New Zealand Enacts Natural Environment Act 2026

On September 30, 2026, New Zealand enacted the Natural Environment Act 2026 (the “Act”). With the exception of certain provisions, the Act entered into force on the same date as its enactment. The Act establishes a comprehensive framework for the use, protection, and enhancement of New Zealand’s natural environment. At the same time, the Planning Act 2026 was also enacted. Together, the Natural Environment Act 2026 and the Planning Act 2026 replace the Resource Management Act 1991 (RMA) and introduce a range of new mechanisms aimed at protecting natural ecosystems.

Structure

The Act consists of six parts, 352 sections, and seven schedules:

• Part 1: Preliminary Provisions
• Part 2: Foundations
  • Subpart 1: Core Provisions
  • Subpart 2: Duties and Restrictions
  • Subpart 3: Key Instruments
  • Subpart 4: Environmental Limits
  • Subpart 5: National Instruments
• Part 3: Combined Plan and other Means
  • Subpart 1: Natural Environment Plans
  • Subpart 2: Coastal Matters, Water Conservation Orders, and Freshwater Farm Plans
• Part 4: Natural Resource Permits
  • Subpart 1: Types of Permits
  • Subpart 2: Applying for Natural Resource Permits
  • Subpart 3: Notification, Submissions, and Hearings
  • Subpart 4: Consideration of Application and Decision
  • Subpart 5: Conditions and Other Requirements for Decisions
  • Subpart 6: Nature of Permits, Commencement, Duration, and Review
• Part 5: Key Roles
  • Subpart 1: Functions and Powers of Central and Local Government
  • Subpart 2: Functions, Powers, and Duties of Regional Councils
  • Subpart 3: Transfer and Delegation of Powers
  • Subpart 4: System Performance, Environment Court, and Planning Tribunal
• Part 6: Enforcement and Other Matters
  • Subpart 1: Enforcement
  • Subpart 2: Emergency Works
  • Subpart 3: Regulations
  • Subpart 4: Miscellaneous
• Schedules (Schedules 1–7)
  • Schedule 1: Transitional, Savings, and Related Provisions
  • Schedule 2: Information Required in Application for Natural Resource Permit
  • Schedule 3: Process for Obtaining Wildlife Approvals Under this Act
  • Schedule 4: Coastal Matters
  • Schedule 5: Water Conservation Orders
  • Schedule 6: Freshwater Farm Plans
  • Schedule 7: Statutory Acknowledgements

Objectives

The Act establishes the following objectives to be achieved through its implementation. A notable feature is its emphasis not only on protecting the natural environment and human health but also on safeguarding the rights and interests of the Māori people.

• Enable the use and development of natural resources, including the production of food and fiber (including aquaculture).
• Protect the life-supporting capacity of air, water, soil, and ecosystems.
• Protect human health from harm caused by the discharge of contaminants.
• Support and promote improvements to the natural environment.
• Protect significant indigenous biodiversity.
• Protect people from natural hazard risks that arise from, or are affected by, the use or protection of natural resources.
• Safeguard Māori interests by:
  • Ensuring Māori participation in the development of national policies, regional spatial strategies, and natural environment plans;
  • Identifying and protecting places of significance to Māori, including sacred sites, water bodies, and locations within or over the coastal marine area; and
  • Enabling the development and protection of identified Māori land.

Requirement to Obtain Permits

Under Part 2, Subpart 2: Duties and Restrictions, permits are required for the following activities:

• Land use
• Use of the coastal marine area
• Use of riverbeds and lakebeds
• Use of water resources
• Discharge of contaminants:
  • Discharges into water bodies
  • Discharges of contaminants to air and land from industrial or commercial facilities
• Disposal or burning of waste
• Discharges of harmful substances and other materials from ships and offshore installations
• Disposal of radioactive waste and related materials

These permits are collectively referred to as Natural Resource Permits and are classified into four categories:

• Coastal Permits
• Discharge Permits
• Land Use Permits
• Water Permits

Under the former Resource Management Act 1991, approvals relating to urban development, building construction, subdivision, water use, contaminant discharges, and coastal activities were all handled through a single authorization known as a Resource Consent.

Under the newly enacted legislative framework, responsibilities have been divided between two separate laws. The Natural Environment Act 2026 governs permits related to the use and protection of natural resources through the Natural Resource Permit system, while the Planning Act 2026 regulates urban planning, construction, and land development activities through Planning Consents.

Detailed provisions concerning Natural Resource Permits are set out in Part 4 of the Act.

Environmental Limits

One of the key new concepts introduced by the Act is that of Environmental Limits.

Under the Natural Environment Act 2026, Environmental Limits consist of:

• Limits on ecosystem health, together with associated interim limits; or
• Limits on human health, together with associated interim limits.

The first category, limits on ecosystem health, is established to protect the life-supporting capacity of the natural environment and is set through Natural Environment Plans. The second category, limits on human health, is established to protect human health and is set through National Standards.

Where a business activity exceeds an applicable Environmental Limit, a Natural Resource Permit cannot be granted.

Natural Resource Levies

Sections 328 and 329 of the Act establish a framework for Natural Resource Levies.

Under these provisions, the Governor-General of New Zealand is empowered to make regulations imposing levies on activities involving the use of natural resources.

In developing such regulations, consideration may be given to:

• Identifying the natural-resource-use activities subject to levies;
• Establishing different levy rates based on resource type or geographic area;
• Determining the amount of the levy or the method for calculating it; and
• Designating the persons responsible for payment.

Management of Contaminated Land

Sections 344 to 346 of the Act contain provisions relating to contaminated land.

Owners of contaminated land, as well as owners and operators of sites where hazardous activities or industries have been conducted, are required to notify the relevant regional council of the contamination status and land-use conditions and to provide environmental investigation reports and related information.

In addition, polluters who have unlawfully caused contaminant discharges are liable for the payment or reimbursement of the actual costs incurred in preventing, remedying, or mitigating environmental harm.

EnviX Comment

The Act will serve as the cornerstone of New Zealand’s natural resource management framework.

In particular, the overhaul of the permitting system is expected to have significant implications for development projects that may affect natural capital, requiring businesses to pay close attention to the new requirements.

Another area to watch is the newly introduced Natural Resource Levy regime. Although the specific resources and categories of regulated entities have not yet been determined, the future regulations could potentially impose unforeseen costs on businesses, depending on how the levy framework is designed.

Related Materials

• Natural Environment Act 2026
  https://www.legislation.govt.nz/act/public/2026/71/en/latest/#LMS1520775
• Planning Act 2026
  https://www.legislation.govt.nz/act/public/2026/70/en/latest/#LMS1035809