Auckland Council welcomes the Government’s move to significantly strengthen penalties for breaches of the Resource Management Act (RMA), describing the changes as a long overdue step toward ensuring accountability for those who put the environment at risk.
As of 21 August, the maximum penalty for a person convicted of breaching the RMA has increased from $300,000 to $1 Million, while the maximum penalty for a company has increased from $600,000 to $10 million.
As well as tougher criminal sanctions, on-the-spot fines for RMA breaches are also set to increase from 4 September. Where the current infringement fees vary between $300 and $1000, with no separate fees for individuals or companies, maximum fines will increase next week to $2000 for an individual and $4000 for a company.
Auckland Council Compliance Manager Adrian Wilson says the changes mark the most significant reform of RMA enforcement in decades.
"The council has been calling for tougher enforcement fines, which were last reviewed in 1999, for years. The substantial increases send the message that environmental rules matter, and there are real consequences for those who ignore them.”
As of 21 August, councils can also now recover costs associated with investigating RMA breaches from proven offenders, relieving the ratepayer of this burden. A ban on insurance cover for RMA fines has also been introduced, ensuring penalties remain the responsibility of offenders.
“By shifting compliance costs directly to those whose activities generate environmental risks, the system promotes fairness, discourages non-compliance, and reinforces the ‘polluter pays’ principle,” says Mr Wilson.
He says that where previously a company might have factored the compliance costs of RMA breaches into their overall project costs, the new fines should deter people from taking that risk.
“We see individuals and companies who will knowingly breach the RMA, sometimes repeatedly, demonstrating a total disregard for environmental rules and regulations. We hope the new, more appropriate penalties will put a stop to that behaviour”.
Under the new rules, maximum imprisonment terms have also decreased from two years to 18 months, streamlining prosecutions by removing the option of jury trials.
More information on the legislative changes: Resource Management (Infringement Offences) Amendment Regulations 2025 (SL 2025/162) – New Zealand Legislation
