RMA Reform 2026: What Could Change for Contaminated Land?
If you have a development, infrastructure or land-use project in the pipeline, the way contaminated land is assessed and managed in New Zealand could be changing.
The Government is progressing a new planning and environmental framework intended to replace the Resource Management Act 1991 (RMA) with two separate pieces of legislation: the Planning Bill and the Natural Environment Bill.
For businesses working with potentially contaminated land, the detail matters. Changes to planning rules, national direction, environmental limits and consenting processes could affect how sites are investigated, developed and managed.
The final framework is not yet settled, but there are several areas worth keeping on the radar now.
Current Proposals
The proposed system would separate land-use planning from natural resource management.
The Planning Bill is intended to provide the framework for planning and regulating the use and development of land, while the Natural Environment Bill focuses on the use, protection and enhancement of the natural environment.
The Government's wider reform programme also includes greater national direction and more standardised planning and environmental requirements.
At the same time, the current RMA framework remains in operation while the replacement system is developed.
For project teams, that means there is a period where current requirements still apply while the future framework is taking shape.
What could this mean for contaminated land?
1. Earlier consideration of contamination risk
Under the current system, contaminated land assessment can become a key consideration when land is being subdivided, its use is changing or soil is being disturbed. The existing National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health (NESCS) provides nationally consistent controls for certain activities involving potentially contaminated land.
The proposed planning system places greater emphasis on nationally directed and standardised approaches.
For developers and asset owners, this reinforces the value of identifying potential contamination before major design, consenting or construction decisions are locked in.
A site investigation carried out early can help establish:
whether previous land uses present a contamination risk
what further investigation may be required
whether soil disturbance could trigger additional requirements
whether remediation or soil management may affect the project
whether contamination could create constraints for the proposed land use.
This is not simply a regulatory question. Finding an issue early can also give project teams more options around design, programme and cost.
2. National rules may play a greater role
One of the stated objectives of the proposed system is to simplify national direction and increase consistency in planning and environmental requirements.
For contaminated land, the practical question will be how these national requirements interact with site-specific risks and regional planning requirements.
The current NESCS already provides a nationally consistent framework for assessing and managing certain activities involving contaminated soil. However, the new system could change how contaminated land requirements sit within the wider planning and environmental framework.
Until the replacement framework and supporting instruments are finalised, this remains an area to watch rather than a settled outcome.
3. Human health and environmental limits
The proposed new system includes environmental limits relating to areas such as land and soil, alongside a broader focus on human health and environmental outcomes.
For contaminated land projects, this could make the relationship between contaminant levels, exposure pathways, land use and environmental effects increasingly important.
That could be particularly relevant where a project involves:
residential or other sensitive land uses
significant soil disturbance
redevelopment of historically industrial sites
potential groundwater impacts
movement or disposal of contaminated soil.
The exact requirements will depend on the final legislation and supporting instruments, so it is too early to assume how these changes will apply to individual projects.
4. Remediation decisions could have a bigger project impact
Contamination is rarely just a consenting issue.
If contamination is identified, project teams may need to consider whether soil should be removed, treated, contained or managed in place. Those decisions can affect excavation methods, material handling, disposal requirements, construction sequencing and overall project costs.
For property transactions, understanding the extent and nature of contamination can also form part of assessing the environmental risks associated with acquiring, developing or changing the use of a site.
As the regulatory framework develops, having a clear understanding of site conditions will remain important when deciding what remediation or management approach is appropriate.
5. Soil reuse could become an increasingly practical consideration
For many projects, contaminated or potentially contaminated soil is also a materials-management issue.
Where excavated material cannot simply remain on site, disposal, transport and replacement can add cost and affect construction programmes. Where material can be appropriately managed or reused, there may be opportunities to reduce unnecessary movement and disposal.
The direction of reform places greater emphasis on enabling development while managing environmental effects within defined limits.
For project teams, this makes early consideration of soil quality, excavation volumes and potential reuse pathways worthwhile particularly on larger developments and infrastructure projects.
Policy Direction
There is a lot of discussion around RMA reform, but it is important to separate what is already in place from what is still being developed.
What we know
The Government is progressing two Bills intended to replace the RMA: the Planning Bill and Natural Environment Bill.
Both Bills have progressed through Select Committee consideration.
The proposed system includes greater national direction and standardisation.
The existing RMA framework remains relevant while the replacement system is developed.
Current national direction will form part of the transition towards the new planning framework.
What is still uncertain
For contaminated land specifically, project teams will need to watch how the final framework addresses:
the future role of the current NESCS
transitional arrangements for existing applications and consents
investigations and reports completed under the current system
projects already in design or construction
how contaminated land requirements will interact across the two new Bills
the detail of future national standards and other supporting instruments.
This is where the difference between proposed reform and confirmed requirements is important. The Bills provide the framework, but many of the practical details will depend on the legislation as enacted and the national direction that follows.
What should project teams consider?
For projects involving land acquisition, redevelopment, subdivision, infrastructure or significant soil disturbance, waiting for every detail of the new system may not be practical.
Instead, consider whether you have enough information to make decisions under the current regulatory framework while keeping the proposed changes in view.
That could mean:
Reviewing existing site information
Do you have a clear understanding of the site's previous uses and any potential contamination risks?Bringing investigations into the project programme early
If contamination could affect design, consenting, excavation or disposal, finding that out early can provide more time to respond.Considering remediation and soil management alongside design
Understanding what may happen to excavated material can help avoid surprises later in the construction programme.Checking the status of current applications and consents
If your project is already underway, consider how its timing could interact with future transitional arrangements.Keeping an eye on the changing national framework
Projects that span several years may need to account for both current requirements and the direction of the replacement system.
Planning a project involving potentially contaminated land?
The RMA replacement is still developing, and the final implications for contaminated land will depend on the legislation and supporting instruments that are ultimately adopted.
What is clear is that contaminated land considerations are best addressed early.
SQN can help project teams understand potential contamination risks, assess site information, plan appropriate investigations and consider remediation or soil-management requirements within the current regulatory framework.
For projects that may span the transition to the new system, we can also help identify the key regulatory considerations to keep in view as the framework develops.
If you have a project coming up and aren’t sure how the RMA changes may affect your site, the SQN Geosciences team can help you work through what to consider.
Book a consultation call here