High Court gives Proposed East-West Link the Green Light

Royal Forest and Bird Protection of New Zealand Inc v New Zealand Transport Agency [2021] NZHC 390

In February 2017, the New Zealand Transport Agency (NZTA) formally notified its proposal to construct, operate and maintain a new four-lane arterial road to connect State Highway 20 in Onehunga with State Highway 1 in Penrose / Mt Wellington -  commonly referred to as the proposed East-West Link (EWL). The land subject to the EWL is ecologically significant, particularly as a habitat for sea birds, and the activity, as a whole, was considered to be non-complying.

A Board appointed by the Ministers for the Environment approved the resource consent applications and Notices of Requirement, but the  decision was appealed by the Royal Forest and Bird Protection Society of New Zealand (RFB) and Ngāti Whātua Ōrakei Whai Maia Limited (Ngāti Whātua) with the support of Te Kawerau Iwi Tribal Authority, (collectively referred to as the Appellants).

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Mana Whenua Influence on Planning Rules

Self Family Trust v Auckland Council [2018] NZRMA 323 (Original Environment Court decision)

Gock v Auckland Council (2019) 21 ELRNZ 1 (High Court decision)

Self Family Trust v Auckland Council [2020] NZEnvC 214 (Second Environment Court decision)

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The Local Electoral (Māori Wards and Māori Constituencies) Amendment Bill

The Local Electoral (Māori Wards and Māori Constituencies) Amendment Bill (the Bill) amends the Local Electoral Act 2001 (the LEA) and brings significant changes for the establishment of Māori wards and constituencies.

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Easements and Covenants can be modified and extinguished

Following the Supreme Court's judgment in Synlait Milk Limited (Synlait) v New Zealand Industrial Park Limited (NZIPL) [2020] NZSC 157, the courts are likely to be more willing to use their powers under s 317 of the Property Law Act 2007 to modify or extinguish historical covenants.

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Territorial Authorities put on notice about the need for proper management of Wastewater Treatment Plants

In Otago Regional Council v Clutha District Council [2020] NZDC 26125 Judge Dwyer has fined the Clutha District Council (Council) $488,250 for "egregious" failures in managing its wastewater treatment plants. The decision serves as a warning to territorial authorities to be proactive in the management of their wastewater systems, even when contractors have been engaged carry out their operation and management.

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Trustee Considerations for Disclosure - Whether and What to Disclose

In our previous article on trustees’ disclosure to the beneficiaries we summarised the requirements of the Trusts Act 2019 (the Act) in relation to disclosure.   This article provides trustees with more detailed guidance on how they should approach disclosure to beneficiaries. 

There is a presumption in the Act that the trustees must disclose basic trust information to every beneficiary or representative of a beneficiary, and trust information to beneficiaries who request it.

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