Environmental / Resource Management

Major Changes Proposed For Development Contributions

Created: Thursday, 28 November 2013 23:03

We have previously given an overview of the Local Government Act 2002 Amendment Bill (No. 3) ("the Amendment Bill"), and have promised to report further on specific proposals, including changes in the development contributions regime. The Amendment Bill in fact contains a sweeping review of development contributions, with changes to:

  • the purpose and direction of development contributions;
  • provision for reconsideration of or object to development contribution requirements;
  • private development agreements;

as well as some significant technical amendments. The commencement and transitional provisions in the Amendment Bill also merit consideration.

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Giving National Environmental Standards Their Dues

Created: Wednesday, 13 November 2013 23:30

Macpherson v Napier City Council [2013] NZHC 2518

This decision concerns a judicial review of the grant of a resource consent to the Whatever It Takes Trust Inc (the Trust) to develop a multi-unit residential complex for persons with mental health difficulties on land opposite the MacPhersons' property. It poses an interesting question as to whether compliance with the Resource Management (National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health) Regulations 2011 (the NES Regulations) can be secured through a condition of resource consent or whether it needs to be addressed as part of the determination of the application for consent.

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Whole Lotta Shakin' (UP) Goin' On

Created: Thursday, 07 November 2013 23:38

Phase 2 Local Government Reforms

The next phase of local government reform is here with the recent introduction of the Local Government Act 2002 Amendment Bill (No 3) (Bill) on 4 November 2013. While the Bill implements the Government's decisions on legislative reform to improve the operation of local government, some of the proposed amendments to the Local Government Act 2002 (LGA) signal a major shift in the current local government operating climate.

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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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