-Content supplied by Bay of Plenty Regional Council

Recent changes to the Resource Management Act have extended the life of many resource consents. However, water-related consents granted before the RMA came into force in 1991 are an important exception.

In the Bay of Plenty, more than 800 resource consents that have recently expired or are due to expire will be automatically extended to December 31, 2027.

This extension is intended to provide certainty while replacement legislation for the RMA is progressed, and longer-term arrangements are established.

Bay of Plenty Regional Council is in the process of contacting all affected consent holders and, where a replacement consent application has already been lodged, the regional council will contact the consent holder directly to discuss the next steps.

Exceptions

However, the extension does not apply to certain water-related consents, including consents for taking water, dams and other water-related structures, and discharges to water. Under the RMA, these consents are subject to a maximum duration of 35 years.

As a result, pre-1991 water-related consents will still expire on October 1, 2026.

To continue taking water above permitted activity limits beyond this date, a replacement resource consent is required. To retain priority access to existing water allocation, applications must be lodged before April 1, 2026, under section 124 of the RMA.

Consent holders may need to upgrade equipment as part of this process. This may include installing or verifying water meters, setting up telemetry or adding backflow prevention devices where fertigation is used. With high demand expected, early upgrades will help ensure a smooth process.

The regional council has sent unique links to online replacement application forms to all groundwater consent holders with consents expiring in October 2026. The online form is designed to be quick, simple and allow consent holders to save the form and exit throughout the process.

New consents

For those planning to start a new activity requiring a consent, the current planning and consenting framework continues to apply.

While the Government has announced further reforms to replace the RMA, new legislation has not yet been enacted. Until new Bills are passed and come into force:

- existing regional plans remain operative

- current consent rules and processes continue to apply

- consent applications will be assessed under current law

This means applications can still be lodged and processed in the usual way.

Looking ahead

The Government has signalled significant changes to resource management legislation, including how freshwater is managed in the future. However, until new laws are formally adopted, the current system remains in place.

For those holding water-related consents nearing expiry, now is a good time to review consent conditions and expiry dates, understand permitted activity allowances and seek advice early if a replacement consent may be needed.

Further information on the legislative changes and the replacement consent process is available on the regional council’s website: boprc.govt.nz/expiring-consents

If you’re unsure how these changes may apply to you, contacting the consents team at your regional council early can help clarify your options and next steps.

-By Bay of Plenty Regional Council regulatory services general manager Reuben Fraser