Resource Management

Leases – it’s all in the Wording

The importance of clear and explicit wording in your contractual arrangements has been confirmed by the recent quashing by the Supreme Court of the Court of Appeal’s judgment against Mobil Oil – Mobil Oil New Zealand Limited v Development Auckland Limited [2016] NZSC 89.   The Court of Appeal – disagreeing with the High Court […]

Reverse Sensitivity – Spraying in Rural Areas

The recent case of Avatar Glen Ltd v New Plymouth District Council is noteworthy for its consideration of issues raised by residential neighbours to the proposed specialist dementia care home relating to possible reverse sensitivity arising from horticultural spraying activities.   The Environment Court found on an interim basis that there was no valid reason […]

Special Housing Areas

SPECIAL HOUSING AREAS What are Special Housing Areas? Special Housing Areas (SHAs) are areas of land that have been approved by Order in Council as satisfying the criteria to be approved as SHAs which in turn allows the land to be developed for residential housing at a faster and more permissive way than they would […]

Overhaul of the RMA this year?

In a speech to Nelson Rotary last night, Minister for the Environment, Nick Smith, signalled the government’s intention to continue with the second phase of amendments to the Resource Management Act 1991 (RMA) this year. The government completed its first phase of RMA reform during its first term (with the final changes coming into effect […]

Earthquake Prone Heritage Buildings

 Proposed amendments to the Building Act 2004 and a recent decision of the High Court raise issues for owners of heritage buildings deemed by a council to be earthquake prone. Changes to Building Act Currently the Building Act gives local councils relatively broad powers in relation to earthquake prone buildings and requires them to adopt […]

What to consider in the Reboot of the RMA

Proposals for significant change to the Resource Management Act (RMA) have been hotly debated since they were released earlier this year. The Minister for the Environment has now released a response to the consultation and set out the reforms that will become a Resource Management Reform Bill. Let’s consider some significant areas of change proposed. […]