Public Decision Making Newsletter - Winter 2021
This newsletter summarises recent developments in law relating to resource management and local government in New Zealand that may be of interest to local authorities and decision makers.
In this edition, we review recent decisions of the High Court in respect of a decision on applications under the Marine and Coastal Area (Takutai Moana) Act 2011, and a judicial review of a Board of Inquiry decision and the application of section 104D of the RMA. We provide an analysis of recent decisions concerning prosecutions for environmental offending including a decision of the District Court which addresses the need to carry out a careful investigation prior to filing charges, and a decision which provides insight into the continued trend of high penalties for environmental offending. We also analyse the recent expert consenting panel decision approving the resource consents and notices of requirement for the Te Ara Tupua - Shared Pathway project under the Fast-track Consenting legislation.
Over the past few months there has been considerable development in legislation concerning the environment and decision-making by local authorities, including a review into the future of local government, a NPS on outdoor storage of tyres, and sustainable freedom camping. In this edition, we briefly update on RMA Reform and consider the Exposure Draft of the proposed Natural and Built Environments Bill. We provide a more detailed review of the Exposure Draft in the link provided.
