Environment & Planning

Intensive winter grazing regulations made more practical

The Government is proposing changes to intensive winter grazing regulations in order to address practical challenges raised by stakeholders. These regulations are set out in the Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (NESF), which were introduced as part of the Government’s Essential Freshwater reforms. A Discussion Document setting out the proposed changes …

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Natural Wetland provisions are changing

The Government is proposing changes to natural wetland provisions in the Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (NESF) and the National Policy Statement for Freshwater Management 2020 (NPSFM). Both documents were introduced as part of the Government’s Essential Freshwater reforms and introduced strong regulatory protection for natural wetlands. The proposed changes respond …

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No joy for developers in landmark development contributions case

A significant case in relation to development contributions was recently decided by the High Court, in relation to Hamilton City Council’s (HCC) development contributions policy (DC policy) and its application. Development contributions are a funding tool for territorial authorities to charge those undertaking developments a portion of the capital expenditure cost necessary to service growth …

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More Essential Freshwater Reforms: Stock Exclusion Regulations

The Government has proposed changes to the low slope map in the Resource Management (Stock Exclusion) Regulations 2020 (Stock Exclusion Regulations). These regulations form part of the Government’s Essential Freshwater reforms, which are intended to achieve the following objectives: halt further degradation of waterways; make material improvement in the health of waterways within five years; …

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More Essential Freshwater Reforms: Freshwater Farm Plans

The Government has proposed new regulations for freshwater farm plans. These regulations form part of the Government’s Essential Freshwater reforms, which are intended to achieve the following objectives: halt further degradation of waterways; make material improvement in the health of waterways within five years; and restore degraded waterways within a generation. The Essential Freshwater reforms …

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New Directions and New Name for Resource Management

The Government has released an ‘exposure draft’ of the National Built Environments Act (NBA), intended to replace the Resource Management Act 1991 (RMA) which has, for many years, been held responsible by developers and environmentalists alike for failing to adequately and effectively manage our natural resources. The release of the exposure draft is a novel …

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Precedent-setting case granting Customary Marine Title

The first major ruling under the Marine and Coastal Area (Takutai Moana) Act 2011 (“the Act”) was released by the High Court on Friday 7 May 2021, representing an important milestone for iwi claims to customary marine title and protected customary rights to the coastal marine area in New Zealand. The Act was brought into …

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Resource Management Reform

On 10 February 2021, Minister for the Environment, David Parker, announced that the Resource Management Act 1991 (“RMA”) will be repealed and replaced with three new Acts by the end of 2022. These are the: Natural and Built Environments Act; Strategic Planning Act; and Climate Change Adaptation Act. These new acts seek to improve the …

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Fast tracking New Zealand’s COVID 19 recovery

2020 certainly isn’t the year we thought it would be and the Covid-19 Recovery (Fast-track Consenting) Act 2020 (the Act) definitely wasn’t on the Government’s legislative agenda back in January. The Act was passed under urgency and is part of the government’s economic response to Covid-19, promoting development as a way to stimulate the economy. …

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Fresh National Direction: The National Policy Statement for Freshwater Management 2020

The brand new National Policy Statement for Freshwater Management 2020 (NPSFM20) came into force on 3 September 2020, replacing the National Policy Statement for Freshwater Management 2014 (NPSFM14). The new statement forms part of the Government’s overhaul of the freshwater planning framework and introduces a slew of changes to the way regional councils are required …

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