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Tiny house project – Will yours pass muster?

  • 3 June 2020
Before you start on your tiny house project it is important to understand what a tiny house is and whether your tiny house will pass muster. This article discusses the two recent decisions about tiny houses in New Zealand and explains what factors you need to consider before you start your tiny house project.
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Implications of Waikato Regional Plan Change 1

  • 26 May 2020
Further to our first article in this series which provided an overview of the Waikato Regional Plan Change 1, this second article expands on the PC1 rules and explains how they are likely to impact on farming activities around the region.
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Are you ready for Waikato Regional Plan Change 1?

  • 22 May 2020
As you may know that on 22 April, Waikato Regional Council has notified its decision on the Proposed Waikato Regional Plan Change 1 for the Waikato and Waipa River Catchments. The article below provides an overview about the Plan Change 1, new rules and its effect on farming activities.
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New fast track process for consents and designations

  • 5 May 2020
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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Be aware of “Avoidance Policies” when developing in coastal area

  • 20 December 2019
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

  • 16 October 2019
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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Pōhutukawa punishment includes prison…

  • 20 June 2018
The Court of Appeal recently upheld a custodial sentence (prison) issued by the lower court for environmental breaches. The case explored the actions of a developer and his systemic disregard for the protection measures provided for pōhutukawa and tōtara trees in the Operative Auckland District Plan and Unitary Plan.
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Be Proactive! – Influence Local Government Changes

  • 18 May 2018
Changes to regional and district plan rules can impact all aspects of our daily lives including our working environment. Rural landowners need to be particularly aware of the potential for district and regional plan controls on their farming activities and should not rely on existing use rights to protect those activities. By combining into interest groups and incorporated societies, landowner groups can fully participate in plan change processes as a means of protecting their businesses against unnecessary or unreasonable compliance costs.
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Influencing the development of district plans

  • 7 October 2015
Participating in a council’s district plan development process is the only way to influence outcomes and need not be expensive. This article outlines the process councils go through when reviewing district plans and comments on the useful role court-assisted mediation plays in securing beneficial changes once appeals have been filed.
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