The Fast-Track Approvals Bill has been introduced to Parliament. Forming part of the coalition Government’s 100-day plan, the Bill seeks to enable a fast-track decision-making process for infrastructure and development projects with significant regional or national benefits.
The RMA - return of the walking dead
The new government has committed to repealing the NBEA and SPA by Christmas, temporarily reinstating an amended version of the RMA. For the foreseeable future it will therefore be back to the RMA, which was broadly panned by all major political parties… But not for long. The RMA’s resuscitation will be short-lived, with the government promising to deliver a wider package of resource management reform.
Tsunami of Recent National Direction Continues with release of Proposed NPS for Natural Hazard Decision-making
The mosaic of national policy statements is set to increase further with the release of the proposed National Policy Statement for Natural Hazard Decision-making (“NPS-NHD”). The NPS-NHD is the first of two stages in a phased work programme aimed at improving the management of natural hazard risks. The second stage involves comprehensive National Direction for National Hazards.
THE EMPIRE STRIKES BACK: SUPREME COURT RESTORES BALANCE TO INTERPRETING DIRECTIVE POLICIES
The Supreme Court recently issued its judgment in Port Otago Ltd v Environmental Defence Society Inc. The decision builds on recent High Court discussion of the relative weighting of directive plan provisions. In broad terms, the decision concludes:
that the directive enabling ports policy in the NZCPS (Policy 9) should be considered alongside the NZCPS avoidance policies (Policies 11, 13, 15, and 16, requiring certain adverse effects of activities to be avoided); and
that where there is conflict between those enabling and avoidance policies, it may be appropriate for a project to proceed, where the project is required to ensure the safe and efficient operation of ports.
RM reforms a reality
The Natural and Built Environment Act (“NBEA”) and Spatial Planning Act (“SPA”) received Royal Assent on 23 August 2023, formally passing them into law. This marks the end of an intensive and controversial legislative process, and the beginning of the Acts as reality – requiring all system users to grapple with their implementation.
RM REFORM: TAKEAWAYS FROM THE SELECT COMMITTEE REPORTS
The Environment Select Committee has released its reports on the Natural and Built Environment Bill (“NBE Bill”) and the Spatial Planning Bill. While plenty will be said about the detail of the Bills in the coming period, in this article we set out our high-level observations on the Select Committee’s recommendations.
Avoid vs Enable – The High Court provides some welcome balance
A case summary of the High Court’s decision in Southern Cross Healthcare Ltd v Eden Epsom Residential Protection Society Inc [2023] NZHC 948 which considered an appeal relating to a request by Southern Cross Healthcare Ltd (“Southern Cross”) for a private plan change to the Auckland Unitary Plan. The High Court’s decision has several important implications.
RM reform: recap
Select Committee hearings on the Natural and Built Environment Bill and Spatial Planning Bill have now finished, and the Government is pushing ahead with enacting the legislation to transform the way we manage the environment. This article briefly recaps where things are at, and where they are heading.
RMA reform is here
On 15 November 2022, key legislation spearheading the government’s long-awaited resource management system reform was introduced to Parliament.
New NPS for Highly Productive Land
The government has released its long-awaited National Policy Statement for Highly Productive Land (“NPS-HPL”). From 17 October 2022 the NPS-HPL will impose important controls on the development of highly productive land.
GOVERNMENT CONSULTS ON NATIONAL DIRECTION UNDER THE RMA
The Government has recently consulted on two national direction instruments under the RMA, being the Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (NES-F) and the proposed National Policy Statement for Indigenous Biodiversity (NPS-IB). In both cases, we anticipate seeing some policy change in late 2022.
ChanceryGreen announces new partner
The ChanceryGreen partners are delighted to welcome Steve Mutch into the partnership from 1 April 2022.
Balancing is back in vogue
A summary of Royal Forest and Bird Protection Society of NZ Inc v New Zealand Transport Agency [2021] NZHC 390.
RMA OVERHAUL: THE PROPOSED REFORMS
The Government has recently confirmed its plans for a comprehensive overhaul of the resource management system, representing the biggest shake-up in environmental law in a generation. This article summarises the reasons for the reforms, what is proposed, and the likely timeframes.
ChanceryGreen again recognised as leading NZ firm by Legal 500
ChanceryGreen has consistently been recognised as a leading firm in its specialist area, having extensive in-depth knowledge and experience across a range of sectors and delivering results for its clients. In the 2021 Legal 500 rankings, ChanceryGreen is again recognised as a leading firm in the ‘Projects and Resource Management (including Environment)’ category.
MANA WHENUA: A RESOURCE MANAGEMENT ISSUE, OR “STATE LAW” JURISDICTION? A SUMMARY OF NGĀTI MARU TRUST v NGĀTI WHĀTUA ŌRĀKEI WHAI MĀIA LTD
The High Court recently issued a judgement addressing the obligations on decision makers in situations where there are competing claims as to relative status between Māori groups. In Ngāti Maru Trust v Ngāti Whātua Ōrākei Whai Māia Ltd [2020] NZHC 2768, Whata J heard an appeal from the Environment Court on a declaratory proceeding arising out of appeals against the grant of resource consents to Panuku Development Auckland.
Parliamentary Commissioner for the Environment provides long-awaited policy analysis on offshore ban on new petroleum permits
The Parliamentary Commissioner for the Environment has recently provided some long-awaited policy analysis on the 2018 Government decision to not grant any new offshore petroleum prospecting, exploration or mining permits. The Commissioner’s Note “Restricting the production of fossil fuels in Aotearoa New Zealand” aimed to extend the existing analysis on the environmental effectiveness and likely economic impacts of the ban.
RM Amendment Bill – Committee reports back: major implications for climate change planning/consenting
The Resource Management Amendment Bill was referred to Parliament’s Environment Committee in September 2019, attracting 385 submissions. The Committee has recently released its report on the Bill, recommending by majority that it be passed with amendments.
Proposed National Policy Statement for Indigenous Biodiversity released
The government has released a proposed National Policy Statement for Indigenous Biodiversity (“NPSIB”).
Start of construction on Tilt Renewables' Waipipi Wind Farm
In early November 2019 Tilt Renewables marked the commencement of construction at Waipipi Wind Farm in Taranaki (formerly known as Waverley Wind Farm). ChanceryGreen is thrilled to have assisted Tilt Renewables to consent the wind farm.