RMA “Plan Stop” Amendment Paper introduced to Parliament

13 August, 2025

On 12 August, the Minister responsible for Resource Management Reform Chris Bishop introduced an amendment paper to the Resource Management (Consenting and Other System Changes) Amendment Bill (“Bill”). One of the key changes of the Amendment Paper is the “Plan Stop” signalled by Minister Bishop last month.

The intention of the Plan Stop is to pause particular Resource Management Act (RMA) plan-making processes to ensure that local authorities do not expend resources unnecessarily between the time the Bill comes into force and the legislation replacing the RMA comes into force (expected at the end of 2027).

While aspects of the amendment paper had been identified in last month’s Plan Stop announcement, we now have more information about the implementation of the Plan Stop as well as the proposed criteria for exemption applications determined by the Minister.

What plans are affected?

The Plan Stop affects all proposed plans and policy statements, changes and variations to proposed plans and policy statements.

Where a proposed planning instrument has already been heard (in whole or in part) the Plan Stop will not apply. Where the proposed planning instrument has been notified but not yet heard or a hearing is set to begin more than 5 days after the commencement of this part of the Bill, that instrument must be withdrawn unless an exemption applies. After the commencement of this part of the Bill, no new planning instruments may be notified unless an exemption applies. The Plan Stop also pauses the need for local authorities to undertake reviews of their plans and policy statements.

Private plan change requests and processes are not affected by the Plan Stop unless adopted by a local authority.

What are the exemptions to the Plan Stop?

Automatic exemptions

The following planning instruments are automatically exempt from the prohibition against notification and the requirement to withdraw the instrument:

Planning instruments, including listed planning instruments, using the streamlined planning process (Part 5, Schedule 1) and the intensification streamlined planning process (Part 6, Schedule 1);
Draft planning instruments that implement the requirements of a national policy statement published after this subpart of the Bill commences, if the NPS requires that it be implemented before 31 December 2027;
Planning instruments using the freshwater planning process to give effect to the NPS for Freshwater Management;
A planning instrument directed by the Minister or called in as a proposal of national significance;
A planning instrument relating to natural hazards;
A planning instrument that gives effect to any obligation under Treaty of Waitangi settlements, the Marine and Coastal (Takutai Moana) Act 2011 or the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019.

Applications for exemptions

A local authority may apply in writing to the Minister for an exemption from the Plan Stop. The application must provide sufficient detail to enable the Minister to assess whether and how the application meets the specified criteria and state any other reason why the local authority considers it is appropriate that the work be progressed. An application can be made for the whole or part of a planning instrument.

The Minister may grant the application in whole or in part if he is satisfied that granting the exemption will meet one or more of the criteria. If the Minister is not satisfied, the application can be declined in whole or in part.

The criteria are that an exemption would:

Better enable the local authority to provide, operate or maintain drinking water, stormwater or wastewater;
Rectify any provision in a plan or policy statement that have had unintended consequences, are unworkable, or have led to inefficient outcomes;
Respond to changes made to the RMA;
Better enable climate change to be managed;
Support the transition of high risk land to better manage erosion risk;
Better enable any relevant Treaty of Waitangi settlement to be upheld;
Enable a response to be made to a recommendation from the Environment Court;
Enable work to be progressed, that for any other reason, the Minister considers appropriate.

The Minister’s decision must be made in writing but there is no specified timeframe for the decision to be made.

Minister direction against withdrawal

The Minister may direct a local authority in writing not to withdraw a proposed planning instrument where the Minister considers that completing the process would assist in giving effect to any rights and obligations under Treaty of Waitangi settlements, the Marine and Coastal (Takutai Moana) Act 2011 or the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019.

Obligations to withdraw and provide public notice of status of planning instruments

Local authorities must withdraw captured proposed planning instruments (i.e. instruments that are not subject to an automatic or applied exemption or Minister direction against withdrawal) no later than 90 working days after the commencement of the Bill. If a local authority has applied for an exemption but has not received notice of the Minister’s decision within this 90 working day period, the withdrawal is not required until a decision to decline the application is received. Local authorities must give public notice of the status of all proposed planning instruments no later than 90 working days after the commencement of the Bill.

GQ’s comment

While the intention of the Plan Stop is to avoid the expense of unnecessary resources, the requirements under the Plan Stop, particularly with respect to the obligation to publicly notify the status of plans and prepare applications for exemptions, will require additional resourcing from local authorities. This comes at a time where local authorities are facing significant pressure from local constituents to apply public funding to meaningful and effective measures that have positive outcomes for communities.

It is however reassuring to see the inclusion of rectification of plan provisions that have unintended consequences, are unworkable, or have led to inefficient outcomes as a relevant criteria for exemption. This will be welcome news to local authorities who have plan changes in the pipeline to address such provisions.

The Minister’s ability to approve work for any reason they consider appropriate, without a prescribed timeframe for decisions, raises concerns about transparency, accountability, and the potential for arbitrary exercise of executive power in plan making processes, a core local government function.

The Bill is anticipated to be passed later this month. Our Environment and Planning specialists can assist you with any queries regarding the Plan Stop or relating to resource management reform.