The Resource Management Act 1991 Principles Technical Advisory Group has released its Report on its review of sections 6 and 7 of the RMA and the natural hazards provisions.
The Report makes recommendations including that:
This case involves the interpretation of section 274 of the Resource Management Act 1991 (RMA) and is important for decision makers and developers to bear in mind as section 274 notices arrive. Interestingly, it states that a person who holds a certain level of scientific knowledge, which relates to the subject matter of the appeal, may come within the terms of section 274(1)(d) as having a greater interest than the general public. The judgment also considers the accepted interpretation of section 274(1)(d) and sets out the principles arising from the previous case law which should be applied.
Cressick Valley Resident's Association (CVRA) sought judicial review of decisions made by the Wellington City Council (Council) concerning the re-zoning of a site owned by Terrace Heights Holdings Ltd, the second respondent, which was located near to the homes of members of CVRA. The re-zoning of the site was undertaken at the request of the owner in the context of a wider plan change proposed by the Council.
The Environment Court has recently issued a declaration on the applicability of climate change considerations to resource consent applications for coal mining. West Coast ENT have argued that the effects on climate change of the carbon emissions resulting from the burning of the coal, even when that coal is used abroad, are relevant considerations for the decision maker.
Under section 87D of the Resource Management Act 1991 (RMA), an applicant can ask a Council to allow the Environment Court to determine its application for resource consent, instead of the consent authority. This is known as a direct referral. Section 87D is an addition from the 2009 amendments to the RMA.
Section 152 of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 revoked district plan rules relating to the felling, damaging or removal of trees in an urban environment from 1 January 2012. This revocation does not, however, include rules relating to "...a tree, or group of trees...specifically identified" in a district plan. The effect of this amendment was discussed in an earlier article.
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