As Building Nations 2026 kicks off in Ōtautahi, Christchurch, we highlight some key opportunities for the infrastructure sector arising out of reforms to the resource management system, and what they could mean for the planning, consenting and delivery of infrastructure.

Reform is fast approaching, with the Government committed to passing the Planning Bill and Natural Environment Bill before the general election, which will need to be by 24 September being the last sitting day pre-election.

Opportunities

1. Infrastructure, existing and future, must be mapped in regional spatial plans

Regional Spatial Plans require the mapping of existing and future infrastructure (30 years into the future) that is significant for the district, region or nation. The requirement to map future infrastructure provides the sector with the ability to show (even if just at a high level) where projects are intended to be located, signalling to the community what to expect over a 30-year period, and simplifying future designation and approval processes.

In addition to this general requirement to map infrastructure, RSPs will also map:

• existing designations that are significant for the district, region or nation (which will provide comfort to infrastructure providers that there is some ability to “roll over” RMA designations into the RSP); and

• “indicative locations” of any “future designations”.

The mapping of indicative locations for future designations will allow infrastructure providers to safeguard land required for nationally and regionally significant projects that are not sufficiently progressed to be able to designate at the time when the RSP is prepared.

The benefits are twofold. First, when the time comes to lodge the designation, the requiring authority will not need to show the strategic need for the project; its inclusion in the RSP demonstrates the strategic need for the project. And second, given land use plans (the equivalent of RMA district plans) are required to give effect to the RSPs, the existence of a future designation will be relevant to decisions on zoning.

Further, local authorities are required to engage with infrastructure providers when preparing draft RSPs. These changes give the sector an opportunity to ensure RSPs provide for the infrastructure needs of a region – including making sure that their existing designations are included in the draft RSPs before they are publicly notified.

2. Councils’ long-term plans need to identify how to implement the RSP

The RSP process matters for infrastructure because councils’ long-term plans must identify steps to implement the actions for which the council is the RSP’s “lead authority”. While councils can decide what steps are appropriate given competing demands and practical limits, the requirement still provides clear direction: funding priorities in long-term plans should align with the RSP. For infrastructure providers in local government, this is a strong reason to invest in the RSP process and ensure future projects are identified early, even if they are currently unfunded.

3. Transitional consenting regime applies a refined scope of effects, including under the FTAA

The Planning Bill makes immediate changes to the RMA. During the transition period, projects continue to be consented under the RMA until the new planning documents are in place, but certain matters will no longer be relevant to consent and designation decisions. These include whether a project is financially viable and effects on views from private property. The changes have the potential to streamline consenting and designation processes and reduce the mitigation burden on applicants.

These changes may kick in as early as this year because the relevant provisions come into force one month after Royal Assent, and the Government is aiming to pass the Bills before the general election. This means that for infrastructure projects with adverse effects that will no longer be relevant (such as visual effects on neighbouring properties), it may be worth considering postponing lodging consent applications or notices of requirement to take advantage of this change.

The refined scope of effects also applies to applications under the FTAA lodged 1 month after Royal Assent.

4. Increased exemptions from environmental limits

Changes have been made to the Natural Environment Bill so that the Minister can now provide exemptions for projects that breach environmental limits where the project’s “public benefits” outweigh harm or potential harm to human health and ecosystems and community needs and aspirations. Under the earlier version of the Bill, the ability to exempt was provided only for “significant infrastructure”. This change has the potential to significantly reduce a key barrier to the consenting of infrastructure projects that may have not met the previous “significance” threshold.

5. Infrastructure operators may become designating authorities for specific projects that are not “core infrastructure”

Infrastructure operators can apply to the Minister for approval as a designating authority for a specific project, even if the project does not fall under the limited definition of “core infrastructure operation”, provided the Minister is satisfied that the project would provide a “significant public benefit”. This power opens the door to providers of “other infrastructure” that do not fall within the concept of “core infrastructure” to be able to obtain a designation for a project.

“Other infrastructure” is defined to include a host of activities, such as facilities to: process, refine and store fuel; store water; generate electricity; store electricity; load or unload cargo transported by land or sea among many others. The broader availability of designations represents an opportunity to take advantage of the special privileges given to designating authorities for particular projects.

6. Increased pathways for securing designations

As touched on earlier, there are four pathways for securing designations under the new regime:

1. Existing designations may be carried over through mapping in the RSP.

2. An application for a designation may be notified in an RSP and considered through the RSP process.

3. An infrastructure operator may apply to map the “indicative location of a future designation” in an RSP, simplifying the designation process later down the line.

4.  A standalone application by giving notice to a territorial authority, with the designation being incorporated into a land.

The result is a more flexible designation toolkit, allowing infrastructure providers to secure and protect corridors and sites earlier and through a range of routes.

7. Speeding up wildlife approvals

Regional councils may now grant wildlife approvals for projects on land other than public conservation land, which follows part of the ‘one-stop-shop’ approach taken under the Fast-track Approvals Act.

Wildlife approvals (usually required from the Department of Conservation) can be significant risk items for large infrastructure projects, and create duplication given approvals and their associated effects are often required for the same activity under both the RMA and Wildlife Act. Providing regional councils the ability to grant approvals for activities on land other than public conservation land (so that a separate authorisation is not required from DoC) should serve to speed up the consenting and approval process, and help ensure some consistency between the consents and wildlife approvals.

There are no changes for infrastructure projects that necessarily traverse public conservation land, which represents a missed opportunity to provide the same streamlining benefits for those projects. The approach is likely to continue to drive those projects to the Fast-track regime.

Broader reform of the Wildlife Act 1953 is long overdue. Removing the duplication between wildlife approvals and resource consents will remain on the reform wish list for many providers.

What’s next?

The Government plans to pass this legislation before Parliament rises on 24 September. For the infrastructure sector, those who engage early and adapt quickly to the new system will be best placed to seize the opportunities that reform presents.

Contact our team if you'd like to discuss what these reforms could mean for your projects.

If you'd like to discuss what these reforms could mean for your projects, please get in touch with one of our experts.