Environmental / Resource Management

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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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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Relying of Expert Certification

Created: Friday, 09 March 2018 15:15

Local authorities are heavily reliant on expert certification when determining consent applications and compliance with conditions of consent, but which experts should they trust?

This question has recently been explored by the Environment Court in David Mulholland Consulting Engineer Ltd v Whanganui District Council [2018] NZEnvC 10.

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Rates Rebates and Retirement Villages

Created: Wednesday, 21 February 2018 14:15

The Rates Rebate (Retirement Village Residents) Amendment Act 2018 (2018 No 1) came into effect on 2 February 2017, addressing an anomaly under the Rates Rebate Act 1973. The Act ensures residents of retirement villages are recognised as paying rates and are therefore entitled to apply for a rates rebate, regardless of the billing practice of the local authority. 

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Relying on Expert Certification

Created: Wednesday, 21 February 2018 14:15

Local authorities are heavily reliant on expert certification when determining consent applications and compliance with conditions of consent, but which experts should they trust?

This question has recently been explored by the Environment Court in David Mulholland Consulting Engineer Ltd v Whanganui District Council [2018] NZEnvC 10.

Read more ...

 

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