Sep 2008

A collection of FYI Naturally Resourceful archives.

A change to the 'environment'
October 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.

Whangamata Marina Society Inc v Attorney-General: Backto the Minister
October 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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Naturally Resourceful Part 2
February 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.

Resource Management Amendment Act 2005
August 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.

Resource Management Amendments Select Committee's Report
July 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
June 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.