The Coalition Government is amending the Building Act 2004 and introducing a new National Environmental Standard (NES) to enable standalone dwellings up to 70 square metres to be constructed without building or resource consent in rural and residential zones. By cutting the red tape, the ...

Transformation of our national direction has been central to the government's RM reform scheme since day one. Recent announcements have seen a refocussing of this theme and a narrowed scope of change The coalition government’s RM reform is centred around a three-phase approach. Phase 1: ...

The coalition Government has announced a new two-Act framework to replace the Resource Management Act 1991 (RMA). The announcement follows its repeal of the previous Labour-led Government's planning reform and the introduction of the Fast-track Approvals Act in 2024 Three-Phase RMA Reform RMA reform was ...

In a significant move to reshape New Zealand's water infrastructure management, the Local Government (Water Services Preliminary Arrangements) Act 2024 (the Preliminary Arrangements Act) introduces sweeping changes that will impact how councils operate their water services. This legislation, set against the backdrop of increasing water ...

Introduced under urgency and having passed its first reading, the Bill is a key component of the Governments Electrify NZ Plan The Offshore Renewable Energy Bill (the Bill) introduces a legislative framework to govern the construction, operation, and decommissioning of offshore renewable developments. The Bill ...

The Fast-Track Approvals Act 2024 has finally landed. It will be ready to launch on 7 February 2025. The Fast-Track Approvals Bill passed its third reading on 17 December, becoming the Fast-Track Approvals Act 2024. It has seen some refinement since its inception – read ...

The Resource Management (Consenting and Other System Changes) Amendment Bill was introduced on December 9 The Resource Management (Consenting and Other System Changes) Amendment Bill (Bill) amends the Resource Management Act 1991 (RMA) to advance key Government priorities. These include: Streamlining consent processes for infrastructure, ...

The Resource Management (Freshwater and Other Matters) Amendment Bill was passed by parliament today – but not before a last-minute amendment to stop regional councils implementing plans to give effect to the National Policy Statement for Freshwater Management (NPS-FM) The Resource Management (Freshwater and Other ...

The Environment Committee has released its report on the Fast-track Approvals Bill. It has recommended by majority that it be passed with key changes The Fast-track Approvals Bill (the Bill) was introduced earlier this year, creating a one-stop-shop designed to accelerate the delivery of infrastructure ...

The Primary Production Select Committee has published its final report on the Resource Management (Freshwater and Other Matters) Amendment Bill Earlier this year the Resource Management (Freshwater and Other Matters) Amendment Bill (the Bill) was introduced as part of a three-phased approach to reforming Aotearoa ...

The Government announces more rapid changes are to come for the Resource Management Act, following recent decisions of the High Court. Two High Court decisions released this year have taken a stringent approach to legislative requirements for discharge permits, as set out in sections 70 ...

Intensive indoor primary production, greenhouse activities and specified infrastructure have new consenting pathways under the NPS-HPL. The changes come into effect from 14 September 2024. The NPS-HPL The NPS-HPL is a national policy statement under the Resource Management Act 1991 (RMA). It sets an objective ...

The Primary Production Select Committee has published its final report on the Resource Management (Extended Duration of Coastal Permits for Marine Farms) Amendment Bill. The Government's proposed Resource Management (Extended Duration of Coastal Permits for Marine Farms) Amendment Bill seeks to provide further stability and ...

The Government has unveiled Stage One of its new Going for Housing Growth Plan (Plan) to unlock land for housing, build infrastructure, and share the benefits of growth including by removing Land Use Capacity (LUC) 3 land from the definition of highly productive land in ...

Government has proposed the Bill to see 1,200 marine farms obtain a 20-year resource consent extension. Read more about the Resource Management (Extended Duration of Coastal Permits for Marine Farms) Amendment Bill here. The Government have identified roughly 1,200 marine farms that currently require one ...

Phase two of the resource management reform is well underway and the government has just introduced the first of two amendment bills to come. Meet the Resource Management (Freshwater and Other Matters) Amendment Bill. A new Resource Management Amendment Bill has been introduced to Parliament ...

Otago Regional Council (ORC) has released its decisions on the freshwater and non-freshwater parts of the proposed Otago Regional Policy Statement 2021 (pORPS). Background Regional councils are required to prepare regional policy statements under the Resource Management Act 1991 (RMA). Regional policy statements provide an ...

Following repeal of the Natural and Built Environment Act and the Spatial Planning Act, the government has announced the next phase in its staged approach to RMA reform, including a number of changes particularly relevant in the rural context. Current and upcoming RMA reform will ...

In a disappointing move, Queenstown Lakes District Council (QLDC/Council) have lodged an appeal against the unprecedented Environment Court decision. Introduction QLDC lodged an appeal in the High Court against the recent Environment Court decision which granted[1] an enforcement order requiring the Council to issue a ...

A recent decision by the Court of Appeal overturned 29 charges and set aside a $118,742 fine and three month prison sentence in respect of activities relating to wetlands. The Court of Appeal in Page v Greater Wellington Regional Council[1] found the Regional Council had ...

A recent High Court decision[1] setting aside a discharge permit granted by Environment Canterbury, could have significant implications for replacing expiring discharge consents. Introduction The Environmental Law Initiative (ELI) filed legal proceedings against Environment Canterbury (ECan) over their 2021 decision to reconsent the discharge of ...

Cabinet has approved the introduction of the new Fast-Track Approvals Bill, which had its first reading in the House under urgency today. The Fast Track Approvals Bill was introduced into the House today and will shortly go to the Select Committee for public submission. Here ...

The Government is inviting feedback on new fast-track consenting and National Policy Statement for Freshwater Management (NPS-FM) proposals by 12 February 2024. Time is tight, but we can help you feed into the development of these changes. New fast-track consenting legislation The Government promised to ...

Plan Change 22: LIGHT (Dark Sky) The Central Otago District Council is advancing Plan Change 22 (Plan Change) to the Central Otago District Plan (CODP) to include a new section in the CODP supporting the protection, maintenance and enhancement of the night sky from the ...

The Government has followed through with repealing the Natural and Built Environment Act (NBEA) and Spatial Planning Act (SPA) under urgency. The Resource Management Act 1991 (RMA) remains 'live' in the meantime, while a second phase of reform is progressed to amend it, as well ...

The Supreme Court has upheld the Court of Appeal's decision relating to water bottling consents. This has implications for water rights in Canterbury until future regional planning processes provide for potential change. Background The Supreme Court has released its Decision[1] on 20 November 2023, upholding ...

Article published on the Stuff website on 19 October 2023 The highest level of protection for a waterway in Aotearoa will come into effect on Thursday for one of the largest freshwater springs in the southern hemisphere. The long battle that has been waged to protect Te Waikoropupū ...

The Crown Minerals Amendment Act 2023 (Amendment Act) came into force on 31 August 2023, amending the Crown Minerals Act 1991 (CMA). Overview The CMA sets out how the Government allocates rights (permits) to explore and mine Crown-owned minerals for New Zealand's benefit. The Amendment ...

Anderson Lloyd's partner, Maree Baker Galloway and senior associate, Rosie Hill, acted as co-counsel in a Landmark Decision from the Environment Court, recommending the making of a water conservation order (WCO) for the ongoing protection and enhancement of the internationally and nationally significant, Te Waikoropupū ...

Anderson Lloyd was proud to attend and be one of the sponsors of this year's RMLA conference and awards event – Pivoting in Paradise Whakatipua. The conference was held over three days at the Millennium Hotel in Queenstown, ending with an awards dinner at Lake ...

The Natural and Built Environment (NBE) Act and Spatial Planning (SP) Act to be given Royal Assent The NBE and SP Acts will be given Royal Assent and made law. Royal Assent Royal Assent is given by the Governor General of New Zealand on the ...

The Natural and Built Environment (NBE) Bill and Spatial Planning (SP) Bill will be read for a third time this week. The NBE and SP Bills will have their Third Reading this week. The Bills completed the Committee of the whole House in the last ...

In April the government announced significant changes to the water reforms previously known as "3 waters", which have been re-named the "affordable water reforms". The number of public water entities was increased from four to ten regional entities.  These entities will be owned by local ...

Parliament will consider the Natural and Built Environment (NBE) Bill and Spatial Planning (SP) Bill in the Committee of the whole House beginning today.  After being read a second time last week the NBE Bill and SP Bill have progressed to the Committee of the ...

The Government has published the new National Policy Statement for Greenhouse Gas Emissions from Industrial Process Heat 2023 (NPS) to come into force on 27 July 2023. The NPS provides the national objective and supporting policy framework to implement and guide decision-making under the Resource ...

The Government has released the new National Policy Statement for Indigenous Biodiversity (NPS-IB) to protect and maintain indigenous biodiversity across Aotearoa New Zealand. The NPS-IB will come into force on 4 August 2023 and will direct local authorities to update their policies, plans and strategies ...

Next steps in the Natural and Built Environment Reform The Government is continuing to progress its resource management system reforms following the introduction of the Natural and Built Environment Bill (NBE Bill) and the Spatial Planning Bill (SP Bill) to Parliament in last year. In the lead ...

New rules for polluters and landowners The Natural and Built Environment Bill (NBE Bill) will create new obligations for landowners and regional councils. A contaminant must be present in concentrations exceeding an environmental limit or be an unacceptable risk to human health/environment to be classed ...

Challenges ahead with focus on reducing risks The Natural and Built Environment Bill (NBE Bill) has a positive focus on reduction of risks arising from natural hazards, with the definition of natural hazards extended creating implications for development. All decisions under the NBE Bill must ...

Limited changes to coastal matters in the NBE Bill Coastal provisions in the Natural and Built Environments Bill (NBE Bill) have seen limited change from those in the Resource Management Act 1991 (RMA). However, overarching changes to the existing regime might see previously underutilised tools ...

Transitioning from the RMA to the NBE The transition from the Resource Management Act 1991 (RMA) to the Natural and Built Environment Bill (NBE Bill) will be complex and is set to take approximately ten years. Despite this, there are less transitional provisions in the ...

New range of compliance and enforcement tools The Natural and Built Environments Bill (NBE Bill) proposes various changes to compliance and enforcement powers, introducing new tools for responding to non-compliance, and also increasing the scope for a regulatory authority to take enforcement or abatement action. ...

Enhanced cultural heritage protections The Natural and Built Environment Bill (NBE Bill) creates stronger protections for cultural heritage, previously known as historic heritage in the Resource Management Act 1991. Heritage orders have changed, in the NBE Bill orders are strengthened to a more protective instrument, ...

Changes to water under the NBE The Natural and Built Environment Bill (NBE Bill) sets out to achieve objectives relating to the sustainability, equity and efficiency of use of water. This is proposed to be achieved by the setting of environmental limits and targets and ...

Codification may inhibit the achievement of better biological outcomes The Natural and Built Environment Bill (NBE Bill) will codify the 'effects management framework', which has previously appeared in policy statements and plans, and the offsetting principles established through case law. The codification will also go ...

When a third party can be involved in a resource consent process A range of new and revised provisions are proposed in the Natural and Built Environment Bill (NBE Bill) to change the notification rules for applications and the ability of third parties to become ...

The introduction of long-term spatial strategies and plans The Spatial Planning Bill (SP Bill) requires development of Regional Spatial Strategies (RSS). Each RSS is to set strategic direction for use, development, protection, restoration, and enhancement of the environment for each region, for a period of ...

Planning through new Natural and Built Environment Plans Part 4 of the Natural and Built Environment Bill (NBE Bill) addresses the Natural and Built Environment Plans (NBE Plan or Plan) and requires there to be at all times a Plan for each region (except for ...

From the RMA to a new broader system The Government is continuing to progress its resource management system reforms following the introduction of the Natural and Built Environment Bill (NBE Bill) and the Spatial Planning Bill (SP Bill) to Parliament in last year. The Bills are currently ...

Ambitious new regulations to provide efficiency and cohesion The Natural and Built Environment Bill (NBE Bill) introduces a new 'National Planning Framework' concept (NPF), which will have the status of regulations. It will effectively be a combination of the National Policy Statement/National Environmental Standard framework ...

Drastic consenting implications for breach of new environmental bottom-lines The Natural and Built Environment Bill (NBE Bill) introduces an environmental limit and target system, which effectively establishes a bottom-line regime to protect our environment. The new regime provides strong powers to decline, monitor, review, and ...

A new, broader and future-focused, system The Government is continuing to progress its resource management system reforms following the introduction of the Natural and Built Environment Bill (NBE Bill) and the Spatial Planning Bill (SP Bill) to Parliament in last year. The Bills are currently ...

New requirements for farm operators to protect freshwater bodies On 6 June 2023 the Governor General promulgated the Resource Management (Applications of Part 9A – Freshwater Farm Plans) Order 2023 and Resource Management (Freshwater Farm Plans) Regulations 2023 as part of the Government's 'Essential Freshwater ...

Queenstown Lakes District Council (QLDC) Councillors have approved for notification the Urban Intensification Variation to the Queenstown Lakes Proposed District Plan (PDP). The Variation seeks to increase the District's commercial and residential development capacity through a combination of 'out' and up' intensification. It includes significant ...

The Environment Court has issued its final decision on rules governing land use and subdivision in the Wakatipu Basin. The decision marks the (near) end of almost 8 years of litigation on the destiny of how the rules affect residents and landowners, while leaving some ...

Improved efficiency, consistency and consenting pathways. On 20 April 2023 Environment Minister Hon David Parker and Energy and Resources Minister Hon Dr Megan Woods opened consultation on new policies and rules on renewable energy generation (REG) and electricity transmission (ET). The changes are part of ...

The Government is continuing to progress its resource management system reforms following the introduction of the Natural and Built Environment Bill (NBE Bill) and the Spatial Planning Bill (SP Bill) to Parliament in November 2022. The bills are currently before Parliament and are being considered ...

The long-awaited Natural and Built Environment Bill (NBE Bill) and Spatial Planning Bill (SP Bill) have been introduced to Parliament. The two Bills are the first of three that make up the reform of the current resource management system, with the third being the anticipated ...

The Government has released the National Policy Statement for Highly Productive Land (NPS-HPL) to protect highly productive land from inappropriate subdivision, use and development and to ensure its availability for food and fibre production, to take effect from 17 October 2022. The NPS-HPL responds to ...

A recent decision of the Environment Court provides guidance on the classification of natural wetlands and the assessment of pasture exclusions. This decision will interest landowners, particularly farmers, considering whether their land is subject to wetland controls.   In the case of Greater Wellington Regional ...

Implementation planning needs to include more project funding for iwi & hapū. Allowance for more project funding for iwi in year 1 of the implementation phase of the NPS-IB will enable iwi to start their own projects to gather information to prepare for NPS-IB planning ...

The Ministry for the Environment (MfE) is seeking feedback on proposed amendments to the National Policy Statement for Freshwater Management 2020 (NPS-FM) and the National Environmental Standards for Freshwater 2020 (NES-F). The proposed amendments are collectively referred to as the exposure draft. They fall into ...

Otago Regional Council (ORC) has undertaken its 10-yearly review of its Flood Protection Management Bylaw 2012 (2012 Bylaw) and prepared its Proposed Flood Protection Management Bylaw 2022 (Proposed Bylaw). The Proposed Bylaw has implications for landowners and occupiers adjacent to flood protection works undertaken by ...

Editorial published in Christchurch’s lifestyle magazine ‘Metropol’ in the Women In Business feature on Tuesday 26 October. Resource Management is a dynamic and rapidly changing area of law, with ambitious reforms planned. That’s where Anderson Lloyd partner Sarah Eveleigh comes into play. For Sarah, the ...

The Milford Opportunities Project (MOP) has launched its Masterplan for Milford Sound Piopiotahi, the Milford Corridor and the Milford sub-regional area. Background The MOP was established as a multi-agency approach to consider how visitors to Milford Sound Piopiotahi and the Milford Corridor should be managed. ...

The package of reforms responding to the Havelock North water contamination event are getting much closer to coming into force. Those reforms include: Creating a new regime for managing and monitoring private and public drinking water supplies; Establishment of a new water services regulator (Taumata ...

Cabinet has approved the exposure draft of the proposed Natural and Built Environments Act (NBA). The NBA will provide for land use and environmental regulation and will be the primary piece of legislation to replace the Resource Management Act 1991 (RMA). The NBA, along with ...

The Government is seeking to align existing policy and provide long-term direction for achieving consistent outcomes in housing and urban development through a Government Policy Statement on Housing and Urban Development (GPS-HUD). Feedback on the document is sought by 30 July 2021. The purpose of ...

The Climate Change Commission has just released its first package of advice to Government (the Report). The Report includes three proposed emissions budgets and advice on the policy direction for the Government's first Emissions Reduction Plan. The focus has noticeably shifted to decarbonising and reducing ...

The Government has announced the process to repeal and replace the Resource Management Act 1991 (RMA). We take a closer look at the details here. Three new Acts The three new Acts will be the: Natural and Built Environments Act (NBA) to provide for land ...

The proposed Selwyn District Plan is an activities-based plan which contains strategic objectives to provide an overarching direction for new activities in the district. As an activities based plan it is important you know how current and future activities are defined and provided for in ...

The Resource Management Amendment Bill (the Bill) passed its final reading on 25 June. The Bill seeks to improve Resource Management Act 1991 (RMA) processes and enforcement provisions, increase certainty and public participation, improve freshwater management, and clarify interaction between the RMA and climate change ...

We have been following the RMA legislation which provides for fast track consenting and can provide a further update now that the COVID-19 Recovery (Fast Track Consenting) Bill is available. The purpose of this legislation is to urgently promote employment growth to support New Zealand's ...

In the words of Minister Parker speaking on proposed Covid-19 reforms to the RMA; "these are extraordinary times that need extraordinary solutions". On Sunday 3 May 2020, the Government announced Cabinet approval to amend the Resource Management Act 1991 (RMA) through the Covid-19 Recovery (Fast ...

Special Tribunal recommend Water Conservation Order (WCO) over Te Waikoropupū Springs and her associated wai. After almost two years deliberation, the Special Tribunal appointed to hear an application for a WCO over Te Waikoropupū Springs and associated wai (water) has released its Report on the ...

Flooding in some regions of New Zealand over the past few years has highlighted the need for careful environmental management and monitoring of forestry estates, particularly in areas where there is a high risk of erosion due to the underlying terrain. Several forestry companies have ...

The Minerals and Petroleum Strategy identifies the need to take action against the existential threat of climate change, and that the transition towards a low emissions economy needs to be a just one. Fossil fuels will continue to play a role in providing secure, affordable ...

The Government released a discussion document on a proposed National Policy Statement for Urban Development (NPS-UD) on 21 August The purpose of the NPS-UD is to provide direction to local authorities under the Resource Management Act (RMA) about when and how urban areas should plan ...

On 14 August 2019 the Ministry for the Environment (ME) and Ministry of Primary Industries (MPI) released a discussion document on a proposed National Policy Statement for Highly Productive Land (NPS-HPL). The purpose of the NPS-HPL is to improve the management of highly productive land, ...

On 1 August 2019 the Government, by joint announcement from the Honourable Dr David Clark and the Honourable Nanaia Mahuta, announced wide spread changes to manage the provision of drinking water and the management of storm water, and waste water reticulation and discharge. The Government ...

Environmental Defence Society (EDS) has released its Reform of the Resource Management System: The Next Generation Synthesis Report. The Report discusses the development of the resource management system, current challenges facing New Zealand, and potential paths for reform. The Report follows Phase 1 of the ...

1 October marks 25 years since both the Resource Management Act 1991 (RMA) and Crown Minerals Act 1991 (CMA) came into force [1]. Both Acts represented significant reform and as Sir Geoffrey Palmer QC has said "The Resource Management Act Law Reform Project was the ...

The Housing Accords and Special Housing Areas Act 2013 ("HASHAA") first came into force on 16 September 2013. The purpose of the Act is to enhance housing affordability by facilitating an increase in land and housing supply in certain regions or districts identified as having ...

The Council's decision on the Proposed Auckland Unitary Plan is due to be released this afternoon (19 August). You will be able to view the final decision here: "AUP Decision". See our website article for further information on what the process has involved to date, ...

Today the Independent Hearings Panel will publicly release its recommendations to the Auckland Council for the first Auckland Unitary Plan. View the Panel's recommendations as they come live here: Understanding the Process The Unitary Plan is the first resource management plan developed for the Auckland ...

Government today released its proposed National Policy Statement Urban Development Capacity ("NPS-UDC"). This release follows on from high level consultation undertaken last year, see our article - An Entirely New Approach to Urban Planning in the Wind. The proposed NPS-UDC is one instrument in a ...

The progress of the Government's reform of the Resource Management Act 1991 has slowed. The Local Government and Environment Select Committee were due to report back on the Resource Legislation Amendment Bill to the House on 3 July[1]. An extension has been sought and granted ...

The Supreme Court's decision in Hampton v Canterbury District Council [2016] NZSC 50 is the latest in a lengthy series of litigation concerning the Hamptons and the important issue of what rights in a resource are granted by the issuing of a resource consent. In a ...

Queenstown Lakes District Council ("QLDC") has announced its latest changes to its Funding and Rating policies which form part of its 2016-2017 Annual Plan (the "Plan"). The Plan was notified on 6 April 2016 and submissions close to the public on 29 April 2016. Key ...

Most directors will be familiar with the requirement to issue a prospectus under the old Securities Act 1978 ("Old Act") when an "offer to the public" is made. However, the old regime was recently replaced with the repealing of the Securities Act 1978 in favour ...

The Ministers for the Environment and Primary Industries have announced a range of proposed changes to a number of instruments to improve freshwater quality in a consultation document called "Next steps for fresh water". In making the announcement Hon Dr Nick Smith noted that New ...

The Productivity Commission has released an Issues Paper - Better Urban Planning - calling for input on the future of urban planning in New Zealand.  The Issues Paper raises fundamental and wide-ranging questions about the planning system and suggests a complete re-think of the way ...

Today, after much anticipation, Hon Dr Nick Smith, Minister for the Environment, introduced the Resource Legislation Amendment Bill 2015 (the Bill) into Parliament for its first reading. The government has been considering amendments to the Resource Management Act 1991 (RMA) since Minister Adams was in ...

The District Plan Review (DPR) has been notified. Submissions from the public close on 23 October 2015. Many of the district's rural land has been re-zoned. In addition, the provisions relating to rural land are proposed to change significantly. There are three main categories of ...

The District Plan Review has been notified. Submissions from the public close on 23 October 2015. Areas such as Kelvin Heights, most of Fernhill/Sunshine Bay, Frankton, uphill of Frankton Road, Arthurs Point, most of Arrowtown and much of Wanaka will remain zoned “Low Density Residential”. ...

The District Plan Review has been notified.  Submissions from the public close on 23 October 2015. Arrowtown is proposed to be zoned a mix of low density residential, medium density residential and Arrowtown Residential Historic Management Zone: http://www.qldc.govt.nz/assets/Uploads/Planning/District-Plan/Maps/Map-27-Arrowtown.pdf. In the operative Plan, Arrowtown's zones are ...

Parliament passed the Environmental reporting Act 2015 into law on Thursday 24 September. This legislation will make environmental reporting mandatory for the first time in New Zealand. The purpose of the legislation is simply 'to require regular reports on New Zealand's environment'. The Act also ...

The Building (Pools) Amendment Bill was introduced for its first reading on 16 September, amending the Building Act 2004 and repealing the Fencing of Swimming Pools Act 1987. This Bill has implications for all owners of pools as well as developments incorporating water garden features ...

Maree Baker-Galloway, Partner at Anderson Lloyd, specialising in environmental law and based in Queenstown, was elected President of the Resource Management Law Association of New Zealand Inc (RMLA), at the Association’s recent annual conference held in Tauranga. Maree has been a member of the Association’s ...

Kelvin Heights - What does the Queenstown District Plan Review mean for you? The District Plan Review has been notified. Submissions from the public close on 23 October 2015. Kelvin Heights will be zoned the same as areas such as Fernhill/Sunshine Bay, Frankton, uphill of ...

Environment Southland ("Council") has released a non-statutory consultation document "Towards a New Plan" in preparation for the Proposed Water and Land Plan ("the Plan"). The aim is to formally notify, and invite submissions on the Plan in early 2016; however this consultation stage is vital ...

Government has been working on the idea of a forestry national environmental standard (NES) for some time and has been consulting with a range of parties.  A NES is a regulation that prescribes technical standards that are imported into RMA plans.  This means that where ...

Stage 3 of the Christchurch Replacement District Plan has been notified, with submissions closing 4 September. This covers the Central City, natural and built heritage, coastal and natural hazards, a special purpose flat land recovery area for the red zone, and remaining parts of the ...

The Government has today announced that Environment Canterbury (ECan) will move to a mixed governance council of seven elected councillors and up to six appointed in 2016 as a transition to a fully elected council in 2019. Elected representatives were replaced in March 2010 by ...

With the possibility of one or two exceptions, all irrigation companies are run on co-operative principles whereby farmers pool resources to build and maintain their scheme to make the cost of irrigation more affordable. By sharing resources, farmers lower the average costs of capital. Sharing ...

Phase 2 of the Replacement District Plan has been notified, with submissions due 15 June.  Phase 2 covers certain residential areas of the city (including new neighbourhoods and character areas), open space and rural areas (including quarrying), hazardous substances and contaminated land management, as well ...

On 23 March, 2015, the New Zealand Initiative, an independent business think-tank, published a report titled 'From Red tape to Green Gold'. The report is the second in a two-part series on the country’s mineral resources and the regulatory barriers which prevent or slow access ...

Independent Commissioners have granted consents to the Waimea Community Dam in Tasman District. The project involves the construction of a concrete faced rockfill dam that will enable water to be stored in a reservoir with a capacity of 40 million cubic metres. Water will then ...

As of 3 March 2015, Resource Management Amendment Act 2013 reforms take effect to honour government promises to speed up council decisions on "medium sized" projects. The reforms clarify and add to requirements for information to be included within a resource consent application and the ...

On 21 January 2015 Environment Minister Dr Nick Smith outlined the Government's plans to 'substantially overhaul' the Resource Management Act (RMA). The changes are certainly more than mere 'tinkering' but they do not remove any current fundamentals from the RMA. Opinion will be divided on ...

The High Court has decided that the Board of Inquiry made material errors in its decision on Plan Changes to the Hawke's Bay Regional Plan for the Tukituki Catchment and associated resource consents for the Ruataniwha Water Storage Scheme[1]. These proposals seek to address water ...

The global financial crisis slowed the implementation of many consented developments around the Queenstown Lakes district. Over that period of inactivity many resource consents would have lapsed. The Inland Revenue Department (IRD) are now undertaking an investigation and have obtained information regarding lapsed consents from ...

The Central Otago District Council's District Plan has been operative since 2008 and is currently under full review. The Council has identified potential changes to its District Plan that will be addressed in the review. Those changes have been notified in a Discussion Document and ...

The Sustainable Business Council ("SBC") has just released its pre-election briefing which aims to share its members' views on the concept of sustainability, and explain how business can work with and inform the government after the election.  SBC's pre-election briefing has identified areas where business ...

Decisions on matters of priority to be made on the Christchurch Replacement District Plans by 28 February 2015. Canterbury Earthquake Recovery Minister Gerry Brownlee and Environment Minister Amy Adams announced the Government agreed to the request by the Christchurch City Council for an accelerated district ...

On 3 July the Minister for the Environment Hon Amy Adams and Minister for Primary Industries Nathan Guy announced the changes to the National Policy Statement for Freshwater Management (NPS), involving the establishment of a National Objectives Framework (NOF) relating to water quality. The changes ...

The Tukituki Catchment Proposal Board of Inquiry has released its final decision on the proposed Ruataniwha Water Storage Scheme.  This comes a day after the Hawke's Bay Regional Council voted to back the scheme but with funding conditional on levels of farmer up-take, workable consent ...

The Otago Regional Council (ORC) is holding a Water Quality Stakeholders Forum on Friday 27 June from 9:45 am – 4:00 pm, at the Scenic Southern Cross Hotel, Dunedin. The purpose of the forum is to discuss what the new Otago Water Plan rules, that ...

When declining Riverstone Holdings' proposed monorail from Kiwi Burn to Te Anau Downs Minister of Conservation Nick Smith stated that "given the highly valued and spectacular landscapes" of the World Heritage Area through which the Monorail would travel, he was required to "err on the ...

The Regulations Review Committee has dismissed a complaint made by Greenpeace and Forest and Bird (the complainants) about the Exclusive Economic Zone and Continental Shelf (Environmental Effects - Permitted Activities) Regulations 2013 ("the Regulations"). The opportunity to explore and develop the natural resources of the ...

Introduction Genetically modified organisms (GMOs) are controlled under the Hazardous Substances and New Organisms Act 1996 (HSNO). However, a number of local authorities are currently considering inclusion of provisions within policy statements and plans under the Resource Management Act to regulate activities involving genetically modified ...

Dairy farmers should note a recent enforcement decision of the Environment Court in response to inadequate effluent management . The Court has issued an enforcement order which prohibits re-stocking of a farm for the 2014-15 milking season until an approved effluent management system with capacity ...

Introduction The purpose of the RMA is to achieve "sustainable management". In general terms the Courts have determined whether this purpose is met by taking an overall judgment approach to the economic benefits and environmental effects of a plan or consent proposal. New Zealand's highest ...

The Otago Regional Council (the ORC) is inviting the public to get involved in how Otago's resources are managed in the future. The ORC has begun a review of its Regional Policy Statement (the RPS) and has published an 'issues and options' document for consultation, ...

The Resource Management Act 1991 (the RMA) allows notified applications for resource consents and notices of requirement to be directly referred to the Environment Court, bypassing the first instance hearing of the consent authority. The consent authority must agree to the direct referral process, and ...

On 31 March, the International Court of Justice (ICJ) at The Hague issued its decision that Japan's taking of whales in the Antarctic Southern Ocean is not for the purposes of scientific research and it must stop all whaling with immediate effect. While the decision ...

New Zealand will have legally mandated environmental reporting, if the Environmental Reporting Bill (introduced 20 February 2014; first reading 5 March 2014) becomes law. The Bill's purpose is to create a national-level environmental reporting system that will ensure environmental reporting occurs on a regular basis ...

Genetically modified organisms are controlled under the Hazardous Substances and New Organisms Act 1996 (HSNO). However, a number of councils are currently considering inclusion of provisions within policy statements and plans under the Resource Management Act to regulate activities involving genetically modified organisms (GMOs). The ...

New Zealand will have legally mandated environmental reporting, if the Environmental Reporting Bill (tabled on 20 February 2014) becomes law. The Bill's purpose is to create a national-level environmental reporting system that will ensure environmental reporting occurs on a regular basis and that it can ...

The Land Use Recovery Plan (LURP) has been approved by the Minister for Canterbury Earthquake Recovery and takes effect on 6 December 2013. It is a significant document for anyone wishing to develop in the Greater Christchurch area and sets the scene for future communities. ...

On Monday the 4th November Hon Chris Tremain introduced the Local Government Act 2002 Amendment Bill (No 3) ("Amendment Bill"). This Amendment Bill does not have the fundamental changes that the last round of reform had. Instead changes relate to: the provisions around development contributions; ...

The Report and Recommendations of the Hearing Commissioners on the proposed Canterbury Land and Water Regional Plan (CLWRP) are now on-line. The Recommendations will be considered by the Environment Canterbury Commissioners on 5 December, with notification of a decision likely to occur on Friday 18 ...

The Christchurch City Council did not endorse the Land Use Recovery Plan (LURP) on 21 November 2013. At the Mayor's request, a further meeting is planned today, 22 November, with the Minister for Earthquake Recovery. The Government has previously signalled that it hoped to make ...

The Governor-General made the Order in Council amending the Kawarau River Water Conservation Order on 11 November 2013. The Order which will amend the WCO will commence on 13 December 2013 and can be found here. The Order gives effect to the Minister for the ...

In September 2013 we reported on Mr Conway, the first person to be sentenced to jail twice for offending under the Resource Management Act 1991. Since then Mr Conway's latest attempt to avoid jail has failed – he was denied leave to appeal the Court ...

Adventure activity providers need to be vigilant and respond to the requirements of the Health and Safety in Employment (Adventure Activities) Regulations 2011, which came into force two years ago. Adventure activity operators now only have less than 12 months to undergo and pass a ...

The Minister for the Environment Amy Adams has accepted the recommendations of the Majority of the Environment Court on an application to amend the Water Conservation (Kawarau) Order 1997 (WCO) in respect of the Nevis River. The recommendations include a prohibition on damming in order ...

In August we reported on progress of the Conservation (Natural Heritage Protection) Bill through parliament. The Bill has now been passed into law. The Conservation (Natural Heritage Protection) Act 2013 came into force on 25 October. It amends six of the main Acts administered by ...

Our August 2010 Resource Management Journal article commented on developments in the area of biodiversity offsets and environmental compensation. The 2010 update referred to the Environment Court decisions in Royal Forest & Bird Protection Society Inc v Gisborne District Council and Lower Waitaki River Management ...