yard. 
    • Carrying out earthworks within the National Grid Yard.
    • Constructing or altering buildings within 30m of electricity network lines.
  • Establishing a restricted discretionary activity for subdivision within a National Grid Corridor. 

The proposed NES-ENA also includes provisions to support the rollout of EV charging infrastructure. It plans to create permitted activities for both private and public EV infrastructure. Charging stations will be permitted subject to local zoning requirements and conditions on size, location, noise, earthworks and quantity.

Other changes

The Government is also seeking feedback on a new National Policy Statement for Infrastructure (NPS-I). It will relate to energy projects not covered by the other policy statements (such as constructing pipelines to transport petroleum or gas) as well as general infrastructure and "infrastructure-supporting activities" (such as quarries and other services that support the construction and operation of infrastructure assets). The new NPS will require decision-makers to recognise the benefits of infrastructure and specifically provide for its "efficient and timely delivery".

Amendments are also proposed to the New Zealand Coastal Policy Statement (NZCPS) to make it easier to develop energy infrastructure in the coastal environment. This includes:

  • Recognising the importance of energy infrastructure in the coastal environment.
  • Supporting the development of renewable marine energy sources like wind, waves, and tides.
  • Acknowledging the functional and operational needs of infrastructure in the coastal marine area.

The proposed amendments to the NZCPS broadly align with the objectives of the proposed Offshore Renewable Energy Bill, which awaits its second reading and is expected later this year. The bill aims to enable renewable electricity generation off New Zealand’s coastline.

Significance 

We expect these proposed amendments to significantly improve the consenting environment for energy sector developers, particularly those involved in REG and electricity networks. For REG projects (both large and small) the reforms aim to reduce timeframes and costs by streamlining processes and increasing the likelihood of consent approvals. The enhanced policy support is expected to strengthen protections for existing infrastructure, improving long-term certainty. Electricity network developers, including electricity distribution businesses and operators, are likely to benefit from clearer policy direction and a broader scope of permitted activities.  

Consultation on the proposals is underway and closes on 27 July 2025. We anticipate that there will be significant interest from many different stakeholders and the proposals will be refined through the consultation process. We encourage stakeholders to review the proposals in detail and lodge submissions to ensure their views are taken into account before they are finalised and come into force (likely later this year). Please contact one of our environment, planning and resource management experts if you would like help with this.

 

This article was co-authored by Harry Bird (Law Clerk) from our Environment team.