Navigating the RMA Changes: Transitional Consenting process

A major shift in New Zealand’s planning landscape is around the corner. The new planning system to replace the Resource Management Act (RMA) comes into force on 30 October 2026, with full implementation expected between 2029 and 2030.

From 30 October 2026, a transitional consenting regime will govern resource consent assessments until the full system is in place.

Here is what you need to know about what changes—and what stays the same.

What changes during the transition?

The Planning Act 2026 introduces new out-of-scope matters to the RMA under Section 104(1A). These changes limit the specific effects Councils are allowed to consider when assessing district land use activities and Notices of Requirement.

For residential activities, Councils can no longer consider:

• Glazing area

• Balconies

• Outdoor living space

• Internal building layouts

• Residential unit size

• Landscaped area size (except in relation to permeability)

For all other district land use activities, out-of-scope matters include:

• Negative effects on trade competition (including competing suppliers)

• Effects on retail distribution

• Perceived lack of project demand or financial viability

• The demographic or type of residents to be housed

• Private property views

New Permitted Pathway (Section 104AA):

If the only reason your development required a resource consent was an out-of-scope matter, you can apply under Section 104AA for a notice confirming your activity is permitted, bypassing the need for a full consent.

Does this mean every residential development is permitted?

No. A full planning check is still essential. Matters such as subdivision, earthworks, natural hazards, stormwater, building height, and site coverage still trigger resource consent requirements.

• Lodgement Cut-off: Applications lodged on or after 30 October 2026 will be assessed under the new framework. Applications lodged before 30 October will remain under the previous RMA rules.

Will this speed up your consent process?

Yes and no.

• Faster: If your project only triggered consent due to matters now deemed out-of-scope, the new pathway will streamline your path forward.

• Unchanged: If your project involves multiple land use triggers (e.g., earthworks, flooding) or subdivision, standard consenting checks apply.

Councils are still required to assess in-scope matters, and applications must meet all documentation standards under Section 88 of the RMA. As Councils adapt to these new rules, early engagement will be key to avoiding processing bottlenecks.

Ready to plan your next move?

Wondering how the 30 October 2026 changes impact your site or upcoming project?

Get in touch with CB Planning today.