On Friday 5 April 2019 the Government released the first set of National Planning Standards (“Planning Standards”). The Planning Standards will require major changes to RMA plans in most cases and will have significant impacts for councils and plan users.
What happens when significant heritage value meets risk to public safety? This was a question the Environment Court was tasked with answering in View West Limited v Auckland Council - an appeal against a decision by Auckland Council refusing consent to demolish the 133 year old St James Sunday School Hall in Mt Eden.
Since coming to power, the Government has announced a series of major resource management legislative and policy reforms, with various timeframes for implementation. With 2019 set to be a very busy year for reform and related consultation, below we have taken stock of progress in several key areas.
Much attention has focused recently on KiwiBuild, in particular the promise to deliver 100,000 ‘affordable’ homes over the next decade. We examine the criticism and consider what KiwiBuild represents in the context of wider Government policy initiatives regarding urban development.
Page v Whanganui District Council is the first decision to determine an application for an order under the newly-introduced section 288C of the RMA to restrict a person from commencing or continuing proceedings without first obtaining the leave of the Court.
The Government has outlined a suite of proposals for freshwater reform over the next two years in a recently-released document called Essential Freshwater: Healthy Water, Fairly Allocated. The proposed reform will have important implications for the full range of fresh water stakeholders.
The High Court has addressed the extent to which causation of alcohol-related harm must be established in the context of granting/ renewing a licence. The Court held it was not necessary to prove that a premises is at the centre of alcohol-related harm only that that is a real risk that a premises contributes to some of alcohol-related harm.
In June 2018 the Ministry for the Environment released the first set of Draft National Planning Standards for public consultation. The aim of the Planning Standards is to improve consistency in plan and policy statement structure, format, and content - to make RMA plans "simpler to prepare, and easier for plan users to understand, compare, and comply with".