Environmental / Resource Management

Extending Lapse Period of a Resource Consent

Created: Friday, 14 August 2020 14:56

Sidwell v Thames-Coromandel District Council [2020] NZEnvC 124

The Environment Court has recently considered an application for a declaration seeking confirmation that a Council may use its power under section 37 of the RMA to waive and extend the time limits expressed under section 125 of the RMA for the lapse date of resource consents. 

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High Court decision on temporary effects in undertaking notification assessment

Created: Thursday, 13 August 2020 14:13

Trilane Industries Ltd v Queenstown Lakes District Council [2020] NZHC 1647

The High Court has recently confirmed that a consent authority cannot ignore temporary effects in undertaking its notification assessment on the grounds those effects will be ameliorated in a relatively short timeframe having regard to the life span of the proposed activity.  This is in circumstances where the Council essentially bundled its assessment of temporary adverse effects with eventual mitigation of those effects, to reach the view that effects on landscape and amenity were minor.  In taking this approach, the Court held that the Council erred in law.

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A Warning Shot to Territorial Authorities for Future Unlawful Discharges

Created: Tuesday, 02 June 2020 09:37

In Waikato Regional Council v Matamata-Piako District Council [2020] NZDC 7135 Judge Harland has issued a warning to territorial authorities about the likelihood increased fines for future unlawful discharges. She also sets out several proactive management measures that territorial authorities should be undertaking in respect of their infrastructure.

Download here for the Reserved Decision of Judge Harland

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Key recommendations of the Select Committee on the Resource Management Amendment Bill

Created: Saturday, 04 April 2020 21:03

The Resource Management Amendment Bill was introduced in September 2019 and we reported on it  here.  The Bill includes revisiting restrictions on public notification and appeals, reinstating financial contributions and adding a new specialised process for freshwater decision-making. 

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Resource Management Review - Issues and Option Paper Released for Stakeholder Comment

Created: Monday, 18 November 2019 09:28

The Resource Management Review Panel has released the paper 

Transforming the resource management system: opportunities for change – Issues and options paper

The paper is intended to start a conversation about issues to be considered and addressed by the Review. It seeks comments from stakeholders to inform the development of the panel’s proposals for reform. Comments on the paper are welcomed no later than Monday 3 February 2020.

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Ports Must Avoid Effects On Outstanding Coastal Environments

Created: Tuesday, 29 October 2019 09:57

In the recent decision Environmental Defence Society Inc v Otago Regional Council [2019] NZHC 2278 the High Court has overturned an interim decision of the Environment Court concerning provision for ports in the Proposed Otago Regional Policy Statement (PORPS). This decision further reinforces the sea change in application of the Resource Management Act 1991 (RMA) since the Supreme Court’s 2014 decision in Environmental Defence Soc Inc v New Zealand King Salmon Co Ltd [2014] NZSC 38 concerning giving effect to directive avoidance policies in the New Zealand Coastal Policy Statement 2010 (NZCPS).

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