Appendix 2: Resource Management Act options
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National direction supports local decision-making under the RMA. Tools include national policy statements (NPS), national environmental standards (NES) and the national planning standards.
An NPS enables the Government to prescribe objectives and policies for matters of national significance. An NPS may give direction to councils on how they need to give effect to the policies and objectives in the NPS. Where directed, councils are not required to undertake a plan change process under schedule 1 of the RMA to give effect to an NPS.
An NES is a form of regulation that can set detailed resource consenting requirements, rules and standards. NESs take immediate effect from commencement date (or another stated date) and override existing RMA plan rules. Councils are not required to undertake a plan change process under schedule 1 of the RMA to give effect to an NES or remove conflicting or duplicative rules.
The purpose of the national planning standards is to ensure consistency in RMA plans and make them more efficient and easier to prepare and use. The current national planning standards set out requirements for the structure, form, definitions, and electronic accessibility of RMA plans. They can also, set out objectives, policies and rules that must be included in RMA plans. The national planning standards can direct changes in RMA plans that do not need to go through a plan change process under schedule 1 of the RMA.
The options for national direction to enable minor residential units (MRU) under the RMA are outlined in the table below.
Option 1: Status quo
Councils continue to develop their own district plan rules relating to MRUs. Rules continue to largely permit MRUs in residential zones, and mostly permit MRUs in rural zones, but are based on different permitted activity standards which can be more or less restrictive.
Benefits
- No intervention required.
- Councils continue to have autonomy to make district plan decisions, alongside their communities.
Risks/costs
- Restrictions on the development of MRU.
- Inconsistent rules and permitted activity standards for MRUs across New Zealand.
Option 2: National policy statement (NPS) for minor residential units
NPS prescribes objectives and policies for MRUs that councils must implement in their district plans.
Benefits
- Could take into account local variation when the NPS is implemented.
Risks/costs
- Could still lead to inconsistent rules and permitted activity standards.
- Could require councils to undertake a plan change under schedule 1 of the RMA for some aspects of the NPS. This would increase the implementation requirements for councils.
Option 3: National planning standard for minor residential unit
National planning standard sets out objectives, policies, rules and permitted activity standards for minor residential units.
Benefits
- Takes effect on commencement, reducing implementation requirements for councils.
- Supports consistency with national planning standards definitions, including the definition of minor residential unit.
- When permitted activity standards are not complied with, objectives and policies could support councils to process resource consents.
Risks/costs
- Inconsistent with the current scope of the national planning standards.
- Would not take into account the differences in zones across New Zealand.
Option 4: National environmental standard (NES) for minor residential units with a consistent permitted activity standard (preferred option)
NES requires that councils permit MRU. The NES sets out a consistent set of permitted activity standards. Permitted activity standards could be different in residential and rural zones.
Benefits
- Takes effect on commencement, reducing implementation requirements for councils.
- Consistent permitted activity standards across New Zealand.
- Would likely be more enabling for MRU.
Risks/costs
- Would not take into account the differences in zones across New Zealand.