Planning Act 2026: Transitional Consenting
Nation-wide changes to the resource consent process came into effect on 30 October 2026. These changes are part of the transition to New Zealand’s new planning system and will only apply to resource consent applications lodged on or after that date.
At a glance
- Applies to applications lodged from 30 October 2026
- Certain matters can no longer be considered (see below)
- We will no longer assess these matters when granting resource consent for land use activities (subdivision consents are unaffected)
- Councils can issue a Permitted Activity Notice to override existing District Plan rules if resource consent would have been required due to one of these matters
- Councils may amend their District Plans to remove these matters
What do the changes mean for applicants?
The new s104(1A) changes the types of effects Councils can consider when assessing land use resource consent applications. This means that some matters previously considered through the resource consent process can no longer be taken into account, even where they are referred to in existing District Plan provisions.
In some cases, resource consent will still be needed but the assessment of environment effects will become simpler. In other cases, resource consent may no longer be needed. In many cases, the process will look exactly the same as before 30 October.
What is being taken out?
For residential activities (except when required for heritage protection)
Glazing: References to window size in the Design Guide no longer apply.
Balconies: Standards which require balconies for upstairs units no longer apply.
Outdoor living space: Standards which require outdoor living areas no longer apply.
Internal layout: Policy references to internal amenity no longer apply.
Unit size: Rules and standards which relate to residential unit size no longer apply.
Landscaped area size (except when required for permeability): Policy references to landscaping no longer apply.
For everything
The type of residents to be housed in a new development: District Plan provisions can no longer specifically cater for single people, elderly couples or families etc.
Views from private property: If your neighbour proposes a dwelling which blocks your view, this can no longer be considered as part of a resource consent. Views from public areas can still be considered.
Negative effects on trade competition: Not applicable.
Lack of demand for a project: Not applicable.
Financial viability of a project: Not applicable.
What is a Permitted Activity Notice
A Permitted Activity Notice is written confirmation that an activity can proceed without resource consent despite not complying with an existing District Plan rule. Council may issue a Permitted Activity Notice under the new s104AA if your proposal only breaches District Plan rules relating to the out of scope matters above. The notice remains valid for five years. This new process is intended to provide a more straightforward pathway where the only non-compliance relates to the identified matters above.
When your building consent is checked for resource consent requirements under s37 of the Building Act, we will simply issue a Permitted Activity Notice instead of a Form 4 where applicable.
Applications already lodged
Applications lodged before 30 October 2026 must continue to be processed under the current Resource Management Act framework.
If you would like your proposal assessed under the new provisions, you may choose to withdraw your application and re-lodge it after 30 October 2026. This will not benefit every application, so we recommend discussing the options with your planning consultant and Council planner before making a decision.
If you choose to re-lodge:
- contact the planner processing your application
- identify the parts of your proposal that you believe may be affected by the new provisions
- provide any updated information if you wish to amend your proposal.
A new application number will be assigned and statutory processing timeframes will begin again.
Existing resource consents
Existing resource consents remain valid and are not automatically affected by the new legislation. However, some consent holders may wish to amend their consents to remove conditions which relate to matters listed above, including approved plans. If this applies to you, you can apply to amend your consent under s127.
District Plan Amendments
Councils can also remove or modify District Plan provisions which relate to out of scope matters during the transitional period under the new s76A without undertaking a full plan change process. These powers are discretionary, and Councils are not required to make any amendments. We are currently working on this.
Improving the resource consent process
The legislation also introduces new principles for resource consent processing and decision-making under the new s18b. These include:
- timely and efficient decision-making
- clear and concise communication
- use of plain language
- proportionate information requirements
- practical, solution-focused outcomes
- reducing unnecessary administrative burden.
We are currently reviewing our forms, templates and processes to ensure they align with these principles and provide a clear and consistent experience for applicants.
Need help?
If you’re unsure how these changes apply to your proposal, please contact the Council’s planning team at planning@swdc.govt.nz. We will continue to update our guidance as further national information becomes available.