Environment & Resource Management

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 the coastal marine area.

The Court of Appeal has dismissed the Canterbury Regional Council’s appeal of the High Court’s decision on how to find the “bed” of a river under the Resource Management Act 1991.

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 healthy state. 

The official closing date for submissions is Thursday 17 October 2019 at 5pm. However, submissions will be accepted for a further two weeks beyond that date, until 31 October 2019.

The Government released its proposals for freshwater management reform on 5 September 2019, including a consultation draft of the National Policy Statement for Freshwater Management.  

The official closing date for submissions is Thursday 17 October 2019 at 5pm. However, submissions will be accepted for a further two weeks beyond that date, until 31 October 2019.

The Ministry for the Environment have released proposed regulations to exclude stock from waterways.  

The official closing date for submissions is Thursday 17 October 2019 at 5pm. However, submissions will be accepted for a further two weeks beyond that date, until 31 October 2019.

The month of August has seen a flurry of activity coming from the Ministry for the Environment, with its proposed National Policy Statement (NPS) on Urban Development being released hot on the heels of the proposed NPS for Highly Productive Land. 

The Government launched yesterday its overhaul of the Resource Management Act 1991 which, as described by Hon David Parker, “takes too long, costs too much and has not protected the environment”. 

The Productivity Commission, an independent Crown entity, has released its draft report on local government funding and financing

The first set of National Planning Standards came into force on Friday 3 May 2019.

The High Court decision Dewhirst Land Company Ltd v Canterbury Regional Council [2018] NZHC 3338 concerned the correct interpretation of the term “bed” in relation to a river under s2 of the Resource Management Act (RMA). Determining the river bed was “more contentious” in this case because it concerned the Selwyn River, which was a braided river, therefore identifying its banks was more difficult.

New fees and forms are introduced with small changes to service requirements due to recent amendments to the Resource Management (Forms, Fees, and Procedure) Regulations 2003. 

Minister for the Environment Nick Smith announced on 9 August 2017 that the National Policy Statement for Freshwater Management 2014 (NPSFM) would be amended and gazetted on 10 August 2017.  This represents the third set of amendments to the NPSFM since it was first gazetted in 2011 and then replaced in 2014.