In a recent decision of the Environment Court, Judge Kirkpatrick considered whether it is appropriate for privately-owned land to be zoned as open space where the landowner does not agree to the zoning. The decision includes detailed analysis on the tensions between private and public interests in privately-owned land, and the nature and scope of planning restrictions that can be imposed on its use.
RMA overhaul: overdue or overkill?
The Government’s proposed comprehensive overhaul of the resource management system attracted significant media attention when it was launched late last month. This article briefly summarises what we know about the review (and what we don’t know), and where things are headed.
No herrings needed under proposed Marine Aquaculture NES
Cabinet has recently approved the drafting of a new National Environmental Standard for Marine Aquaculture. The NES will fundamentally change how replacement consent applications will be dealt with when ‘reconsenting’ existing aquaculture farms.
Feedback on new biodiversity strategy open
The Department of Conservation is currently seeking public feedback on its discussion document on proposals for a new biodiversity strategy for Aotearoa New Zealand.
Second tranche of NZ ETS improvements released
A second tranche of proposed improvements to the New Zealand Emissions Trading Scheme (NZ ETS) was released by the Climate Change Minister yesterday. Tranche one was released last December. Both tranches will now form a single Bill to amend the Climate Change Response Act 2002 (CCRA).
First National Planning Standards released
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.
Up in flames: Environment Court’s decision on heritage building demolition pre-empted by blaze
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.
Resource Management Reform: A Stocktake
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.
KiwiBuild: Opposition puffery, or phoenix?
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.
Case review: Page v Whanganui District Council [2018] NZEnvC 94
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.
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.
New Best Practice Guidelines for Compliance, Monitoring and Enforcement Under the RMA
The Ministry for the Environment has this month released new best practice guidelines for compliance, monitoring and enforcement under the RMA (the “Guidelines”).
Waiheke Marina 'Take 2': Case summary of SKP Inc. v Auckland Council
The Environment Court recently upheld a decision of independent commissioners to grant resource consents for a 186-berth marina in Kennedy Point Bay, on Waiheke Island.
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.
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".
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.
Mission impossible: a solution to the Auckland housing crisis?
Auckland Mayor Phil Goff established a 'Housing Taskforce' to identify constraints to building more homes in Auckland at a pace which keeps up with demand and make recommendations to overcome those barriers. The Taskforce released its report in June.
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.
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:
- Empower nationally or locally significant urban development projects to access more enabling development powers and land use rules; and
- Establish new urban development authorities to support these projects where required.
New criteria limits access to the Environmental Legal Assistance Fund
The Government has recently added a criterion for accessing the Environmental Legal Assistance Fund, requiring the decision maker to consider the likely impacts on "important needs" such as employment, infrastructure and housing.