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.
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.
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.
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).
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.