Environmental / Resource Management

Lies, Damn Lies and Statistics - The RMA in Numbers

Created: Thursday, 13 October 2011 02:33

Thanks to the Ministry for the Environment there is a report every two years on the manner in which local authorities implement the Resource Management Act 1991 (RMA). The report for the period 1 July 2010 to 30 June 2011 is now available - click here.

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Updated Environment Court Practice Note

Created: Saturday, 08 October 2011 02:37

The Environment Court has just released a new version of the Environment Court Practice Note. The updated Practice Note will come into effect on 1 November 2011 and will replace all earlier versions.

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Smoke Settles on Supermarket Wars

Created: Friday, 12 August 2011 01:40

The Environment Court takes a hard line on trade competition

The decision in General Distributors Limited v Foodstuffs Properties (Wellington) Limited clarifies the approach the Environment Court will take with regard to the new trade competition provisions in Part 11A of the Resource Management Act 1991 (RMA).

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Trees Difficult to Streamline

Created: Wednesday, 20 July 2011 01:42

Section 152 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 (Act) revokes district plan rules relating to the felling, damaging or removal of trees in an urban environment from 1 January 2012. However, a rule relating to "...a tree, or group of trees...specifically identified" in a district plan is exempt from this revocation pursuant to section 152(3).

The wide definition the Environment Court has given to the phrase "group of trees" in Re Auckland Council means that some Councils will not have to go through the substantial process of changing their district plan provisions relating to the protection of trees in order to comply with the Act.

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Consent Declined! The Issue of Retrospective Building Consents

Created: Thursday, 09 June 2011 01:45

In Environment Waikato v Sutherland the District Court has overturned a determination by the Chief Executive of the Department of Building and Housing (Chief Executive) and confirmed that retrospective building consents are not available under the Building Act 2004 (BA'04) (nor the former Building Act 1991 (BA'91)).

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Freedom Interrupted

Created: Saturday, 21 May 2011 01:48

The Government hopes that the Freedom Camping Bill (Bill) introduced to Parliament on 18 May 2011 will make inroads in dealing with the growing problem of freedom campers.

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