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- No Dam on the Nevis River - Gollum Protected
- Aug 2010A successful application to amend the existing Kawarau Water Conservation Order (WCO) in respect of the Nevis River specifically means that a hydro dam is now prohibited on the river and a small native fish named Gollum galaxiid, unique to the Nevis, is protected (subject to appeal).
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- Obligations of a Purchaser in the event of a Breach of a Vendor Warranty on Settlement
- Aug 2010A recent Supreme Court decision clarifies the law regarding whether a purchaser is required to settle in full or at a reduced amount in the event of a breach of a vendor warranty on settlement. Robert Huse, an Associate in our Commercial Team, examines the facts of the case in the attached article.
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- Forestry and the Emissions Trading Scheme - Pre-1990 Forestry Land
- Aug 2010In the attached publication Lesley Brook examines the implications for Pre-1990 Forest Land under the Emissions Trading Scheme.
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- Forestry and the Emissions Trading Scheme - Post-1989 Forest Land
- Aug 2010In the attached publication Lesley Brook examines the implications for Post-1989 Forest Land under the Emissions Trading Scheme.
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- Update on Cabinet Decisions to Amend the Crown Minerals Act
- Jul 2010Cabinet has now made decisions on the consultation document that suggested controversial reforms to Schedule 4 of the Crown Minerals Act 1991. This news item discusses those recent decisions.
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- Aquaculture Reform Update
- Jul 2010In this article, Jackie St John, an Associate in our Resource Management Department, provides an update to the proposed Aquaculture reforms.
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- West Coast Conservation Management Strategy
- Jul 2010The Department of Conservation (“the Department”) has recently released the final operative version of the West Coast Te Tai o Poutini Conservation Management Strategy (“CMS”). This follows a long process where the Department reviewed the CMS in accordance with the procedures set out in section 11 of the Forest (West Coast Accord) Act 2000 and Part 3A of the Conservation Act 1987.
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- Proposed Changes to Financial Adviser's Legislation
- Jul 2010Commercial Partner, Paul Hubbard, recently discussed proposed changes to the Financial Services Providers legislation in an article in the Otago Daily Times. A copy of that article is available below.
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- Discount for Consents when processing timeframes not met
- Jul 2010The 2009 Amendments to the RMA included provisions for the Minister for the Environment to impose regulations requiring councils to discount consents when processing timeframes are not met.
The Resource Management (Discount on Administrative Charges) Regulations 2010 have now been made and the attached article looks at the detail of those Regulations.
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- Rugby World Cup 2011 (Empowering) Bill
- Jul 2010The Government recently introduced the Rugby World Cup 2011 (Empowering) Bill to Parliament. The Bill affects local authorities and anyone proposing to provide World Cup related activities or facilities. The period for public submissions on the Bill closes on 16 July 2010.
The attached article summarises the general nature of the measures proposed under the Bill.
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- Environmental Protection Authority
- Jun 2010In this article, Resource Management Associate, Rachel Brooking, discusses the Environmental Protection Authority which will be established by legislation this year and operational by 1 July 2011.
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- Banks Peninsula Conservation Trust Receives Green Ribbon Award
- Jun 2010Anderson Lloyd congratulates the Banks Peninsula Conservation Trust on being presented with a Ministry for the Environment award for protecting biodiversity.
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- Department of Conservation - Concession Processing Review
- Jun 2010The Department of Conservation has recently completed a substantive review of the Department’s processes for concession applications. In this article Maree Baker discusses the recommendations arising from the review.
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- Aquaculture Reform
- Jun 2010This paper considers the Government’s plans for the future shape of the aquaculture industry. We review the background to the aquaculture reform, the reasons for change, the aims of the reform and summarise some aspects of the reform that will be of specific interest to the aquaculture industry.
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- Local Government Amendment Bill
- May 2010A Bill amending the Local Government Act 2002 is currently before the Local Government and Environment Select Committee. Submissions can be made until 18 June.
The Minister in charge of the Bill is Hon Rodney Hide and he has been vocal about what he intends to achieve. The Minister wants local government to focus on 'core' business, have simplified long-term and financial plans, reduce consultation requirements and provide better opportunities for private sector involvement. As discussed in this paper the Bill achieves these stated aims. The Minister has dropped plans relating to binding referenda.
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- Insolvency Practitioners Bill Introduced
- Apr 2010Commerce Minister Simon Power has introduced to Parliament the Insolvency Practitioners Bill, with the intention of bolstering the regulation of corporate insolvency practitioners. Below Ben Johnston, a Partner in Anderson Lloyd's Commercial Team examines the purpose of the Bill.
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- Canterbury Water Conservation Order Changes
- Apr 2010The attached paper discusses the Canterbury Water Conservation Order changes.
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- Coroner Recommends Licensing of Outdoor Education/Adventure Operators following the Mangatepopo Stream Tragedy
- Apr 2010The Coroner has made extensive recommendations following the death of a teacher and six students at the Mangatepopo Stream, Tongariro on 15 April 2008 including that the Government consider licensing of operators which provide activities to people under 18 years of age. The tragedy occurred while they were participating in a gorge trip as part of an outdoor programme conducted by the Sir Edmund Hillary Outdoor Pursuits Centre (OPC).
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- Environment Canterbury (Temporary Commissioners and Improved Water Management) Act
- Apr 2010On Wednesday 31 March Parliament passed a new Act ("the Ecan Act"), which has significant and widespread implications for Canterbury. The new Act was passed into law under urgency and as such was not the subject of any Select Committee or formal public input process. The Bill was tabled for the first time at 5.30pm on Tuesday 30 March; and was passed without amendment at 8pm on Wednesday 31 March.
This article by our Resource Management team sets out the key aspects of the Act.
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- Government to appoint Commissioners to take over ECan
- Mar 2010Following on from last month's critical report on ECan's performance, the Government has today announced it is removing ECan's elected Councillors.
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- Law Commission's Review of Privacy Act 1993
- Mar 2010This paper provides a summary of the key concerns and issues surrounding privacy laws identified by the Law Commission in its Issues Paper on the Review of the Privacy Act 1993.
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- Mining in National Parks
- Mar 2010This article summarises the conclusions reached in the Crown Minerals Act Discussion Paper, including the proposed removal of 7,058 hectares of land from restricted mineral related activity under Schedule 4.
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- Government's Proposed National Environmental Standard will Restrict the Future Development of Contaminated Land
- Mar 2010On 5 February 2010 the Government publically notified a proposed National Environmental Standard for assessing and managing contaminants in soil. The NES is a regulation that will restrict the way contaminated land can be used and developed in the future. The NES will require resource consents for certain activities on land potentially affected by soil contaminants. The submission period is now open and submissions must be received by the Ministry for the Environment by 19 April 2010. This article by Michael Garbett and Ruby Moynihan of our Resource Management team provides a brief summary of the key features of the NES and its implications.
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- New Zealand's Largest Artificial Recreation Lake to Double in Size
- Mar 2010New Zealand's largest artificial recreation lake, Lake Hood, is set to expand after a private plan change and range of resource consents were successfully obtained.
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- Crown Minerals Act Review
- Feb 2010The Prime Minister has announced that the Government will shortly be releasing a discussion document for public consultation on potential changes to Schedule 4 of the Crown Minerals Act 1991 ("the Act"). The review is being welcomed by the mining industry who believe a stock take of the New Zealand mineral estate will enable clearer decisions to be made regarding which minerals should be accessed, and which should remain untouched.
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- Resource Management Career Opportunities 2010
- Dec 2009Anderson Lloyd is pleased to announce career opportunities for 2010. We will be recruiting in the New Year for energetic and committed senior solicitors within our Dunedin and Christchurch offices.
We will be offering the chance to work alongside New Zealand’s leading resource management partners on some of the most challenging and innovative projects. We offer first rate leadership and career development opportunities, a positive team environment and the abundance of lifestyle choices associated with the South Island.
If you’re keen to make the move in 2010 and carve out your career with one of New Zealand’s pre eminent law firms then why not beat the rush and apply now.
- Fixing the RMA – Simplify and Streamline - Rural Professionals Conference Special
- Nov 2009Anderson Lloyd Resource Management Partner and member of the firm’s rural law practice team, Jen Crawford
, delivered the following presentation to the attendees at the LexisNexis Rural Professionals Conference held in Queenstown recently.
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- Aquaculture Law Reform
- Nov 2009The government has announced a final round of consultation before the drafting of new legislation to
reform the country's aquaculture sector. In this article, Anderson Lloyd Associate, Jackie St John examines the proposed changes.
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- Fonterra's Capital Structure Proposal
- Nov 2009Fonterra's much awaited proposed new capital structure was announced on Friday 18 September. The cornerstone of the proposal is that it will be farmer members that will be asked to fund additional capital to meet the funding needs of Fonterra for the next 5 years, and not external non-farmer member sources.
