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Putting King Salmon into Perspective in Relation to Resource Consents

Created: Wednesday, 22 August 2018 17:14

The Court of Appeal has released its judgment on RJ Davidson Family Trust v Marlborough District Council.  The judgment clarifies the application of Part 2 of the RMA when considering resource consent applications.  It follows a period of jurisdictional uncertainty arising from the High Court’s consideration of the case.

The High Court had extended the Supreme Court’s judgment in King Salmon to apply to resource consent applications. 

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Congratulations to Alison Gilbert

Created: Monday, 13 August 2018 09:53

Alison-Gilbert

Congratulations to Alison Gilbert

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Residential Care Subsidy - A Trust May Affect Eligibility

Created: Thursday, 26 July 2018 09:07

Statistically, few of us will require long term stay in a rest home or hospital. At age 65, 5% of the population is in care. This increases to 21% once we reach the age of 85. Of the 85+ population the average stay in rest home/hospital care is 18 months. However, 54% of those over 85 will probably die in care. This high percentage of people dying in care is not because they are in long term residential care but because of the numbers that will be in respite care.

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Residential Care Subsidies - Working It Out

Created: Thursday, 26 July 2018 08:51

The underlying purpose of the Social Securities Act 1964 is to ensure that financial support is available to people who require it.  The availability of this support is subject to means testing, and the Act requires that "where appropriate they should use resources available to them before seeking financial support under this Act".  These resources may include assets held in trust.

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Can Territorial Authorities Now Appeal Their Own Resource Consent Decisions?

Created: Friday, 08 June 2018 08:29

Auckland Council v Auckland Council [2018] EnvC 56

In the recent case Auckland Council v Auckland Council the Environment Court made a number of interesting procedural and jurisdictional findings relating to Auckland Council’s ability to appeal its own decision made as a consent authority.

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This Is Not the Bias You are Looking For - Council Role in the Resource Consent Process

Created: Monday, 23 April 2018 16:02

Enterprise Miramar Peninsula Incorporated v Wellington City Council

In the recent High Court case Enterprise Miramar Peninsula Incorporated v Wellington City Council [2018] NZHC 614 the Court made a number of interesting findings on the role of councils in the resource consent application process. The Court: 

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