New Zealand's planning system is going through its biggest change in more than 30 years. The Planning Act and the Natural Environment Act, which replace the Resource Management Act 1991 (RMA) over time, came into force on 30 September 2026, with transitional arrangements for work already in the system.

What the new laws do

  • Planning Act: a framework for planning and regulating land use and development. Its goals include enabling competitive urban land markets, making land available for housing and business, enabling infrastructure, and protecting high natural character areas, wetlands, outstanding landscapes and significant heritage from inappropriate development.
  • Natural Environment Act: sets environmental limits, including human health standards and ecosystem health limits set through regional plans.
  • Process principles: decisions and consent processes are meant to be timely, efficient, proportionate and cost-effective, with conditions no more onerous than necessary.

What it means if you plan to subdivide

Subdivision sits at the centre of land development, so the change matters. In practice, landowners and developers should expect a transition period in which councils, planners and surveyors adjust to new terminology, forms and plan provisions.

  • Check which rules apply to you. Whether an application falls under the old or new regime can depend on timing and on what has already been lodged. Transitional provisions should be checked case by case.
  • Existing consents and approvals. These are generally expected to continue, but conditions, lapse dates and any variations should be reviewed rather than assumed.
  • Plan for uncertainty. Allow extra time and budget in feasibility, particularly where your site involves flood hazard, heritage, wetlands or infrastructure capacity.
  • Talk to council early. A pre-application meeting and a clear record of what was discussed is more valuable than ever in a changing system.

How we can help

We work alongside your surveyor and planner to review title restrictions, easements and consent conditions, prepare the legal documentation, and keep the legal side of your project moving. If you are considering a subdivision, speak to us before you commit to a timeline or sale agreement.

Last reviewed October 2026. This article is general information, not legal advice.