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Resource Management (Simplifying and Streamlining) Amendment Act 2009

Background and Process

The RMA came into force in October 1991 and replaced or amended more than 50 other laws relating to town planning and environmental management. The RMA is a complex statute that is designed to help manage a wide range of issues, including conflicting values, expectations and rights in regard to the environment. However, over the 17 years since the Act became law there has been growing criticism of its ability to effectively manage complex environmental issues and complaints about slow and costly plan preparation and consenting processes.

The Government promised to introduce legislation into the House to amend the RMA within 100 days of the formation of the new government. Streamlining and simplifying the Resource Management Act is an important part of the Government's programme, which includes assisting in an economic recovery.The Resource Management (Simplifying and Streamlining) Amendment Bill 2009 passed its second and third readings on the 8th September 2009. The Amendment Act (RMAA 2009) will commence on 1 October 2009. 

For your assistance the Ministry for the Environment website has further information available on the Act.

Should you have any questions please do ot hesitate to contact the Duty Planner on (07) 571 8008

Of particular note to those with consent applications processing in Council, the following processes, if already commenced before 1 October 2009, are to be treated as though the Resource Management (Simplifying and Streamlining) Amendment Act 2009 was not enacted:
-   resource consent processes (including applications to vary, review, or cancel
    conditions)
-   plan preparation, plan change and plan variation processes
-   enforcement proceedings where the act or omission occurred before 1 October
    2009
-   notices of requirement for designations or heritage orders
-   water conservation orders (including a notice to revoke or amend and order)
-   call-in processes
-   applications to vary of cancel an instrument creating and esplanade strip.

Any appeals relating to the matters above must also be treated as though the Resource Management (Simplifying and Streamlining) Amendment Act 2009 had not been enacted.

Rules in a proposed plan, or plan change notified before 1 October 2009 continue to have legal effect as though the Resource Management (Simplifying and Streamlining) Amendment Act 2009 had not been enacted.