Where are we at with the RMA reforms?
Phase 1, Phase 2, Phase 3? National directions? What about National standards? What happened to the MDRS? Is it optional yet? What is out there for consultation? Is it the last step in the process or are we at the start of discussion? Is the current consultation about the replacement for the RMA? When will this happen?
Confused? You wouldn’t be the only one.
To shine some light the UDF Aotearoa’s RM working group has dived into announcements and reports and collated a picture.
There are a few parallel activities going on in the planning reforms.
Changing the law and the ‘regulations under the law’ at the same time
Currently the MfE and the government are simultaneously amending regulations under an existing law, the RMA, while also working on amending the RMA (currently the law itself) and working on replacing the RMA (with another law).
Through the announcements, the government signals that the regulation changes are intended to be ‘cut and pasted’ into the new law (yet to be introduced).
Publicly available information regarding changes to the law (the RMA)
This is limited to the Expert Advisory Group (EAG) report and the cabinet’s response to it.
Useful note: Law changes need to go through Parliament.
Publicly available information regarding changes to regulations
Some of this is currently out and is being rolled out/ consulted on.
Useful note: Regulation changes don’t go through Parliament because they sit under an existing law.
The current regulation change proposals are branded as the Reform Phase 2 on “National Directions”. Some of this is proposed to be direct insertions to District Plans (e.g. granny flats and papakāinga). Some of this is in the form of consultation on proposals (e.g. infrastructure and development), while some of it is in the form of consultation on options (e.g. fresh water).
What was Phase 1?
RMA Reform Phase 1 mainly comprised repealing the then newly introduced laws, namely the Natural and Built Environments Act and the Spatial Planning Act. Phase 1 is completed.
We are in Phase 2
We are in Phase 2. Some of this is completed such as the fast-track consenting.
An announcement was made for 12 changes and four new national directions. These are being rolled out for consultation. So far, Package 1, 2 & 3 are open to consultation until 27 July.
‘Going for housing growth’ (Package 4) was originally announced under Phase 2. This is now stated to inform Phase 3 (the new law) instead of being reflected in the form of an amendment to the NPS-UD (under the existing RMA). Consultation closes on 17 August.
What happened to MDRS optionality?
This is a law change. The Parliamentary Select Committee issued their report on 11 June. The next step is for the Parliament to debate and vote on the bill and any changes suggested by the Select committee. The final bill may become law by the end of 2025.
What did the select committee recommend on the MDRS?
The select committee recommended that the MDRS should only be optional for Auckland and Christchurch, and only if the two cities can show 30 years of housing growth enablement plus 20% contingency. [Full report is here: Resource Management (Consenting and Other System Changes) Amendment Bill]
Useful note: MDRS was introduced through law, so its amendment is also a law change hence the longer timeframes.
What is MDRS and what is MDRS optionality?
The full name of the relatively short-lived “MDRS bill” is “Resource Management (Enabling Housing Supply and Other Matters) Amendment Bill”.
It was also known as the ‘three by three’ bill as it directed councils to make it a right to build three, three-storey houses in most urban residential areas.
The new government announced an amendment to the above bill through what is known as “the MDRS optionality Bill”. The full name of this bill is the “Resource Management (Consenting and Other System Changes) Amendment Bill”.
Short history
The MDRS Bill was a bipartisan bill, that was announced in October 2021 and was made law in December 2021. UDF (and others) had supported this proposal’s intention to intensify but had cautioned that for intensification to bring robust benefits, it has to take place in the right places and at sufficient quality. [Key points summary with a link to the full submission is here: UDF’s Submission and being heard on the future of our cities | Urban Design Forum]
The Optionality bill was announced to introduce non-MDRS options, however the Parliamentary Select Committe’s final report released ion 11 June suggests limited options to be available, and only for Christchurch and Auckland.
What is the UDF doing on RM reform?
The UDF has formed a working group and is working through key points to raise, both for the overall reform and for the individual pieces of consultation. A first draft will be shared with the members, ahead of a UDF submission as part of the ‘Going for housing growth’ consultation.
Please note that the above summary and the diagram below are necessarily selective in what they highlight. For detailed official information and sources, please visit: Resource management update – June 2025 | Ministry for the Environment
