Environmental / Resource Management

Rage Against The Machine

Created: Tuesday, 22 October 2013 23:39

Consultation on proposed pokie machine reform

Internal Affairs Minister Chris Tremain recently released a consultation document on proposals to reform Class 4 gambling (non casino gaming machines). This dovetails with recent amendments to the Gambling Act 2003 (Act) and some earlier comments we made on the Gambling (Harm Reduction) Amendment Bill.

The consultation document focuses on the four issues below, proposing a number of options to address them that form part of a wider package of proposals.

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New Liquor Legislation Pops Its Cork

Created: Thursday, 17 October 2013 23:52

R S DHILLON LIMITED [2013] NZARLA PH 920

Last month the new Alcohol Regulatory and Licensing Authority (ARLA) released its first decision on an application for a liquor licence under the new criteria set down in section 105 of the Sale and Supply of Alcohol Act 2012 (SASAA). From 18 December all applications for new licences and renewals for existing licences will be assessed against section 105, which differs markedly from the application criteria under the Sale of Liquor Act 1989. These changes to the application criteria reflect the move from a licensing system of reasonable control that was intentionally light-handed, to a stricter regime focused on reducing social harm stemming from alcohol consumption.

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Auckland's Unitary Plan Statutory Process Now Live

Created: Tuesday, 08 October 2013 23:52

The Local Government (Auckland Transitional Provisions) Amendment Act 2013 came into force recently, in time for the notification of the Auckland Unitary Plan. This Amendment Act adds Part 4 to the Local Government (Auckland Transitional Provisions) Act 2010 providing a process for the development of the first combined planning document for Auckland (the Unitary Plan). It is important to note that this process calls for strict adherence to timeframes and procedure. Non-compliance will often result in the loss or curtailment of rights of participation.

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Resource Management Act Reform A Moving Target

Created: Wednesday, 02 October 2013 23:57

Published in Inside Tourism Issue 949, 1 October 2013

In mid August the Government unveiled the 2013 Resource Management Act Reform Package following the completion of consultation on an earlier discussion document: Improving Our Resource Management System. The 2013 Reform Package is intended to be introduced as a Bill later in 2013.

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Council Planning Games: Section 83 RMA Serves An Ace

Created: Thursday, 29 August 2013 23:19

Protect Pauanui Incorporated v The Thames Coromandel District Council and Pauanui Sports and Recreation Club Incorporated [2013] NZHC 1944.

In response to a judicial review application lodged by Protect Pauanui Incorporated (PPI) the High Court has made a decision regarding:

  • The extent of the notification requirements for a proposed policy statement or plan under the Resource Management Act 1991 (the Act).
  • The application of section 83, which deems an operative policy statement or plan to have been prepared and approved in accordance with the Act.
  • The use of section 316 of the Act to challenge an operative plan or policy statement.
  • The extent of the scope of a submission for it to be considered to be "on" a proposed plan.

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When Do Subdivision Consents Lapse?

Created: Thursday, 08 August 2013 23:24

RIDDLE ME THIS: "WHEN DO SUBDIVISION CONSENTS LAPSE?"

The Environment Court has this week released a significant decision that clarifies the uncertain issue of subdivision consents and their lapse.

Introduction

The decision, Ruck & Or v Horowhenua District Council (available here), concerned an application for declarations. Both Applicants had submitted survey plans in respect of their subdivisions but then failed to deposit the approved survey plans with the Registrar-General of Lands ("LINZ"). It was the Council's position that the consents had lapsed and the Court was asked by the consent holders to make the following declarations (at [2]):

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