Salmon Resource Management Act 1991 22/8/17 Update Summary

LEGISLATION Resource Management (National Environmental Standards for Plantation Forestry) Regulations 2017, in force on 1 May 2018, added. Sections 10, 83, 84, 85, 86, 87, 88 of the Crown Minerals Act 1991 are to be amended, as from 10 January 2019 or on an earlier date to be appointed by Order in Council, by the Land Transfer Act 2017.

COMMENTARY Commentary has been included on the following cases:

RESOURCE MANAGEMENT ACT 1991 High Court — District plan — Excavation — Rules — Maori values — Farming — Ancestral land Te Runanga O Ngai Tahu v City Council [2017] NZHC 541 — Decision resolving by consent of the parties an appeal against a decision by the Independent Hearings Panel on the proposed Christchurch Replacement Plan. Held, exemption was contrary to the statutory obligation imposed under ss 6-8 of the Act: [RM6.06].

Bulletin — 2 Salmon 22/8/17

Declaration — Procedural — District plan proposed — District plan review — Coastal Coastal Ratepayers United Inc v Council [2017] NZEnvC 31 — Application for declarations regarding two processes undertaken by council. Held, nothing in s 79(2), (3), (6) or (7) requires a reviewing local authority to commence sch 1 processes within any specified time of completing its review: [RM7.07], [RM79.01]. Prosecution — Enforcement order — Procedural — Interpretation Council v Rochford [2017] NZDC 8709 — Charges brought by council relating to alleged breaches of an enforcement order and use of a property in contravention of a district rule. Held, council had omitted to include the charge of permitting; to find defendant guilty involved speculation that defendant used the property for the purposes specified: [RM9.02], [RM338.02]. High Court — Charges — District council — Resource consent City Council v Ellis [2017] NZHC 784 — Appeal against the decision of the Environment Court to reduce the council’s charges, payable by respondent. Held, appeal by council dismissed, finding that the Environment Court made no error of law: [RM36AAA.01]. Procedural Blueskin Energy Ltd v City Council [2017] NZEnvC 57 — Application for confidentiality orders. Held, Court granted application: [RM42.02]. High Court — District plan change — Jurisdiction — Sustainable management Turners & Growers Horticulture Ltd v Far North District Council [2017] NZHC 764 — Appeal against the Environment Court decision relating to Plan Change 15 to the Far North District Plan. Held, s 74 specifically requires a territorial authority to change its district plan in accordance with its functions under s 31 and pt 2 of the Act: [RM74.01]. Resource consent — Water take and use — Regional plan — Effects Infinity Investment Group Holdings Ltd v Canterbury Regional Council [2017] NZEnvC 36 — Appeal against the decision by council to decline application for a water permit under the Waitaki Catchment Water Allocation Regional Plan. Held, decision by council to decline the application was upheld: [RM104.03(7)]. Declaration — Regional plan — Regional policy statement — Regional rule — Resource consent — Conditions — Council procedures — Farming — Activity Wellington Fish and Game Council v Manawatu-Wanganui Regional Council [2017] NZEnvC 37 — Application for declarations that council had been failing to apply statutory requirements and provisions of the Manawatu-Wanganui Regional Policy Statement and Regional Plan. Held, declaration made that it would be unlawful to have regard to any purported fettering of the council’s ability to: freely consider the objectives, policies, rules and other requirements of any planning document set out in s 104(1)(b); decline an application for resource consent; and freely consider the appropriate duration and conditions of consent: [RM104.04(1)], [RM104C.01], [RM113.01] 22/8/17 Salmon Bulletin — 3

Resource consent — Interpretation — Dwelling — Declaration Hood v [2017] NZEnvC 42 — Application for declaration to the effect that applicants not bound by the position of a dwelling shown on a site plan which was attached to a consent order. Held, a resource consent is limited by the terms of the relevant application and there is no jurisdiction to grant a consent which extends beyond the original application’s ambit: [RM108.02]. Costs North Eastern Investments Ltd v [2017] NZEnvC 52 — Unsuccessful application for costs. Held, the Court does not welcome counsel who appear before the Court swearing an affidavit: [RM276.01].

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