Environmental / Resource Management

Zipline Proposal Cut Short - Impact of Cultural Effects

Created: Monday, 21 December 2020 15:59

The Taupō District Council’s (TDC) hearing panel (Panel) recently issued its decision on an application for land use consent by Sky Play Adventures Limited and Tauhara North No.2 Trust (Applicant) to construct and operate a zipline, base station and walking tracks along and over the Waikato River, as well as a tour hub on Huka Falls Road. The application overall was considered as a discretionary activity.

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High Court tackles competing primacy of mana whenua groups under RMA

Created: Wednesday, 09 December 2020 15:58

In Ngāti Maru Trust v Ngāti Whātua Ōrākei Whaia Maia Limited the High Court deals with the emerging acceptance of tikanga Māori in New Zealand’s modern legal system. Deciding how best to fit these two systems together after centuries of dominance of the European legal construct is no small feat, but the judiciary has taken on the challenge and we, as a country, are starting to see the results.

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New Privacy Act 2020 Commencing 1 December 2020 - What You Need To Know

Created: Tuesday, 27 October 2020 08:52

The substantive provisions of the Privacy Act 2020 come into force on 1 December 2020.  This is the first comprehensive reform since the Privacy Act 1993 was enacted and makes New Zealand’s privacy law more consistent with comparable jurisdictions.

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Extending Lapse Period of a Resource Consent

Created: Friday, 14 August 2020 14:56

Sidwell v Thames-Coromandel District Council [2020] NZEnvC 124

The Environment Court has recently considered an application for a declaration seeking confirmation that a Council may use its power under section 37 of the RMA to waive and extend the time limits expressed under section 125 of the RMA for the lapse date of resource consents. 

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High Court decision on temporary effects in undertaking notification assessment

Created: Thursday, 13 August 2020 14:13

Trilane Industries Ltd v Queenstown Lakes District Council [2020] NZHC 1647

The High Court has recently confirmed that a consent authority cannot ignore temporary effects in undertaking its notification assessment on the grounds those effects will be ameliorated in a relatively short timeframe having regard to the life span of the proposed activity.  This is in circumstances where the Council essentially bundled its assessment of temporary adverse effects with eventual mitigation of those effects, to reach the view that effects on landscape and amenity were minor.  In taking this approach, the Court held that the Council erred in law.

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A Warning Shot to Territorial Authorities for Future Unlawful Discharges

Created: Tuesday, 02 June 2020 09:37

In Waikato Regional Council v Matamata-Piako District Council [2020] NZDC 7135 Judge Harland has issued a warning to territorial authorities about the likelihood increased fines for future unlawful discharges. She also sets out several proactive management measures that territorial authorities should be undertaking in respect of their infrastructure.

Download here for the Reserved Decision of Judge Harland

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