Resource Management (National Environmental Standards for Papakāinga) Regulations 2026
Checking for alerts... Loading...
2026/166
Resource Management (National Environmental Standards for Papakāinga) Regulations 2026
Cindy Kiro, Governor-General
Order in Council
At Wellington this 2nd day of June 2026
Present:
Her Excellency the Governor-General in Council
These regulations are made under section 43 of the Resource Management Act 1991—
(a)
on the advice and with the consent of the Executive Council; and
(b)
on the recommendation of the Minister for the Environment made in accordance with section 44 of that Act.
Contents
Regulations
1 Title
These regulations are the Resource Management (National Environmental Standards for Papakāinga) Regulations 2026.
2 Commencement
These regulations come into force on 2 July 2026.
Preliminary provisions
3 Interpretation
(1)
In these regulations, unless the context otherwise requires,—
Act means the Resource Management Act 1991
ancillary non-residential activity means any of the following that is a use of land or buildings directly associated with the residential activities of a papakāinga development and supports and is subsidiary to those residential activities:
(a)
a commercial activity:
(b)
a conservation activity:
(c)
an educational facility:
(d)
a health care facility:
(e)
a shared kitchen or toilet facility:
(f)
a sport or recreation facility:
(g)
use of a tank, shed, or deck:
(h)
visitor accommodation for up to 8 guests (excluding manuhiri staying on a marae)
conservation activity means the use of land or buildings to manage, maintain, or enhance indigenous vegetation and indigenous fauna and their habitats, and includes—
(a)
weed and pest control; and
(b)
fencing; and
(c)
restoration planting; and
(d)
related environmental research; and
(e)
related education activities; and
(f)
access tracks and associated structures
General land owned by Maori has the meaning given in section 4 of Te Ture Whenua Maori Act 1993
health care facility means a facility used for providing health, mental health, or welfare services
Māori ancestral land—
(a)
means—
(i)
Maori customary land (as defined in section 4 of Te Ture Whenua Maori Act 1993) or Maori freehold land; and
(ii)
land set apart as a Maori reservation under Part 17 of Te Ture Whenua Maori Act 1993; and
(iii)
land vested in the Māori Trustee that is constituted as a Maori reserve by or under the Maori Reserved Land Act 1955 and remains subject to that Act; and
(iv)
General land owned by Maori—
(A)
that was previously Maori freehold land, but ceased to have that status in accordance with an order of the Māori Land Court made on or after 1 July 1993 and is beneficially owned by the persons who beneficially owned the land immediately before the land ceased to be Maori land, or their successors; and
(B)
that was previously Maori freehold land, but ceased to have that status under Part 1 of the Maori Affairs Amendment Act 1967 and is beneficially owned by the persons who beneficially owned the land immediately before the land ceased to be Maori land, or their successors; and
(C)
that was previously Maori land, and has at any time been acquired by the Crown or any local or public body for a public work or other public purpose, and has been subsequently returned to its former Māori owners or their successors, and is beneficially owned by the persons who it was returned to, or their successors; and
(v)
land held by or on behalf of an iwi or a hapū if the land was transferred from the Crown, a Crown body, or a local authority with the intention of returning the land to the holders of mana whenua over that land; but
(b)
does not include—
(i)
land that forms part of a natural feature that has been declared under an Act to be a legal entity or person (including Te Urewera land under section 7 of the Te Urewera Act 2014); and
(ii)
the maunga listed in section 10 of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Act 2014
Māori cultural activity means a use of land or buildings related to a papakāinga development for the social, cultural, or ceremonial purposes of Māori people, including activities ancillary to those purposes, for example, tourist activities
Maori freehold land has the meaning given in section 4 of Te Ture Whenua Maori Act 1993
Maori land has the meaning given in section 4 of Te Ture Whenua Maori Act 1993
Māori purpose zone means a Māori purpose zone (as listed in standard 8) or any other special purpose zone created for a purpose including the development of housing on Maori land
National Planning Standards means the National Planning Standards whose approval under section 58E of the Act was notified on 5 April 2019 (as amended or replaced from time to time)
papakāinga development means housing, ancillary non-residential activities, and Māori cultural activities on Māori ancestral land or post-settlement governance entity land that enables the owners to use their land and live in accordance with their culture, in perpetuity, and includes the following terms used in district or combined plans:
(a)
Māori housing development:
(b)
marae community:
(c)
papakāinga scheduled sites
post-settlement governance entity has the same meaning as in section 9 of the Urban Development Act 2020
residential zone means any of the following zones listed in standard 8 or any other special purpose zone created for a primarily residential purpose:
(a)
large lot residential zone:
(b)
low density residential zone:
(c)
general residential zone:
(d)
medium density residential zone:
(e)
high density residential zone:
(f)
neighbourhood centre zone:
(g)
future urban zone:
(h)
mixed use zone
rural zone means any of the following zones listed in standard 8 or any other special purpose zone created for a primarily rural, agricultural, or forestry purpose:
(a)
general rural zone:
(b)
rural production zone:
(c)
settlement zone:
(d)
rural lifestyle zone
site means—
(a)
an area of land comprised in a single record of title under the Land Transfer Act 2017; or
(b)
an area of land that comprises 2 or more adjoining legally defined allotments in such a way that the allotments cannot be dealt with separately without the prior consent of the council; or
(c)
the land comprised in a single allotment or balance area on an approved survey plan of subdivision for which a separate record of title under the Land Transfer Act 2017 could be issued without further consent of the council; or
(d)
despite paragraphs (a) to (c), in the case of land subdivided under the Unit Titles Act 1972 or the Unit Titles Act 2010 or a cross lease system, the whole of the land subject to the unit development or cross lease
sport or recreation facility means an area used predominantly for indoor or outdoor sport or active recreation activities, and associated facilities and structures
standard 8 means standard 8 (zone framework standard) of the National Planning Standards
standard 14 means standard 14 (definitions standard) of the National Planning Standards.
(2)
In these regulations, commercial activity, earthworks, educational facility, green infrastructure, intensive indoor primary production, quarrying activities, residential unit, rural industry, and visitor accommodation have the meanings given in standard 14.
(3)
If a territorial authority has not yet implemented the National Planning Standards, the terms defined in subclauses (1) and (2) that refer to those standards are to be read as the terms within its district or combined plan that are the nearest equivalents to those definitions.
4 Transitional, savings, and related provisions
The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.
Papakāinga development
5 Permitted activity: papakāinga development
(1)
A papakāinga development is a permitted activity within the following district or combined plan zones:
(a)
Māori purpose zone:
(b)
residential zone:
(c)
rural zone.
(2)
Subclause (1) applies only if—
(a)
the papakāinga development does not exceed 10 residential units per site on Māori ancestral land; and
(b)
any ancillary non-residential activity does not exceed 50% of the combined building floor area of residential units in the papakāinga development; and
(c)
the papakāinga development complies with the standards set out in regulation 14; and
(d)
the papakāinga development satisfies the requirements of regulations 15 and 16.
(3)
This regulation is subject to regulation 17.
6 Restricted discretionary activity: breach of standards or rules
(1)
A papakāinga development (other than an ancillary non-residential activity or a Māori cultural activity) that complies with regulation 5(1) and (2)(a) but does not comply with regulation 5(2)(c) or (d) is a restricted discretionary activity.
Matters to which discretion is restricted
(2)
In relation to a restricted discretionary activity under this regulation, discretion is restricted to—
(a)
whether the breach of regulation 5(2)(c) or (d) is appropriate to its surrounding context, taking into account—
(i)
the building height, bulk, and building coverage of the papakāinga development; and
(ii)
the adequacy of the proposed stormwater drainage infrastructure or on-site stormwater drainage; and
(iii)
the need for access for emergency services; and
(iv)
effects of the breach on—
(A)
land and water catchments; and
(B)
outstanding natural landscapes and features; and
(C)
public access to the coast lakes and rivers; and
(D)
historic heritage; and
(E)
privacy, shading, and visual dominance on adjoining properties; and
(b)
the following matters, to the extent that they relate to the breach of regulation 5(2)(c) or (d):
(i)
the effect of any measures proposed to mitigate visual dominance from building height, bulk, or building coverage, including those based on mātauranga Māori:
(ii)
whether there is sufficient existing or new infrastructure capacity available to service the papakāinga development:
(iii)
the social, economic, cultural, and well-being benefits to the papakāinga development landowners and residents; and
(c)
the extent to which the breach of regulation 5(2)(c) or (d) is needed to—
(i)
support the occupation and use of the land for the benefit of the landowners, their whānau, their hapū, and future generations; or
(ii)
provide for Māori to live on their land in accordance with tikanga Māori and mātauranga Māori.
7 Restricted discretionary activity: papakāinga development on land held by post-settlement governance entity (up to 30 residential units)
(1)
A papakāinga development of up to 30 residential units per site on land held by a post-settlement governance entity in their area of interest is a restricted discretionary activity.
Matters to which discretion is restricted
(2)
In relation to a restricted discretionary activity under this regulation, discretion is restricted to—
(a)
the extent to which the building height, bulk, building coverage, and scale of the papakāinga development, and the infrastructure to service it, may cause adverse environmental effects, and the extent to which those effects can be minimised or remedied, on—
(i)
land and water catchments; and
(ii)
outstanding natural landscapes and features; and
(iii)
public access to the coast lakes and rivers; and
(iv)
historic heritage; and
(v)
privacy, shading, and visual dominance on adjoining properties; and
(vi)
the safe and efficient operation and functioning of the transport network; and
(b)
the availability and capacity of infrastructure to service the proposed scale of the papakāinga development; and
(c)
the extent to which the papakāinga development is appropriate to its surrounding context, taking into account—
(i)
the building height, bulk, building coverage, and scale of the papakāinga development; and
(ii)
the adequacy of the proposed stormwater drainage infrastructure or on-site stormwater drainage; and
(d)
the social, economic, cultural and well-being benefits to the papakāinga development landowners and residents; and
(e)
whether the papakāinga development provides for—
(i)
the occupation, development, and use of land that is a taonga tuku iho to Māori, for the benefit of landowners, their whānau, their hapū, and future generations; and
(ii)
measures proposed to ensure that the land will remain in use as a papakāinga development in the long term.
8 Restricted discretionary activity: papakāinga development outside permitted zones (up to 30 residential units)
(1)
A papakāinga development of up to 30 residential units is a restricted discretionary activity if it is located on a site outside—
(a)
a residential zone; or
(b)
a rural zone; or
(c)
a Māori purpose zone.
Matters to which discretion is restricted
(2)
In relation to a restricted discretionary activity under this regulation, discretion is restricted to—
(a)
the extent to which the building height, bulk, building coverage, and scale of the papakāinga development, and the infrastructure to service it, may cause adverse environmental effects, and the extent to which those effects can be minimised or remedied, on—
(i)
land and water catchments; and
(ii)
outstanding natural landscapes and features; and
(iii)
public access to the coast lakes and rivers; and
(iv)
historic heritage; and
(v)
the safe and efficient operation and functioning of the transport network; and
(b)
the availability and capacity of infrastructure to service the proposed scale of the papakāinga development; and
(c)
the extent to which the papakāinga development is appropriate to its surrounding context taking into account—
(i)
the nature of land use permitted in the zone and the compatibility of the papakāinga development with that land use; and
(ii)
the building height, bulk, building coverage, and scale of the papakāinga development; and
(iii)
the adequacy of the proposed stormwater drainage infrastructure or on-site stormwater drainage; and
(d)
the social, economic, cultural and well-being benefits to the papakāinga development landowners and residents; and
(e)
whether the papakāinga development provides for the occupation, development, and use of land that is a taonga tuku iho to Māori, for the benefit of landowners, their whānau, their hapū, and future generations.
9 Restricted discretionary activity: papakāinga development within permitted zones (11 to 30 residential units)
(1)
A papakāinga development of between 11 and 30 residential units is a restricted discretionary activity if it is located on a site in—
(a)
a residential zone; or
(b)
a rural zone; or
(c)
a Māori purpose zone.
Matters to which discretion is restricted
(2)
In relation to a restricted discretionary activity under this regulation, discretion is restricted to—
(a)
the extent to which the building height, bulk, building coverage, and scale of the papakāinga development, and the infrastructure to service it, may cause adverse environmental effects, and the extent to which those effects can be minimised or remedied, on—
(i)
land and water catchments; and
(ii)
outstanding natural landscapes and features; and
(iii)
public access to the coast lakes and rivers; and
(iv)
historic heritage; and
(v)
privacy, shading, and visual dominance on adjoining properties; and
(vi)
the safe and efficient operation and functioning of the transport network; and
(b)
the availability and capacity of infrastructure to service the proposed scale of the papakāinga development; and
(c)
the extent to which the papakāinga development is appropriate to its surrounding context, taking into account—
(i)
the building height, bulk, building coverage, and scale of the papakāinga development; and
(ii)
the adequacy of the proposed stormwater drainage infrastructure or on-site stormwater drainage; and
(iii)
whether the papakāinga development mitigates any visual dominance resulting from the building height, bulk, building coverage, and scale of the papakāinga development including mitigation measures based on mātauranga Māori; and
(d)
the social, economic, cultural, and well-being benefits to the papakāinga development landowners and residents; and
(e)
whether the papakāinga development provides for the occupation, development, and use of land that is a taonga tuku iho to Māori, for the benefit of landowners, their whānau, their hapū, and future generations.
10 Restricted discretionary activity: papakāinga development adjacent to intensive indoor primary production, mining activities, quarrying activities, or rural industry (up to 30 residential units)
(1)
A papakāinga development of up to 30 residential units is a restricted discretionary activity if it is located on a site next to intensive indoor primary production, mining activities, quarrying activities, or rural industry.
Matters to which discretion is restricted
(2)
In relation to a restricted discretionary activity under this regulation, discretion is restricted to—
(a)
the extent to which the building coverage and scale of the papakāinga development, and the infrastructure to service it, may cause adverse environmental effects, and the extent to which those effects can be minimised or remedied, on—
(i)
land and water catchments; and
(ii)
outstanding natural landscapes and features; and
(iii)
public access to the coast lakes and rivers; and
(iv)
historic heritage; and
(v)
the safe and efficient operation and functioning of the transport network; and
(b)
the availability and capacity of infrastructure to service the proposed scale of the papakāinga development; and
(c)
the extent to which the papakāinga development is appropriate to its surrounding context, taking into account—
(i)
the nature of land use located or permitted on adjacent land; and
(ii)
the potential noise and odour effects of the intensive indoor primary production, mining activity, quarrying activity, or rural industry on the papakāinga development and the effect of mitigation measures; and
(d)
the social, economic, cultural, and well-being benefits to the papakāinga development landowners and residents; and
(e)
whether the papakāinga development provides for the occupation, development, and use of land that is a taonga tuku iho to Māori, for the benefit of landowners, their whānau, their hapū, and future generations.
(3)
If a papakāinga development meets the descriptions in both regulation 9(1) and regulation 10(1), then regulation 10 applies to that development.
11 Discretionary activity: papakāinga development over 30 residential units
A papakāinga development of over 30 residential units per site on Māori ancestral land or post-settlement governance entity land is a discretionary activity.
Ancillary non-residential activities
12 Restricted discretionary activity: non-compliant ancillary non-residential activities
(1)
An ancillary non-residential activity that complies with regulation 5(1) but does not comply with regulation 5(2)(b), (c), or (d) is a restricted discretionary activity.
Matters to which discretion is restricted
(2)
In relation to a restricted discretionary activity under this regulation, discretion is restricted to—
(a)
the extent to which the building height, bulk, building coverage, and scale of the ancillary non-residential activity, and the infrastructure to service it, may cause adverse environmental effects, and the extent to which those effects can be minimised or remedied, on—
(i)
land and water catchments; and
(ii)
outstanding natural landscapes and features; and
(iii)
public access to the coast, lakes, and rivers; and
(iv)
historic heritage; and
(v)
privacy, shading, and visual dominance on adjoining properties; and
(vi)
the safe and efficient operation and functioning of the transport network; and
(b)
the availability and capacity of infrastructure to service the proposed scale of the ancillary non-residential activity; and
(c)
the extent to which the ancillary non-residential activity is appropriate to its surrounding context, taking into account—
(i)
the building height, bulk, building coverage, and scale of the ancillary non-residential activity; and
(ii)
the adequacy of the proposed stormwater drainage infrastructure or on-site stormwater drainage; and
(d)
the social, economic, cultural and well-being benefits to the papakāinga development landowners and residents; and
(e)
whether the ancillary non-residential activity provides for the occupation, development, and use of land that is a taonga tuku iho to Māori, for the benefit of landowners, their whānau, their hapū, and future generations.
Māori cultural activities
13 Restricted discretionary activity: Māori cultural activities
(1)
A Māori cultural activity that complies with regulation 5(1) but does not comply with regulation 5(2)(c) or (d) is a restricted discretionary activity.
Matters to which discretion is restricted
(2)
In relation to a restricted discretionary activity under this regulation, discretion is restricted to the extent to which the proposed activities—
(a)
support the occupation and use of the land for the benefit of the landowners, their whānau, their hapū, and future generations; and
(b)
provide for Māori to live on their land in accordance with tikanga Māori and mātauranga Māori.
Standards
14 Permitted activity: standards
The standards are as follows:
Building coverage
(a)
the building coverage for the site must—
(i)
be no more than 50% in a residential zone or a rural zone:
(iii)
comply with the district or combined plan in a Māori purpose zone:
Setback from boundaries
(b)
the papakāinga development (including any ancillary non-residential activity) must—
(i)
be set back no less than 2 metres from the front, side, and rear boundaries of the site in a residential zone:
(ii)
be set back no less than 5 metres from boundaries with neighbouring properties and 3 metres from the front boundary of the site in a rural zone:
(iii)
comply with the site setback requirements in the district or combined plan in a Māori purpose zone.
15 District or combined plan rules and standards
(1)
A papakāinga development must comply with the rules and standards in a district or combined plan or other regulations that deal with the matters in subclause (2), if they are applicable.
(2)
The matters are—
(a)
access ways:
(b)
building height:
(c)
earthworks:
(d)
electricity networks:
(e)
flood control infrastructure:
(f)
green infrastructure:
(g)
lighting:
(h)
natural hazards:
(i)
noise:
(j)
noise from airports and ports:
(k)
relocatable buildings:
(l)
road networks:
(m)
setbacks from rail corridors:
(n)
setbacks from regionally and nationally significant infrastructure:
(o)
setbacks from waterways and wetlands:
(p)
stormwater:
(q)
traffic generation:
(r)
waste water and water supply.
(3)
A papakāinga development must comply with the rules and overlays in a district or combined plan for historic heritage, outstanding natural features and landscapes, and wāhi tapu.
(4)
No other rules or standards in a district or combined plan apply to a papakāinga development.
16 Regional plan rules
A papakāinga development must comply with any rules in a regional plan that are applicable to the development or activity.
District plan rules and standards may be more lenient
17 District or combined plan rules and standards may be more lenient
(1)
A district or combined plan rule or standard that applies to a papakāinga development may be more lenient than the rules in regulation 5(1) and 5(2)(a).
(2)
A district or combined plan rule or standard that applies to a papakāinga development may be more lenient than a standard set by regulation 14.
Limited notification
18 Limited notification
Notification for a papakāinga development with restricted discretionary activity status is limited to the following:
(a)
iwi authorities:
(b)
joint management entities:
(c)
the New Zealand Transport Agency (if the development will access a state highway):
(d)
local authorities:
(e)
immediate neighbours.
Schedule 1 Transitional, savings, and related provisions
Part 1 Provisions relating to these regulations as made
There are no transitional, savings, or related provisions in these regulations as made.
Rachel Hayward,
Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations but is intended to indicate their general effect.
These regulations, which come into force on 2 July 2026, set out national environmental standards for papakāinga developments. Papakāinga developments are housing, ancillary non-residential activities, and Māori cultural activities on Māori ancestral land or land owned by a post-settlement governance entity in their area of interest, including Treaty settlement land, that enable the owners to use their land and live in accordance with their culture in perpetuity.
Regulation 5 provides that a papakāinga development is a permitted activity in Māori purpose zones, residential zones, and rural zones in a district or combined plan if—
the papakāinga development does not exceed 10 residential units per site on Māori ancestral land; and
any ancillary non-residential activity does not exceed 50% of the combined building floor area of residential units in the papakāinga development; and
the papakāinga development complies with the standards set out in regulation 14; and
the papakāinga development satisfies the requirements of regulations 15 and 16.
The regulations provide that a papakāinga development is a restricted discretionary activity in the following cases:
for activities other than an ancillary non-residential activity or a Māori cultural activity, where it complies with regulation 5(1) and (2)(a) but does not comply with regulation 5(2)(c) or (d):
for an ancillary non-residential activity, where it complies with regulation 5(1) but does not comply with regulation 5(2)(b), (c), or (d):
for a Māori cultural activity, where it complies with regulation 5(1) but does not comply with regulation 5(2)(c) or (d):
where it consists of up to 30 residential units per site on land held by a post-settlement governance entity:
where it consists of up to 30 residential units on a site outside a Māori purpose zone, residential zone, or rural zone:
where it consists of between 11 and 30 residential units on a site within a Māori purpose zone, residential zone, or rural zone:
where it consists of up to 30 residential units per site on land adjacent to intensive indoor primary production, mining activities, quarrying activities, or rural industry.
Regulation 15 describes the rules and standards in a district or combined plan or other regulations that a papakāinga development must comply with.
Regulation 16 requires a papakāinga development to comply with applicable regional plan rules.
Regulation 17 permits a district or combined plan rule or standard that applies to a papakāinga development to be more lenient than regulation 5(1) and 5(2)(a) and the standard set by regulation 14.
Regulation 18 provides for limited notification for a papakāinga development with restricted discretionary activity status. Notification is limited to: iwi authorities, joint management entities, the New Zealand Transport Agency (if the development will access a state highway), local authorities, and immediate neighbours.
Regulatory impact statement
Te Puni Kokiri produced a regulatory impact statement on 12 March 2026 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
Date of notification in Gazette: 4 June 2026.
These regulations are administered by the Ministry for the Environment.
Versions
Resource Management (National Environmental Standards for Papakāinga) Regulations 2026
RSS feed link copied, you can now paste this link into your feed reader.