Testing the waters: Government sets out freshwater agenda

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.

Posted on October 16, 2018 .

Case update: Alcohol-related Harm - relaxation of the causal nexus

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. 

Posted on July 19, 2018 .

Draft National Planning Standards Released for Feedback

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". 

Posted on July 19, 2018 .

St Mary’s Bay and Masefield Beach Water Quality Improvement Project

ChanceryGreen regularly acts for clients – both applicants and submitters – on projects spanning the length and breadth of the country, but it is not every day that major projects are proposed in our own backyard. With the ChanceryGreen offices being located on Jervois Road (Ponsonby), Auckland Council’s proposed St Mary’s Bay and Masefield Beach Water Quality Improvement Project is just a stone’s throw away.

Posted on June 18, 2018 .

Innovations in iwi involvement: Mana Whakahono a Rohe

After several years of drafting, consulting and redrafting, the Resource Legislation Amendment Act 2017 received royal assent in April. It makes a number of significant amendments to the Resource Management Act 1991 (RMA) This includes changes to iwi participation arrangements with the introduction of a new Subpart 2 to Part 5 of the RMA. This subpart allows broad scope for iwi involvement in resource management matters. Sections 58L to 58U deal with iwi participation arrangements under a new name – Mana Whakahono a Rohe.

Posted on July 24, 2017 .

Urban Development Authorities

It appears widely accepted that changes are needed to address housing supply, rising house prices and a growing population. In answer to these concerns, the Government is considering new legislation that would:

  1. Empower nationally or locally significant urban development projects to access more enabling development powers and land use rules; and
  2. Establish new urban development authorities to support these projects where required.
Posted on July 24, 2017 .

Resource Legislation Amendment Bill Update

Wide-sweeping reforms to the RMA are on the horizon, with the Local Government and Environment Select Committee having recently reported on the Resource Legislation Amendment Bill. Click through to read our summary of the Bill's key provisions. 

Posted on April 6, 2017 .

High Court Mussels out Part 2 of the RMA

The High Court’s recent decision in R J Davidson Family Trust v Marlborough District Council makes it clear that a key finding of the Supreme Court in King Salmon – that there is generally no ability to consider Part 2 of the RMA and undertake an “overall broad judgment” – also applies to decisions on resource consents. 

Posted on April 4, 2017 .

Alcohol in supermarkets

Where (and how prominently) can alcohol be displayed in a supermarket? The Court of Appeal has recently considered the provisions in the Sale and Supply of Alcohol Act 2012 which require the display of alcohol within a “single area” in supermarkets.

Posted on April 4, 2017 .