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RMA Reforms: Consenting under the New RMA

It’s just on two weeks since the new RMA was revealed with the introduction of the Natural and Built Environment Bill (NBA). An early look at consenting regimes under the NBA indicates that while some aspects are similar to the RMA, some aspects are very different. We highlight some of these differences below. Activity status …

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RMA Reforms: Allocation under the New RMA

The Natural and Built Environment Bill (NBA) heralds the end of a traditional first-in first-served approach to resource allocation, particularly in respect of freshwater. The NBA introduces three resource allocation ‘principles’ – which are sustainability, equity, and efficiency. The National Planning Framework (NPF) can give further detail on the meaning of these principles, and they …

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All is fair in Consumer Contracts and Trade – Changes to the Fair Trading Act 1986

The purpose of the Fair Trading Act 1986 (FTA) is to promote confidence and fair competition amongst business and provides a number of rights to consumers. The Commerce Commission works hard to enforce fair and proper trade practices of businesses providing goods and services to the New Zealand market. A recent example being the $840,000 …

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Cooling on the use of Fluorinated Gases

As part of the Government’s goal to reduce fluorinated gases including hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride – the Government is currently consulting on a product stewardship scheme for refrigerants such as heat pumps and refrigerators, and prohibiting the import and sale of equipment pre-charged with fluorinated gases when alternatives are available. Fluorinated gases have a …

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RMA Reforms: First Look at the New RMA

After much anticipation, the Government has now unveiled two of the three new replacements to the Resource Management Act 1991 (RMA)– the Spatial Planning Act (currently the Spatial Planning Bill) (SPA); and – the Natural and Built Environment Act (currently the Natural and Built Environment Bill) (NBA)). The third bill is the Climate Adaptation Act …

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The Water Services Act – what you need to know

The Water Services Act 2021 (“the Act”) has become a key consideration for rural water supply arrangements. The Act is being implemented in a staged manner, and some additional requirements have just come into effect. While its main purpose is focussed on safe drinking water, it also sets out obligations with respect to wastewater and …

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Consultation on Pricing Agricultural Greenhouse Gas Emissions

The Government is currently consulting on a new pricing scheme for agricultural emissions. The agricultural sector is currently excluded from the Emissions Trading Scheme (ETS) and contributes to about half of New Zealand’s greenhouse gas emissions. The Primary Sector Climate Action Partnership – He Waka Eke Noa – is a partnership between the Government, Māori …

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Uber drivers succeed in being declared employees in the Employment Court

Last week the Employment Court released its decision in which it has found in favour of four Uber drivers, ruling that they are deemed to be employees rather than independent contractors. This is in contrast to an earlier decision of the Employment Court in 2020 which held an Uber driver was not an employee. Employment …

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Help – I’ve been asked to provide a guarantee

What is a guarantee and indemnity? When approaching a lender for finance, they may request a guarantee be provided as security alongside the loan documents. A guarantee is a separate promise to the lender stating if the borrower doesn’t meet their obligations under the loan, you as guarantor will fulfil them. Lenders require you to …

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