Environmental / Resource Management

Impact of Section 6e of the RMA on Resource Consents

Created: Friday, 24 January 2014 03:19

Heybridge Developments Ltd v Bay of Plenty Regional Council [2013] NZ EnvC 269

In this decision, the Environment Court addressed issues remitted back for its further consideration by the High Court. The High Court's decision allowed Heybridge Developments Limited's (HDL) appeal to the Environment Court's previous decision to decline its resource consents for earthworks and other activities relating to a four-lot subdivision (Proposal) of its 44ha property at Lochhead Road, Tauranga (Site).

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Christmas, New Premises, And Legislation Updates

Created: Wednesday, 11 December 2013 03:50

With Christmas and the promise of a warm summer break beckoning, this edition of Legal Landscape rounds out 2013 with a snapshot of the latest happenings:

Christmas Closedown Period

Please note that our offices will be closed from 5pm Friday 20 December 2013, fully reopening on Monday 20 January 2014.

Should you need assistance over this period please call our Auckland office on 09 379 9350.

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Two in One

Created: Wednesday, 04 December 2013 04:06


The recent introduction of the Local Government Act 2002 Amendment Bill (No.3) (Bill), initiated the next phase of local government reform. As we explained in our summary of the Bill, some of the proposed amendments to the Local Government Act 2002 (LGA) signal a major shift in the how local government operates and is structured.

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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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