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
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 Part 2
Feb 2006
In June 2004 we summarised the Court of Appeal decision in Discount Brands Limited v Northcote Mainstreet Inc & Westfield (New Zealand) Limited & North Shore City Council. That decision was subsequently overturned by the Supreme Court. In the meantime, Discount Brands applied for, and North Shore City Council granted consent on a non-notified basis to, a back-up consent for the Fox Outlet Centre. The second consent was also challenged by the plaintiffs. The High Court decision in Round 2 was released on 31 January 2006.
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A change to the 'environment'
Oct 2006
In order to accurately assess the effects of a proposal on the environment, a consent authority needs to have a clear idea exactly what that environment includes. James Winchester and Matthew Conway examine a recent Court of Appeal decision with potentially far-reaching implications for consent authorities and applicants as to what the "environment" includes and the relevance of unimplemented consents.
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Whangamata Marina Society:
Back to the Minister
Oct 2006
In the latest battle over the Whangamata marina, the High Court has set aside the Minister of Conservation's decision refusing consent to two coastal permits for restricted coastal activities under s119 of the Resource Management Act 1991 (RMA), and referred the matter back to the Minister for reconsideration: Whangamata Marina Society Inc v Attorney-General, HC Wellington, 18/9/06, Fogarty J, CIV 2006-485-000709. This FYI summarises the decision and its implications for decision makers.
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Resource Management
Amendment Act 2005
Aug 2005
This Act is intended to provide for better efficiency in the RMA but, given the changes, it will probably see much turmoil and litigation in the short-term, as the new provisions are tested and clarified. This has major implications for everyone who works with the RMA and our FYI hopefully provides a useful introduction to these changes.
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Resource Management Amendments Select Committee's Report
Jul 2005
After hearing a considerable number of submissions, the Local Government and Environment Committee has reported back to the House in relation to the Resource Management and Electricity Legislation Amendment Bill.
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Naturally Resourceful
Jun 2004
A decison of the Court of Appeal released last week has settled much of the debate about how much information is required in support of a section 94 decision not to notify a resource consent application.
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