Environment & Planning

Fresh National Directions: The National Environmental Standards for Freshwater 2020

The Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (“the NES:F”) came into effect on 3 September 2020 as part of the Government’s wider “Action for Healthy Waterways” package (which also includes the new Freshwater Planning Process contained in the Resource Management Amendment Act 2020, the National Policy Statement for Freshwater Management and Stock …

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The Resource Management Amendment Act 2020

The Resource Management (get your) Amendment Act (together) 2020 (RMAA) is the latest in a never-ending series of amendments to the Resource Management Act 1991 (RMA). The RMAA came into force on 1 July 2020 and introduces some significant changes, particularly for the freshwater planning process. It also enhances public participation in the planning process, …

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New Zealand’s changing resource management landscape

2020 has been a year of significant changes for the resource management framework in New Zealand, with important developments in both legislation and national direction. More substantial changes are also on the horizon, with the Resource Management Review Panel’s report on the Resource Management Act (RMA) reform now published and both major parties indicating that …

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COVID-19 Recovery (Fast-Track Consenting) Bill

The COVID-19 Recovery (Fast-Track Consenting) Bill was introduced on 16 June 2020 in the Government’s attempt to mitigate the effects of COVID-19. The Bill aims to bypass the Resource Management Act 1991 in order to speed up the consenting process for projects. Parliament’s last sitting day is 6 August in preparation for the 19 September …

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Resource Management Amendment Bill

Resource Management Amendment Bill – Environment Committee Report The Resource Management Amendment Bill was introduced to the House of Representatives on 23 September 2019, and the period for lodging written submissions closed on 7 November 2019.  Following the presentation of oral submissions, the Environment Committee has now provided its final report to the House and …

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Reimagining the resource management system: issues and options

The Ministry for the Environment has released the Resource Management Review Panel’s issues and options paper entitled “Transforming the resource management system: Opportunities for Change”. The Panel has been tasked with undertaking a comprehensive review of the Resource Management system and other associated legislation. The Resource Management Act 1991 was a revolutionary planning document integrating …

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Untangling the Net: Marine Spatial Planning under the RMA

Protected areas around Motiti Island as set out in the Environment Court’s interim decision, Motiti Rohe Moana Trust v Bay of Plenty Regional Council [2018] NZEnvC 067 On 4 November 2019 the Court of Appeal concluded in a controversial decision that regional councils can use the Resource Management Act 1991 (RMA) to control fishing in …

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Dewhirst update: the bed of a river begins with its banks, not its fullest flow

The Court of Appeal has dismissed the Canterbury Regional Council’s (the Council) appeal of the High Court’s decision on how to find the “bed” of a river under the Resource Management Act 1991 (RMA). The litigation arose because of the prosecution of Dewhirst and Dewhirst Land Company Ltd for works undertaken in the Selwyn River …

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Action for Healthy Waterways: Proposed National Environmental Standards for Freshwater

Photo from:  Ministry for the Environment. 2019. Action for healthy waterways – A discussion document on national direction for our essential freshwater. On 5 September 2019 the Government released the long-awaited package of freshwater reforms. The Action for Healthy Waterways package seeks to stop the degradation of New Zealand waterways and restore them to a …

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