The Resource Management (Consenting and Other System Changes) Amendment Act 2025 (Amendment Act) came into force last week introducing changes to enable infrastructure, renewable energy and housing projects, a streamlined process for removing heritage protections, and placing more weight on natural hazards.

The Amendment Act also introduces substantial changes to enforcement provisions which we highlighted in our earlier article. 

This article focuses on key changes to urban development, natural hazards, and planning laws, which signal a marked shift in the legislative framework for New Zealand’s urban growth strategy. 

Plan changes to be stopped and withdrawn

A late-stage change to the Amendment Act introduced sweeping restrictions on council-led plan changes under the Resource Management Act.

From 21 August 2025 until 31 December 2027, councils are prohibited from notifying new plan changes or progressing most existing ones. During this period, statutory obligations to conduct 10-yearly plan reviews, and to notify changes in line with the National Planning Standards, are also suspended. Council plan changes already notified must be publicly withdrawn as soon as possible, and no later than 90 days after commencement of the Amendment Act, except where hearings are scheduled before 28 August 2025. 

These restrictions do not apply to planning instruments that: 

• use the Streamlined Planning Process, Intensification Streamlined Planning Process or Freshwater Planning Process; 

• implement national policy statements requiring action before 31 December 2027 (provided they were made after commencement); 

• are classified by the Minister for the Environment (Minister) as proposals of national significance; 

• relate to natural hazards; 

• amend regional coastal plans for the Kermadec and Subantarctic Islands; 

• give effect to obligations under a Treaty of Waitangi settlement, the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, or the Marine and Coastal (Takutai Moana) Act 2011.

Councils may also apply to the Minister for an exemption from the plan change pause. In considering whether to grant an exception the Minister must be satisfied that it would fulfil one of a range of criteria. These criteria include; infrastructure needs, alignment with legislation, rectification of unintended or inefficient consequences, climate adaptation needs, erosion risk management, Treaty obligations, or “any other reason” the Minister considers appropriate. Councils must give effect to the Minister’s decision on an application for exemption within 10 working days. 

Private plan changes are not affected and can continue to be processed under the existing provisions. 

Provisions to manage natural hazards to have immediate legal effect 

The Amendment Act specifies that any proposed plan changes in relation to natural hazards will have immediate legal effect from the date of public notification. Councils will therefore be able to respond faster to emerging risks and prevent development in areas subject to hazards before plan changes have been through the submission and hearing process. 

Consent authorities may also reject applications for subdivision consents or land use consents where the risk of natural hazards is deemed significant. In doing so, they will consider the likelihood of natural hazards occurring, the material damage to land or structures that may result, whether the proposed use of the land would accelerate, worsen or result in material damage, and any effects on the health and safety of people. 

Streamlined process to de-list heritage protections 

Councils may also apply to the Minister for a direction allowing use of the Streamlined Planning Process (SPP) to remove a heritage protection within their district plan. Councils will be required to prepare the plan change and demonstrate how it has considered the Minister’s expectations, including criteria related to heritage significance, the building’s physical condition, current or proposed use, and whether the owner agrees to the removal of the heritage protection.

The Amendment Act specifically removes the Gordon Wilson Flats in Wellington from the heritage list, enabling demolition of this building.

New regulation-making powers

The Amendment Act also enables the Minister to modify or remove provisions from policy statements or plans (through recommendations to the Governor General) if:

• the provisions negatively affect economic growth, development or employment; 

• the provisions did not fulfil an obligation under a treaty settlement, the Marine and Coastal (Takutai Moana) Act 2011, Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019, or a Mana Whakahono a Rohe or joint management agreement; 

• the modification does not prevent provisions from giving effect to a national policy statement; and

• the modification does not make the plan inconsistent with a national environmental standard. 

The Minister must investigate and report to the local authority on the negative economic, development or employment impacts of the provisions prior to modifying or removing them. The Minister must also consult with any persons or groups “likely to be affected” such as iwi or landowners/occupiers before recommending any regulations.

When such a modification takes place, local authorities have an obligation to give notice of the changes and give effect to them. This power is for a limited time frame, and remains in force until 31 December 2025.

The Minister (through recommendations to the Governor-General) may also make emergency response provisions for the purpose of:

• responding to a natural hazard event or other emergency in an area; and 

• enabling recovery efforts in the affected area (including any work required to improve the resilience or standard of assets). 

Intensification and housing capacity in Auckland 

As previously reported, the Amendment Act provides bespoke processes for Auckland and Christchurch local authorities to withdraw their proposed intensification plan changes. This means these councils do not have to comply with the Medium Density Residential Standards. 

Christchurch City Council may withdraw all or part of Plan Change 14 (PC14) (with Ministerial approval) if it can demonstrate that its planning framework can support 30 years of housing growth. Christchurch City Council will not be allowed to withdraw any part of Plan Change 14 that has already become operative, or that was referred to the Minister and the Minister has issued a decision. 

Auckland Council may withdraw all or part of Plan Change 78 (PC78) by giving public notice of the withdrawal no later than 10 October 2025. Auckland Council will also not be allowed to withdraw any part of PC78 that is operative, or was referred to the Minister for a decision and that decision has been made. This includes the City Centre zone provisions, which were made operative on 6 June 2025. Any part of PC78 that is not withdrawn must continue to be progressed.

If Auckland Council withdraws (part of) PC78 the Council must notify a new plan change that:  

• provides the same amount of housing capacity as PC78 (as notified);

• enables greater development capacity within the walkable catchment of Auckland’s City Rail Link with provision for:

  • 15 storey building height around Maungawhau (Mount Eden), Kingsland and Morningside stations; 

  • 10 storey building height around Mount Albert and Baldwin Avenue stations. 

The requirement to provide intensification as specified above, or to give effect to policy 3 of the National Policy Statement on Urban Development 2022 (NPS-UD), is still subject to any qualifying matter. 

Auckland Council is in the process of preparing a new draft plan change in accordance with the Amendment Act (Draft Plan Change). The Draft Plan Change addresses areas that are proposed to allow for greater intensification, and other areas where more restriction on development will be imposed due to natural hazards.

The Draft Plan Change proposes to:

• enable buildings of up to 15 storeys in 21 identified walkable catchments around major centres and rapid transit stops, and buildings of up to 10 storeys in a further 23 identified walkable catchments;

• introduce a general rule allowing buildings up to six storeys in most land zoned Residential - Terrace Housing and Apartment Buildings (THAB), and extend the THAB zone around 14 identified town centres; 

• remove areas from the Special Character Area Overlay (SCAO); 

• ‘downzone’ areas that are hazard prone, and introduce a risk-based approach to hazard management that: 

  • identifies hazard risks as ‘significant’, ‘potentially tolerable’ and ‘acceptable’, and

  • requires new activities and land uses to be avoided in areas with significant risks, and regulates existing land uses in these locations. 

The Draft Plan Change was considered by Auckland Council’s Policy and Planning Committee on 21 August, who endorsed the proposal for further statutory engagement. Council staff will now conduct consultation and gather feedback from iwi, ministries, adjoining councils and local boards, and report back to the committee in September 2025. Auckland Council must decide by 10 October 2025 whether to withdraw PC78 in part, and notify the Draft Plan Change in its place. 

Implications 

The Amendment Act marks a clear transitional shift towards a resource management regime that reduces red tape and prioritises intensification, while also seeking to avoid development in areas subject to natural hazards. 

While the plan change stop provisions are intended to promote efficiency, with the Government not wanting local authorities to continue using resources on plan changes in light of the further changes to come, a number of plan changes have been caught by this late announcement. It will be important that the Minister is able to consider and approve exemption requests made by local authorities quickly, to avoid delays for plan changes that are already underway and should proceed. 

The intensification and natural hazard plan changes to give effect to the Amendment Act will have significant implications for property owners and developers, particularly in Auckland. We recommend keeping on top of the evolving planning landscape to assist with strategic decision-making and take opportunities to be heard. 

For more information about the Amendment Act and potential implications, or Auckland’s Draft Plan Change, please reach out to one of our experts.

This article was co-authored by Harry Bird and Imogene Jones, Solicitors from our Environment team