The government has passed two new acts that will eventually replace the Resource Management Act 1991 (RMA) in the biggest change to New Zealand’s planning system in decades.
The Planning Act 2026 and Natural Environment Act 2026 came into effect on 30 September 2026.
The Planning Act made amendments to the RMA and other legislation. The amendments set out what the council must disregard when considering the effects of residential activities under a district plan.
This can have an impact on whether or not a resource consent is required. If a resource consent is required, it can impact what the council can assess as part of the resource consent application.
When do I need resource consent?
Resource consent is needed when the Auckland Unitary Plan or Hauraki Gulf Islands District Plan specifies this, and for any activity that does not meet the planning rules of the area under these plans.
If resource consent is required, you must have it before you can legally carry out the activity.
Find out more about resource consents.
What has changed for residential activities?
From 30 October, when the council assesses applications for houses and residential developments, it cannot take certain matters into account (except where they relate to protecting historic heritage). This includes:
- the outdoor living space
- the internal layout
- the presence or absence of balconies
- the area of glazing
- the size of a residential unit
- the size of landscaped areas (except in relation to permeability)
This limits what the council can assess and require compliance with. It means the council can no longer make sure housing developments meet the rules that have applied in the past.
Auckland Council has started to develop the methodology for identifying the provisions that need to be removed or modified in the Auckland Unitary Plan and Hauraki Gulf Islands District Plan, so property owners and resource consent applicants have certainty on what the council can and cannot consider.
More information on these changes and the approach to updating the Auckland Unitary Plan and the Hauraki Gulf Islands District Plan has been published on the Auckland Design Manual.
When do these changes take effect?
These changes take effect on 30 October 2026, one month after the Planning Act 2026 was given royal assent.
If you submitted your resource consent application before 30 October 2026, it will be assessed against the current Auckland Unitary Plan or the Hauraki Gulf Islands District Plan. If you lodge your application after these changes come into effect, then your application will be considered against the new, reduced provisions.
The Resource Management Act 1991 will continue to apply in an amended form to all resource consent applications over the next 3-4 years as we transition to the new Planning Act and Natural Environment Act. Changes will be reflected in the Auckland Unitary Plan and Hauraki Gulf Islands District Plan.