Public Decision Makers Newsletter – Winter 2024
Legislative update: key changes in resource management
Supreme Court overturns East-West Link approval
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.