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New fast track process for consents and designations

Cabinet has now approved an initiative to fast-track approval of resource consents for large-scale infrastructure and development projects. The change is designed as a short-term intervention to help with the economic recovery from Covid-19. In this article we discuss the key features of the streamlined process.

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Co-ownership – it was the best of times and the worst of times

Purchasing a property with other people requires careful consideration and completing a property sharing agreement when you purchase a property can minimise problems in the future. Parties are often on the best of terms initially, but with any shared ownership, disputes can occur later. Completing a property sharing agreement where all owners record their expectations in relation to ownership and use of the property can be invaluable.

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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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Getting disclosure of relationship property after separation

Often the biggest hurdle in resolving relationship property matters after a separation is getting disclosure of the assets and liabilities. If your partner is not providing you with disclosure, you can seek discovery orders from the Court before substantive proceedings are commenced.

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Are you a Motor Vehicle Trader?

You may not realise it, but you may be an unlicensed motor vehicle trader. A recent Court of Appeal decision[1] makes it clear that a person or company will need to register as a motor vehicle trader under the Motor Vehicle Sales Act 2003 if that person or company sells more than six motor vehicles in any 12 month period, unless it can prove that those motor vehicles were not sold for the primary purpose of “gain”.

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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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