New Zealand’s 54th Parliament has been busy. That work looks set to continue after the 2026 election, with more than 60 bills still in progress as Parliament rises for the election.
Four law reforms that have recently been enacted are set to reshape the New Zealand property law landscape. They are:
- Building (Earthquake-prone Buildings) Amendment Act 2026 – seismic rules become narrower in scope and risk-based.
- Public Works Amendment Act 2026 – public works acquisitions may move faster.
- Planning Bill and Natural Environment Bill – planning becomes more consolidated.
- Emergency Management Act 2026 – emergency management becomes more coordinated between responsible organisations.
The common direction of the new legislation is clear: narrower, more targeted regulation designed to make decision-making and administration faster and more efficient.
1. Earthquake-prone buildings – a narrower risk-based regime
The Building (Earthquake-prone Buildings) Amendment Act 2026 received Royal assent on 25 September 2026. The seismic-zone changes have now taken effect, and the wider risk-based assessment regime changes will apply from 1 July 2027.
What changes?
- Low seismic zones excluded: Low seismic zones are outside the regime, meaning no statutory seismic upgrade works are required for buildings in those regions. This will be welcome news for building owners in Auckland, the Chatham Islands and the upper North Island low seismic zones. Parts of Dunedin, coastal Otago and Stewart Island will move into medium seismic zones.
- Specific types of buildings affected: From 1 July 2027, only specific types of buildings in medium and high seismic zones can be designated earthquake-prone, namely unreinforced masonry buildings and tall, heavy-material buildings. A new methodology will guide the assessment of seismic risk and determine proportionate mitigation steps, which could include façade mitigation or targeted retrofits.
- Contracts and leases: Review existing contracts and leases for outdated %NBS triggers and strengthening duties. Parties will need to consider good-faith renegotiation of pre-amendment earthquake-prone building provisions in existing contracts. Contractual standards that remain higher than the statutory minimum may remain enforceable.
- Market realignment: Lenders, occupiers and insurers may take time to move on from %NBS ratings and recalibrate their minimum building standards.
- Health and safety: The corresponding amendment to the Health and Safety at Work Act 2015 should give owners and occupiers comfort that compliance with the seismic regime in the Building Act 2004 will mean compliance with their corresponding obligations under the Health and Safety at Work Act 2015 in respect of seismic risks.
2. Public Works Act – faster acquisition and revised compensation
The Public Works Amendment Act 2026 received Royal assent on 25 September 2026. It is the second tranche of Public Works Act reform following the Public Works (Critical Infrastructure) Amendment Act 2025. The Act makes targeted changes to the acquisition regime to reduce delay and uncertainty while retaining landowner protections.
What changes?
- Earlier agreement: An eligible owner who enters into a voluntary acquisition agreement before a notice of intention to take the land is issued may receive additional compensation of 10% of the land value, subject to a NZD5,000 minimum and a NZD100,000 cap.
- Coordination: Acquiring authorities can coordinate connected acquisitions for combined projects.
- Transpower: Transpower now has specified Public Works Act acquisition powers. This allows Transpower to acquire land by agreement with landowners or, failing agreement, take land for Transpower projects. This could support data centre development by enabling Transpower to secure the land and property rights needed to deliver new or upgraded transmission infrastructure more quickly.
- Emergency recovery: A faster acquisition process could be activated by Order in Council to support the timely and efficient restoration of a public work following an emergency.
3. RMA overhaul – a new planning and natural environment system
The Planning Act 2026 and Natural Environment Act 2026 received Royal assent on 30 September 2026. Together, they will replace the Resource Management Act 1991 with separate legislation for land-use planning and natural environment management.
What changes?
- Two statutes: The Planning Act would govern land use, development and subdivision; the Natural Environment Act would govern environmental use and protection.
- Fewer plans: Each region would have one combined plan, supported by a 30-year spatial plan.
- More national direction: Central government could prescribe standard zones, standards and policy.
- Narrower regulation: The Bills would reduce the number of consents required by narrowing the range of regulated effects and expanding permitted uses.
- Transitional period: The RMA will continue to govern most consenting and enforcement during the transitional period, with amendments and initial national rules taking effect progressively while new national and regional planning instruments are prepared.
4. Emergency Management Act 2026 – resilience becomes a property issue
The Emergency Management Act 2026 received Royal assent on 3 September 2026 and came into force on 4 September 2026. It repealed and replaced the Civil Defence Emergency Management Act 2002. The Act draws on lessons from the North Island severe weather events and establishes a more structured national and regional emergency management system.
What changes?
- Consolidation of roles: The Act clarifies national, regional and local roles and replaces “lifeline utilities” with a framework for essential infrastructure. It enhances continuity planning, information sharing, coordination and readiness frameworks, and includes response and recovery powers affecting access to and work on land and buildings.
- Emergency plans: The Act sets out a process for developing and periodically reviewing national and regional emergency plans, with appropriate consultation with community and iwi groups. The plans and the powers under the Act to respond to an emergency exist in parallel.
- Lead agency: The Act introduces the concept of a “lead agency”, being a government agency identified in the national emergency management plan as the lead agency for particular emergencies. Lead agency status may be transferred where appropriate.
- Essential infrastructure providers: Essential infrastructure providers have duties that include ensuring essential services can function to the fullest extent possible during and after an emergency, even if at a reduced level.
A more targeted and efficient property law framework
Together, these reforms signal a shift towards more targeted regulation, faster decision-making and clearer allocation of risk. They should support development and infrastructure delivery by reducing regulatory and acquisition barriers while placing greater emphasis on resilience and coordinated planning. However, transitional uncertainty and the time needed for lenders, insurers and other market participants to adapt may delay tangible benefits.
This publication is intended as a general overview and discussion of the subjects dealt with. It is not legal advice and should not be used as a substitute for taking legal advice in any specific situation.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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