New Regime for Crown Minerals

Crown Minerals (Permitting and Crown Land) Bill 2012

At the beginning of September the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill passed into law, setting up a regime for environmental protection of the EEZ in relation to certain activities including petroleum and mineral exploration and extraction. The next step in the furtherance of the Government's Business Growth Agenda and Petroleum Action Plan to unlock the country's petroleum and minerals assets comes in the form of the Crown Minerals (Permitting and Crown Land) Bill 2012, which received its first reading last month. The Bill amends the Crown Minerals Act 1991 (CRA), and makes related amendments to other Acts.

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Investigate Before Issuing A Certificate Of Compliance

Royal Forest and Bird Protection Society of New Zealand Incorporated v Waitaki District Council

This case is interesting because it clarifies the principles applying to the issue of Certificates of Compliance (CoC) in accordance with section 139 of the Resource Management Act 1991 (RMA). It confirms that Councils must carefully consider what type of information will be needed in order to undertake an adequate assessment as to whether an "activity can be done lawfully in the particular location without a resource consent" before issuing a CoC. The determination will greatly depend on the wording of the particular District Plan provisions involved.

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Who Owns the Bed of Rivers?

The question of ownership of river beds between riparian owners and the Crown turns on the issue of navigability. Historically, this was dealt with under section 14 of the Coal-mines Act Amendment Act 1903 (CAAA'03) which was substantially re-enacted in section 261 of the Coal Mines Act 1979 (CMA). The legislation holds that if a river was navigable then it vests in the Crown. In determining, contrary to earlier decisions, that the stretch of river in question was not navigable, the Supreme Court (SC) decision in Paki v Attorney-General is a small victory for Maori.

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'Tag' Report into RMA Sections 6 & 7 and Natural Hazards

The Resource Management Act 1991 Principles Technical Advisory Group has released its Report on its review of sections 6 and 7 of the RMA and the natural hazards provisions.

The Report makes recommendations including that:

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Section 274 RMA - Who Has Standing?

Treble Tree Holdings Limited v Marlborough District Council

This case involves the interpretation of section 274 of the Resource Management Act 1991 (RMA) and is important for decision makers and developers to bear in mind as section 274 notices arrive. Interestingly, it states that a person who holds a certain level of scientific knowledge, which relates to the subject matter of the appeal, may come within the terms of section 274(1)(d) as having a greater interest than the general public. The judgment also considers the accepted interpretation of section 274(1)(d) and sets out the principles arising from the previous case law which should be applied.

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The Dangers of Careless Consultation

Cressick Valley Residents Association Inc v Wellington City Council

Cressick Valley Resident's Association (CVRA) sought judicial review of decisions made by the Wellington City Council (Council) concerning the re-zoning of a site owned by Terrace Heights Holdings Ltd, the second respondent, which was located near to the homes of members of CVRA. The re-zoning of the site was undertaken at the request of the owner in the context of a wider plan change proposed by the Council.

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