Insights

The extent to which the proposed end use of water (rather than just the effects on the environment of extracting the water) can be considered when granting consent has been a hotly contested issue in resource management law for some time. 

The replacements for the Resource Management Act 1991, the Natural and Built Environments Act (NBEA) 2023 and the Spatial Planning Act 2023 passed their third reading on 17 August 2023 and are expected to receive Royal Assent next week.

In Local Government Mutual Funds Trustee Limited v Napier City Council [2023] NZSC 97 the Supreme Court delivered a decisive judgment in a long running dispute over whether an exclusion clause in an insurance policy excluded cover for non-weathertightness building defects.

The National Policy Statement for Indigenous Biodiversity (NPSIB) came into effect from 4 August 2023. It provides national direction on how to identify and protect significant indigenous biodiversity.

The Resource Management Act 1991 (RMA) requires councils to monitor the state of the environment, planning policies and processes, and resource consents issued under the RMA, and to take appropriate action to enforce the requirements of the RMA where necessary.

After the immediate clean-up, the legal, financial, and planning policy ramifications of this flooding event will live on.  No-one has enough information yet to know just what the consequences of this event will be.  However, we set out below some of our thoughts on the likely implications.   We comment on issues that arise out of insurance claims and that relate to planning policy in Auckland.

New Zealand’s planning and environmental laws have for a long time struggled with finding the balance between protecting our natural environment and level of urban amenity, while also providing sensible mechanisms to promote development and economic growth. To tackle this the Government has introduced the Natural and Built Environment Bill (NBE Bill) and the Spatial Planning Bill (SP Bill) to Parliament as proposed replacements for the Resource Management Act 1991 (RMA).

Beresford Law is delighted to announce that Environmental and Resource Management Law Partner, Joanna Beresford, has been appointed to the Auckland District Law Society (ADLS) Environmental & Resource Management Committee.  The appointment is for a two-year term.

There is a lot going on in the RMA sphere with law reform and consultation on national guidance instruments.  From indigenous biodiversity to three waters reform, here are some key dates for consultations closing in July to be aware of.

The government has announced that the RMA will be repealed and replaced by the end of the current Parliamentary term.  The RMA governs how business that use or affect our land, air, water or natural or coastal resources can operate.  What emerges from the upcoming law reform process will shape how many businesses operate, and also how New Zealanders live, work, and play for many decades.  If you want to engage effectively in the upcoming process, then it is important to get ready now.