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Be aware of “Avoidance Policies” when developing in coastal area

When interpreting “Avoidance Policies” in the National Coastal Policy Statement (the NZCPS), the courts are adopting a strict approach that requires absolute avoidance of adverse effects on the values protected. That approach could significantly limit the ability to obtain a resource consent for any activities on and around New Zealand’s coastal area where “Avoidance Policies” are triggered. It could also apply to other resource management areas.

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Too hot to handle! Strict liability and the RMA

A farmer was fined $14,400 plus costs for allowing waste product to be burnt on his farm. This provides a timely reminder to landowners to ensure that they understand what activities are taking place on their land and to ensure that these are being carried out in a lawful manner.

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Hamilton office

Level 8, KPMG Centre
85 Alexandra Street
Hamilton 3204
Private Bag 3077
Hamilton 3240
New Zealand
DX GP 20015

+64 7 838 2399

Cambridge office

57 Queen Street
PO Box 3
Cambridge 3450
New Zealand
DX GA 27516

+64 7 827 5111

Paeroa office

2 Queen Street
Paeroa 3600
Private Bag 3077
Hamilton 3240
New Zealand

+64 7 862 8803

Matamata office

2 Arawa Street
Cooper Aitken Building
Matamata 3400
Private Bag 3077
Hamilton 3240
New Zealand

+64 7 838 2399
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