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.
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.
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.
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.
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.
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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