Natural Environment Bill
| Natural Environment Bill | |
|---|---|
 | |
| New Zealand Parliament[1] | |
| Legislative history | |
| Introduced by | Chris Bishop[1] |
| Committee responsible | Environment Select Committee[1] |
| First reading | 9 December 2025[1] |
| Status: Pending — before | |
The Natural Environment Bill is one of two proposed Acts of Parliament in New Zealand, along with the Planning Bill, that are intended to replace the Resource Management Act 1991, which governs the management of natural resources such as land, air and water.[1] The two companion bills passed their first reading on 16 December 2025 and were referred to the New Zealand Parliament's environment select committee.[2]
Background
[edit]In 2020, the Randerson report recommended that the New Zealand Government repeal and replace the Resource Management Act 1991, which governs the management of natural resources in the country.[3] In February 2021, the Sixth Labour Government announced that it would introduce three new replacement laws: the Natural and Built Environment Act 2023 (NBA), the Spatial Planning Act 2023 (SPA), and the Climate Change Adaptation Bill (CAA).[4] Prior to the dissolution of the 53rd New Zealand Parliament before the 2023 New Zealand general election, Parliament managed to pass the NBA and SPA bills into law on 15 August 2023.[5][6]
On 19 December 2023, the NBA and SPA laws were repealed by the incoming Sixth National Government, which indicated that it would introduce its own replacement laws.[7] On 20 September 2024, RMA Reform Minister Chris Bishop announced that the Government would introduce two new laws to replace the Resource Management Act 1991. One law would focus on managing the environmental effects of development activities while the second would enable urban development and infrastructure.[8] On 24 March 2025, Bishop and Parliamentary Under-Secretary for the Minister for Infrastructure and RMA reform Simon Court announced details about the new legislative framework that would replace the RMA system. This included a new Natural Environment Bill focusing on the use, protection and enhancement of the natural environment, and a Planning Bill focusing on land use and development. Reflecting the government's priorities, the new RMA-replacement system would focus on the economic concept of externalities and property rights while ensuring environmental protections and safeguards.[9]
Draft provisions
[edit]Purpose and goals
[edit]The purpose of the Natural Environment Bill is to establish a framework for the use, protection and enhancement of the natural environment. It requires the New Zealand Crown to recognise its responsibilities in relation to the Treaty of Waitangi and to seek to enter into agreements to uphold Treaty of Waitangi claims and settlements.[10]
Key goals of the Natural Environment Bill include enabling the use and development of natural resources within environmental limits; safeguarding the life-supporting capacity of air, water, soil and ecosystems; protecting human health from the harm cause by the discharge of contaminants; protecting indigenous biodiversity; managing the effects of natural hazards through planning; and protecting Māori interests in the planning process, protecting significant Māori sites and facilitating the development and protection of Māori land.[10]
Key instruments
[edit]Key instruments of the Natural Environment Bill include national policy directions, national standards, regional spatial plans and natural environment plans. The Bill also outlines the framework and procedures of the bill's instruments.[10] It also outlines duties and restrictions on the usage of land, coastal marine areas, river and lake beds, and water. It also covers the discharge of contaminants and waste management including those from ships and offshore installations.[10] The Bill also contains provisions for continuing certain activities through a permit process.[10] It also requires users to avoid, minimise or remedy adverse effects on natural resources and people.[10]
The Natural Environment Bill outlines the framework for environmental, human health and ecosystem limits including the use of management units and methodologies.[10] It also outlines the framework for regional councils to implement action plans for managing resources, caps on resource use and to avoid or remedy breaches of environmental limits.[10] The Bill also outlines the criteria for Ministers and regional councils to develop and implement national instruments for natural environment planning.[10]
The Natural Environment Bill also outlines the frameworks for developing national policy directions, national standards and regulations for the environment and fishing, and natural environmental plans.[10] It also provides criteria for the Environment Court to give directions on lands affected by natural environment plans.[10]
Permits and miscellaneous provisions
[edit]The Bill also outlines the frameworks for applying for natural resource permits for navigation, aquaculture, and customary marine titles. It also outlines the process for notification, submissions and hearings. The Bill also contains criteria for natural resource permits filed under the proposed Act. Natural resource permits also need to consider the impact on people, the environment and water infrastructure systems. The Bill also outlines the appeal process to the Environment Court, and the conditions for cancelling or reviewing permits.[10]
The Natural Environment Bill also outlines the market allocation process, comparative permitting processes and the roles of both central and local governments. Central government and regional councils are required to keep records about Māori iwi (tribes) and hapu (clans). It also outlines the criteria for regional councils to transfer functions, powers or responsibilities to local or community boards.[10]
The Bill also contains provisions for marine areas and activities including aquaculture, permits and consulting with regard authorities. It also contains provisions for water conservation orders, and freshwater farm plans.[10] The Bill also contains proposed amendments for other laws including the Fast-track Approvals Act 2024 and the Marine and Coastal Area (Takutai Moana) Act 2011.[10]
Enforcement
[edit]The Bill also outlines the enforcement powers of the Environmental Protection Authority (EPA) and Environment Court. It also outlines offences against the proposed Act and various penalties and liabilities including fines and infringement notices.[10] The Bill also provides a framework for emergency works and powers to take preventive or remedial action.[10] It also empowers the Governor-General of New Zealand, at the recommendation of the Government, to issue regulations relating to the Natural Environment and Planning Bills.[10]
Legislative passage
[edit]Introduction and first reading
[edit]On 9 December 2025, the Sixth National Government introduced both the Natural Environment and Planning Bills into Parliament, with the goal of passing them into law in late 2026. These two laws are expected to come into effect in 2029. Key policies have included reducing the over 100 policy statements and plans to 17 Regional Combined plans, requiring local councils to compensate property owners when their property rights are affected by regulation, creating a new framework of "national instruments" that would include iwi input and environmental safeguards, and standardising zoning rules.[11][12] On 16 December, the Natural Environment and Planning Bills passed their first readings and were referred to the Environment select committee. Labour joined the National, ACT and NZ First parties in supporting its passage to the select committee level, while the Green and Māori parties opposed the proposed bills.[2]
Select committee stage
[edit]Public submissions on the Natural Environment and Planning Bills concluded on 13 February 2026.[13] Kaupapa Māori environmental expert and Poipoia consultancy founder Tina Porou and law lecturer Luke Fitzmaurice-Brown expressed concern that the new RMA replacement bills would weaken Treaty of Waitangi protections, environmental safeguards and limit the ability of Māori iwi and hapu to participate in decisions affecting environmental management under the pretext of eliminating red tape.[13]
References
[edit]- ^ a b c d e "Natural Environment Bill". New Zealand Parliament. Retrieved 10 February 2026.
- ^ a b Palmer, Russell (16 December 2025). "Legislation to replace RMA sent to environment select committee". RNZ. Archived from the original on 16 December 2025. Retrieved 16 December 2025.
- ^ "Independent review of the resource management system". Ministry for the Environment. 17 June 2022.
- ^ Morton, Jamie. "Government confirms it will scrap Resource Management Act, create three new acts". The New Zealand Herald. Retrieved 11 February 2021.
- ^ "Natural and Built Environment Bill". New Zealand Parliament. Archived from the original on 7 March 2023. Retrieved 21 December 2023.
- ^ "Spatial Planning Bill". New Zealand Parliament. Archived from the original on 21 December 2023. Retrieved 21 December 2023.
- ^ Bishop, Chris (20 December 2023). "NBA and SPA successfully repealed". Beehive.govt.nz. New Zealand Government. Archived from the original on 20 December 2023. Retrieved 21 December 2023.
- ^ Martin, Robin (20 September 2024). "Resource Management Act to be replaced by two new laws". RNZ. Archived from the original on 20 September 2024. Retrieved 21 September 2024.
- ^ Bishop, Chris; Court, Simon (24 March 2025). "New planning laws to end the culture of 'no'". Bee. New Zealand Government. Archived from the original on 24 March 2025. Retrieved 10 April 2025.
- ^ a b c d e f g h i j k l m n o p q r Natural Environment Bill (Act of Parliament, Government Bill 234-1). New Zealand Parliament. 30 January 2026.
- ^ Palmer, Russell (9 December 2025). "Landowners to get more compensation from councils as major RMA overhaul revealed". RNZ. Archived from the original on 9 December 2025. Retrieved 10 December 2025.
- ^ Palmer, Russell (9 December 2025). "Five things you need to know about the RMA replacements". RNZ. Archived from the original on 9 December 2025. Retrieved 9 December 2025.
- ^ a b Dunlop, Māni (11 February 2026). "Proposed Resource Management Act overhaul set to breach Treaty - experts warn - as submission deadline looms". Te Ao Māori News. Archived from the original on 16 February 2026. Retrieved 16 February 2026.
External links
[edit]- "Natural Environment Bill". New Zealand Parliament. Retrieved 10 February 2026.
- Natural Environment Bill (Act of Parliament, Government Bill 234-1). New Zealand Parliament. 30 January 2026.