The Resource Management & Environment Group's newsletter covers a range of day-to-day issues, as well as cases before local authorities and the courts, and pursuing and defending enforcement action, legislative changes, Maori and Treaty issues, public liability matters (for example nuisance and negligence claims against public bodies) and judicial review of statutory decisions.

Naturally Resourceful
Having Your Cake and Eating
It Too - No Complaints
Covenants given some teeth
Oct 2008
A recent High Court decision may reduce one of the biggest criticisms of the RMA; the ability for neighbours, existing or new, to complain about existing land uses on neighbouring properties.

James Winchester looks at why developers, manufacturers, farmers and even port/airport operators should welcome the Court’s validation of no complaints covenants; an effective and enforceable tool to prevent future residents complaining about the effects of existing neighbouring land uses.
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Naturally Resourceful
Living Earth - integrity and
regional policy statements
Sep 2008
The recent Court of Appeal decision in Auckland Regional Council v Living Earth Limited [2008] NZCA 349 resolves the previous uncertainty about whether, in the context of a resource consent application, the integrity of regional planning instruments requires separate evaluation to the integrity of district planning instruments under s104(1) of the Resource Management Act 1991 (RMA). It also clarifies how the permitted baseline test should be applied to resource consent applications. This FYI backgrounds the case and looks at those two important issues in more detail.
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Naturally Resourceful
The Sunset Terrace Decision -
Adequate Inspection Is Not
A Numbers Game
Jun 2008
The High Court has recently issued an important decision dealing with a Council's duties to homeowners when performing its functions under the Building Act 1991. The decision is Body Corporate 188529 v North Shore City Council, commonly referred to as the "Sunset Terraces" case. This FYI summarises the Court's decision and explores its implications for Councils.
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Naturally Resourceful
Getting Your Priorities
Right
May 2008
The decision of the majority in the Court of Appeal in Central Plains Water Trust v Ngai Tahu Properties Limited & Anor (CA, 19/3/2008, Hammond, Robertson and Baragwanath JJ, CA 69/07 [2008] NZCA 71) has again changed the rules in regard to priority between applicants.
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The Proposed New Zealand
Coastal Policy Statement
May 2008
Submissions on the proposed New Zealand Coastal Policy Statement (NZCPS) close on Wednesday 7 May 2008. As you will be aware, a Board of Inquiry has been established to consider submissions, hear from submitters and prepare a report and recommendations on the proposed NZCPS to the Minister for Conservation. The Minister will then consider the Board's report and may or may not make any changes to the proposed NZCPS.
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Naturally Resourceful
The Woolley Trust Decision
On Restricted Discretionary
Activities
Mar 2008
The High Court has recently released an important decision on how restricted discretionary activity resource consent applications should be assessed. The decision is Auckland City Council v The John Woolley Trust and S J Christmas HC AK CIV-2004-404-3787 [31 January 2008].
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Naturally Resourceful
Clearing Bush to Save
a Forest
Nov 2007
The role of biodiversity offsets in the context of section 6(c)

What does the protection of areas of significant indigenous vegetation require? Partner Philip Milne and Associate Matthew Conway, explore a question central to the Environment Court's recent decision in Director-General of Conservation v Wairoa District Council (W081/2007).
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Climate Change
Nov 2007
Not surprisingly climate change, renewable energy and CO2 emissions have been contentious issues under the RMA. The debate was further fuelled by the Resource Management (Energy and Climate Change) Amendment Act 2004 (2004 Amendment). Starting with the position prior to the 2004 Amendment, this FYI discusses the current situation, recent case law developments, and the implications of the development in 2008 of a National Policy Statement on renewable electricity generation.
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A park reserved for
Commercial use?
Oct 2007
Friends of Turitea Reserve Society Incorporated v Palmerston North City Council
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Emissions Trading
Tax Issues
Government released a paper on 24 September 2007, to address New Zealand Emissions Trading Scheme (NZETS) tax issues (Footnote 1). Appropriate tax treatment of NZ Units is important to ensure that the policy rationale underlying the design of the NZETS, in particular the policy reasons underlying the free allocation of NZ Units, are not subverted.
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Climate Change - the
New Zealand Emissions
Trading Scheme unveiled
Government's long awaited proposals for an emissions trading scheme for New Zealand have finally been unveiled, with the release of "The Framework for a New Zealand Emissions Trading Scheme" policy document on Thursday, 20 September 2007.

The framework document sets out the "in-principle" decisions Government has made about the introduction, objectives and core design of an emission trading scheme for New Zealand.
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Waitakere City Council v
Estate Homes Limited
Feb 2007
In a decision issued just before Christmas 2006, the Supreme Court overturned the Court of Appeal's judgment regarding the compensation payable by Waitakere City Council to a subdivider for constructing an arterial road as part of its subdivision. This FYI summarises the Supreme Court's decision and explores some of its implications.
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Naturally Resourceful
(Archives)
Sep 2008
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