04 September 2025

Stronger RMA infringement regime in place

The Regional Government Partnership – Te Uru Kahika – said it’s a good day for environmental compliance in New Zealand as new infringement regulations come into force that strengthen the penalties for breaches to the Resource Management Act (RMA).

The new Resource Management (Infringement Offences) Amendment Regulations 2025 give councils stronger tools to deter serious environmental breaches, while reinforcing the graduated approach councils take to compliance monitoring and enforcement.

Gina Ferguson, Convenor of Te Uru Kahika Resource Managers Group and Group Manager for Consents and Compliance at Marlborough District Council, explained the changes are meaningful.

“We welcome the new regulations that strengthen the penalty regime for environmental non-compliance.  The changes in force from today support the polluter pays principle and provide stronger deterrence,” said Ms Ferguson.

The regulations increase infringement fees, introduce separate offence categories, expand the range of offences, and update statutory forms. For the first time, the fees also distinguish between individuals and companies, recognising when non-compliance is for financial gain.

Ms Ferguson went on to say deterrence is a critical tool in a wider compliance monitoring and enforcement system because in a country like New Zealand, environmental compliance underpins our health and the economy.

“Compliance in the environmental space is incredibly important. It matters for our communities and for our economy.

“Our primary industries and tourism sector depend on a healthy environment. With effective regulatory compliance, our aquaculture will remain healthy and world class, enough water will be available to support farming and other industry, and people will continue to come here to experience our beautiful outdoors,” said Ms Ferguson.

The regulations coming into effect today include:

  • Increased infringement fees of $600–$2,000 for individuals and $1,200–$4,000 for companies
  • Splitting the previous land-use offence into two distinct categories
  • Including dumping and incineration offences in the coastal marine area

 

Te Uru Kahika’s Compliance Monitoring and Enforcement Metrics Report 2023/2024 revealed that last year councils carried out tens of thousands of monitoring visits, with the vast majority of issues resolved through advice and engagement. Only a fraction of cases escalated to infringement notices or prosecutions.

Ms Ferguson said while enforcement is important, it’s part of a wider system.

“Regional and unitary council staff know that most people want to do the right thing, and they want their neighbours to do the same. That’s why we take a graduated approach of educating, enabling and engaging, and when necessary, we enforce.

“Having meaningful penalties for infringements makes the system fairer and more effective,” said Ms Ferguson.

Councils have been engaging with central government and industry around the new regulations and will continue to actively work with communities to ensure environmental compliance.

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