2025 Legal Brief Compendium
2025 Legal Brief Compendium
Tuesday 3 February, 2026
Introduction
The past year was one of significant momentum and change for the Resource Management and Local Government sectors. 2025 saw the Government advance a wide range of reforms to reshape the system. Alongside these reforms, the Courts offered important clarification on issues such as judicial review, bylaws, and election processes.
Throughout the year we tracked these developments and published the Legal Brief series to keep you informed as the developments unfolded.
This 2025 compendium revisits the year’s major reforms. We hope it serves as a practical guide as the sector continues to navigate a rapidly changing regulatory landscape in 2026 and beyond.
Highlights include:
- Resource Management reform updates, including the Government’s proposed planning framework to replace the Resource Management Act 1991 (RMA) and proposed changes to national direction including amendments to existing instruments and proposed new instruments.
- Local Government updates, covering key court decisions and the Government’s proposal to simplify local government structures.
- Notable case law, with decisions addressing bylaws and customary interests.
Resource Management Reform
RMA Reform: A New Planning Framework with Property Rights at its Core - 26 March, 2025
The Government released further detail on its proposed overhaul of the RMA, signalling a dual‑statute system centred on property rights and a more permissive planning approach.
Resource Management Reform Series - Unpacking the changes to National Direction - 2 July, 2025
The Government advanced Stage Two of its phased approach to RMA reform, releasing proposed amendments to national direction instruments to reshape regional and district planning frameworks.
As part of the national direction reform series, we explored:
- Building Tomorrow: The New National Policy Statement for Infrastructure [KG2] - 9 July, 2025
The proposed new National Policy Statement for Infrastructure, addressing inefficiencies in the consenting (and reconsenting) of infrastructure under the RMA and ensuring that community infrastructure needs are met effectively.
- Powering the Future: Proposed Infrastructure Reforms - 10 July, 2025
The proposed amendments to existing national direction on renewable electricity generation, electricity transmission and telecommunication facilities.
- From Floods to Faults: New National Policy Proposed - 16 July, 2025
The proposed new National Policy Statement for Natural Hazards, aimed at improving national consistency in managing natural hazard risks.
- Unlocking the Development of Māori Land - 18 July, 2025
The proposed new National Environmental Standards for Papakāinga, introducing clear, consistent, more enabling standards for papakāinga development.
- Keeping it Fresh: Reforms to National Direction for Freshwater - 31 July, 2025
The proposed freshwater reform, including amendments to the National Policy Statement for Freshwater Management (introducing multiple objectives and amending/removing the concept of Te Mana o te Wai) and amending the National Objectives Framework.
- Reforms to National Direction for Freshwater: Continued - 11 August, 2025
Proposed targeted freshwater reforms across key areas including commercial vegetable growing, water security and storage, wetlands, fish passage, synthetic nitrogen fertiliser, and mapping of drinking water sources.
- The Future of Highly Productive Land Hangs in the Balance - 23 July, 2025
Proposed changes to the existing National Policy Statement for Highly Productive Land, including greater flexibility for LUC 3 land and the introduction of Special Agricultural Areas to protect key horticultural hubs.
- Proposed Changes to Stock Exclusion Rules - 29 July, 2025
The proposed amendment to the Resource Management (Stock Exclusion) Regulations 2020 to allow non‑intensively grazed beef cattle and deer to access certain wetlands, aiming to balance environmental protection with practical farming realities.
- The Calm Before the Reform? - 17 July, 2025
The Government proposed amendments to the RMA through the Resource Management (Consenting and Other System Changes) Bill to stop councils from advancing unnecessary plan changes in advance of the introduction of the legislation to replace the RMA.
Local Government
Avoiding Privacy Breaches When Publishing Resource Consent Information – 5 February, 2025
The Privacy Commissioner found that a council breached the Privacy Act by publishing personal information contained in correspondence linked to a resource consent application. This case provides important guidance on transparency and disclosure obligations.
High Court Ruling on Traffic Calming Measures - 28 August, 2025
The High Court found Auckland Transport acted outside its statutory powers when approving traffic calming measures. This case highlights the legal intricacies of road infrastructure law, as well as the importance of actively considering all relevant factors when making decisions.
The Public Works Act 1981 and Its Review – 8 July, 2025
This article summarises the review of the Public Works Act 1981, which proposed amendments to reduce the involvement of the Environment Court, streamline the compulsory land acquisition process and improve compensation frameworks.
Consultation Opens on Proposal for Simplifying Local Government - 26 November, 2025
The Government released its draft proposal for a ’simpler, more cost-effective local government,’ for public discussion. The proposal included replacing regional councillors with Combined Territories Boards who will develop regional reorganisation plans.
Consultation on Major Issues for Local Government - 26 November, 2025
Further Local Government reform proposals were released, including a development levies system to replace development contributions and a rates cap intended to reshape local government funding and financial settings.
Not all election results are straightforward - 17 December, 2025
This article discusses the areas of procedure under scrutiny following the 2025 local government elections including recount applications, a petition for inquiry, a complaint regarding interfering with or influencing voters, and a judicial review of decisions by an electoral officer regarding polls on Māori wards.
Notable caselaw:
Let's Combine Bylaws, Beaches, and Customary Interests - 25 March, 2025
The High Court in Hart v Marlborough District Council clarified the responsibility owed by local authorities to Māori when making significant decisions that may have an impact on their relationship to land or bodies of water.
Rainbow Crossing Upheld by High Court - 10 April, 2025
The High Court confirmed that a rainbow crossing in Wellington complies with the Traffic Control Devices Rule 2004 and provided useful guidance for road controlling authorities on the lawful use of roadway art.
Judicial Review – A Risky Business - 5 May, 2025
The costs decision of Mahora Residents Society Inc v Hastings District Council underscored the financial risks of commencing judicial review proceedings without merit and of acting unreasonably during the proceeding.
Exception not the Rule: Adjournment for Prospective Legislation - 28 May, 2025
In Transpower v Southland Regional Council, the Environment Court highlighted the type of rare circumstances in which proceedings may be adjourned pending prospective legislative change.
High Court sets high bar for costs against consenting panels - 16 June, 2025
The High Court in Glenpanel Development Ltd v Expert Consenting Panel reaffirmed that costs will only be awarded against quasi‑judicial panels in truly exceptional circumstances.
Statutory Delegation Gone Wrong: Can We Fix It? – 1 October, 2025
The Supreme Court highlighted that anyone exercising delegated statutory powers must confirm that their authority has been properly and formally conferred before acting and that the cost of error is high.
Legislation
Rating Māori Land - 17 March, 2025
The Local Government (Rating of Whenua Māori) Amendment Act 2021 introduced a framework for administering rates on Māori freehold land, offering some relief for landowners and improving the collection process for local authorities. The collection of rates on under-utilised Māori land has long been a source of frustration to local authorities, as has the rating burden on the owners and occupiers of such land. In fact, the rating burden has been, to some extent, both the reason for the lack of productive development of such land and for the resulting inability to pay the rates. This legislation does not resolve those issues, but it does offer some redress including an added purpose to: “facilitate the administration of rates in a manner that supports the principles set out in the Preamble to Te Ture Whenua Māori Act 1993”.
Non-consented small stand-alone dwellings - 30 June, 2025
The Building and Construction (Small Stand-alone Dwellings) Amendment Bill was introduced, which proposed to amend the Building Act, to permit the construction of small stand‑alone dwellings of up to 70 square metres without a building consent.
Forestry
Restriction on Farm-to-Exotic Forestry Conversions - 18 December, 2025
The Climate Change Response (Emissions Trading Scheme – Forestry Conversion) Amendment Act 2025 introduced new limits on the registration of exotic forestry on LUC class 1-6 land in the Emissions Trading Scheme.
Our thanks to Summer Intern Allie Clarke for her contribution to this compendium.
