Resource Management Act changes – New approaches to plan-making

First published in Inside Tourism, August 2016

Public hearings of submissions on the Government's "Resource Legislation Amendment Bill" (Bill) have now finished, with a select committee report to Parliament due in September 2016.

The Explanatory Note describes the Bill as comprising "over 40 proposals aimed at delivering substantive, system-wide improvements to the resource management system".

This brief update focuses on two important changes proposed in the Bill to the way we make resource management plans in New Zealand – that is, the district plans, regional plans and regional policy statements that govern how we can use and develop land and other natural and physical resources. The two initiatives are:

• A "national planning template" (NPT).
• Two new alternative plan-making processes for councils.

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Intoxication Offences - Sale and Supply of Alcohol

Sections 248, 249 and 252 of Sale and Supply of Alcohol Act 2012 (SSAA) deal with the sale and supply of alcohol to intoxicated people, allowing people to become intoxicated and allowing intoxication on licensed premises.

An offence under any of these sections is serious and will most likely lead to an application for a suspension/cancellation of the licence. Offences under ss 248 and 249 also constitute a negative holding under s 281 of the SSAA.

The Act introduced a definition of intoxication that was not part of the Sale of Liquor Act 1989 (SOLA). The introduction seems to clarify or formalise how intoxication is to be assessed. Whether this will be achieved is a matter for debate.

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Health and Safety at Work Act 2015

By now all business owners and workers will have an awareness of the Health and Safety at Work Act 2015 which came into force on 4 April 2016.  We have produced a series of guides to assist business owners to understand their obligations and comply with the requirements of the Act.

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Changes to proposed plans beyond the scope of appeals

In the course of resolving appeals on the provisions of a proposed plan, it is sometimes necessary to seek the Court's approval of changes to the plan that are beyond the scope of appeals – for instance, to facilitate the 'in scope' aspects of settlements reached with the parties.

Section 293 of the Resource Management Act 1991 provides a discretionary power to the Environment Court – to be exercised cautiously and sparingly – to direct that such changes be made, where there is a live plan appeal on a proposed plan.  A recent decision, Kahuranaki Station Ltd and Greenwood v Hastings District Council, provides a good illustration of the Court applying section 293 in a pragmatic way.

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Local Government Act 2002 Amendment Bill (No 2)

In a press release dated 16 March 2016, the Minister of Local Government, Peseta Sam Lotu-liga announced a number of reforms for the local government sector to enable local authorities around the country to deliver better services for ratepayers as part of the "Better Local Services Package".

The Local Government Act 2002 Amendment Bill (No 2) (the Bill) was introduced to Parliament on 9 June 2016 and had its first reading on 15 June 2016.  The Explanatory Note to the Bill states that the "current legislation provides only limited support for shared and integrated services, which is insufficient to enhance the scale and capability for water, transport, economic development and other activities".  

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Cherry picking points on Appeal

Can the Environment Court appeal process be limited by a Council's reasons for refusal?

Appellants challenging Council decisions refusing resource consent in the Environment Court occasionally argue that the range of matters for consideration by the Court on appeal should be regarded as limited by the Council's reasons for refusal.

The appellants advanced just such a jurisdictional argument (unsuccessfully) in a recent Environment Court case, Engebretsen & Song v Whangarei District Council [2016] NZEnvC 086.

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