The Resource Management Act (RMA) includes provisions for monitoring and enforcing compliance. In August 2025, the Resource Management (Consenting and Other System Changes) Amendment Act was passed into law. If you run a business in New Zealand, these are changes you need to be aware of both as part of your daily operations and when lodging a resource consent application.
Key changes include:
- Imprisonment and Trials:
The maximum term of imprisonment has been reduced from 2 years to 18 months. As such, defendants in RMA prosecutions will no longer be eligible to elect trial by jury. - Enforcement Fines:
The maximum fines that courts can impose for breaching environmental rules have been increased from $300,000 to $1,000,000 for individuals, and from $600,000 to $10,000,000 for companies. - Council Cost Recovery
It is now easier for councils to directly charge resource users for ensuring they are complying, rather than relying on general rates to fund compliance activities. - Insurance Against Fines
People may no longer have insurance that pays their fines if they breach environmental rules. - Compliance History
Local authorities can now consider a person’s compliance history when making decisions about a resource consent application, and resource consents can be declined, revoked or suspended for ongoing or repeated serious breaches.
What Steps Should You Take?
- Know Your Compliance History
Conduct an internal compliance audit: past infringements, abatement orders, or non-compliance events matter more now. Understand what happened and why it happened.
Once you know the issues, it’s important to take steps to demonstrate that these have been addressed. This may mean planning for capital expenditure to upgrade equipment & infrastructure, dedicating time to staff training, or changing elements of your operation. - Proactively Manage Environmental Compliance
Investing in processes to improve monitor and demonstrate compliance will avoid enforcement and also set you up for success in the future. This may include undertaking regular monitoring, transparent reporting, and proactive risk identification & management.
The August 2025 amendments raise the bar for environmental performance. Failure to meet requirements can have immediate consequences as well as impacts for your future operations. If you need a tailored action plan or strategic advice, give Grounded Sustainability a call – we’re here to help with down to earth support.
