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.

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.

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.

The government has released a proposed National Policy Statement for Indigenous Biodiversity (“NPSIB”).

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.

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.