Environment & Planning

The Tram Lease cases – a salient reminder of an expert witness’ obligations

The Environment Court has sent a sharp lesson to expert witnesses (and counsel) about the dangers of failing to comply with the Expert Witness Code of Conduct in two recent decisions. Britomart extension case The first case, Tram Lease Ltd v Auckland Council [2015] NZEnvC 137, involved an appeal by Tram Lease Ltd (TLL) against …

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Papakāinga development

Papakāinga development – turning aspiration into reality This article was published in the November 2014 edition of the Resource Management Journal. Introduction The recently announced Māori Housing Strategy cites planning restrictions as a key aspect of why Māori are under-represented in housing ownership. This article explores the increasing push by tāngata whenua for papakāinga housing …

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Resource consent – property in all but name

Section 122(1) of the Resource Management Act 1991 (RMA) states that a resource consent is neither real nor personal property.  However, resource consents are often treated as property given that a resource consent is inherently valuable to the consent holder.  This is commonly witnessed in the practice of resource consents being bought, sold and leased …

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