7 August 2024 • 22 minute read

Public Decision Makers Newsletter – Winter 2024

Written by:Kerry Anderson Waldo Randal Kate Rogers Emma Manohar Mike Campbell

This newsletter summarises recent developments in law relating to resource management and local government in Aotearoa New Zealand that may be of interest to local authorities and decision makers.

Legislative update: key changes in resource management

The current Government is continuing to progress its proposed reforms of the resource management system, particularly in areas such as freshwater, significant natural areas, coastal permits for marine farms, and the fast-tracked approvals process. Additionally, there are changes on the horizon aimed at modernising the Public Works Act 1981 to make it easier to build infrastructure and enabling people to build granny flats as of right.

Supreme Court overturns East-West Link approval

The previous National government proposed a four-lane arterial road in Auckland connecting State Highway 1 at Penrose to State Highway 20 at Onehunga. The proposal was dubbed the 'East-West Link'. It involved a bi-directional four lane highway along the northern shores of the Mangere Inlet and required 24 resource consents and two notices of requirement. The proposal required reclamation of parts of the coastal marine area and would result in permanent loss to Significant Ecological Areas identified in the Auckland Unitary Plan.

Misfeasance and limitation: Whangarei District Council v Daisley

The role of Council officers in maintaining and considering Council resource consent records when making enforcement decisions was the subject of an appeal before the Court of Appeal. This article briefly addresses the key findings in that decision.

Sentencing decision: Waikato Regional Council v Peter Sole Transport Ltd

This is a sentencing decision following Peter Sole Transport Limited pleading guilty to two charges under sections 9(2) and 338(1)(c) of the RMA. These charges were for conducting earthworks without a resource consent and breaching an abatement notice. The offences involved the deposition of cleanfill, specifically rock boulders, for the construction of a seawall on Mōkau Beach.

Environment Court guidance: Second Star Ltd v Queenstown Lakes District Council

The Environment Court decision in Second Star Ltd v Queenstown Lakes District Council was an appeal against the Queenstown Lakes District Council (the Council) decision to decline resource consent applications for a luxury visitor accommodation lodge at Damper Bay between Wānaka Township and Glendhu Bay. Ultimately, the appeal was dismissed. However, the Court provided some helpful guidance for councils appearing before the Court on appeals against their decisions.