Environmental / Resource Management

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

Created: Tuesday, 09 March 2021 08:36

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

Created: Thursday, 11 February 2021 16:10

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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Zipline Proposal Cut Short - Impact of Cultural Effects

Created: Monday, 21 December 2020 15:59

The Taupō District Council’s (TDC) hearing panel (Panel) recently issued its decision on an application for land use consent by Sky Play Adventures Limited and Tauhara North No.2 Trust (Applicant) to construct and operate a zipline, base station and walking tracks along and over the Waikato River, as well as a tour hub on Huka Falls Road. The application overall was considered as a discretionary activity.

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High Court tackles competing primacy of mana whenua groups under RMA

Created: Wednesday, 09 December 2020 15:58

In Ngāti Maru Trust v Ngāti Whātua Ōrākei Whaia Maia Limited the High Court deals with the emerging acceptance of tikanga Māori in New Zealand’s modern legal system. Deciding how best to fit these two systems together after centuries of dominance of the European legal construct is no small feat, but the judiciary has taken on the challenge and we, as a country, are starting to see the results.

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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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