The RMA is Dead. Long Live the NBA?

Why the "Transition Period" might be the riskiest time to develop—and how to navigate it.

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If there is one constant in New Zealand property development, it is that the rules never stay still for long. But the introduction of the Natural and Built Environment Bill (NBA) and the Spatial Planning Bill (SPA) marks the biggest shake-up in 30 years.

For decades, we have operated under the Resource Management Act (RMA). Its core philosophy was simple: "You can do it, as long as the bad effects aren't too big."

The new system flips this on its head. The focus is no longer just on mitigating adverse effects; it is now on achieving positive outcomes.

The Good News: Residential & Rural Wins For developers and landowners, the reform promises some genuine relief if you know where to look:

• Simpler Housing: The government aims to make standard builds (like compliant housing types) "permitted activities," reducing the need for consents.

• Rural Flexibility: For our rural clients, the new system aims to reduce consent costs for standard farming activities and water storage, provided you meet the new environmental baselines.

The Trap: The "Long Transition" Here is the catch. The RMA doesn't just disappear overnight. The RMA will continue to operate alongside the new system until the new Regional Spatial Strategies are fully live.

This creates a dangerous "Legislative Limbo." Council planners have to enforce the old RMA rules while looking over their shoulder at the new NBA "National Planning Framework." Uncertainty breeds delay.

The New Risk: "Front-Loading" Your Application One critical detail in the new legislation is the stricter requirement for information upfront. Under the old system, you could often file an application and fill in the gaps later. The new regime focuses on "decision-ready" applications. If your initial submission lacks the required environmental data, it is far more likely to be rejected at the counter before it even reaches a planner.

What does this mean for your project? If you are sitting on land, you have a strategic choice:

1. File now: Lock in your consent under the known rules of the RMA.

2. Wait: Gamble that the new Regional Plans will be more favorable.

My Verdict Speed is safety. The transition to the new system will take years to settle. If you have a viable project today, getting it stamped before the new bureaucracy fully kicks in is the safest play.

The Council will not do the hard work for you. You need an application that is bulletproof against both the old rules and the new direction.