Sidwell v Thames-Coromandel District Council [2020] NZEnvC 124
The Environment Court has recently considered an application for a declaration seeking confirmation that a Council may use its power under section 37 of the RMA to waive and extend the time limits expressed under section 125 of the RMA for the lapse date of resource consents.
Trilane Industries Ltd v Queenstown Lakes District Council [2020] NZHC 1647
The High Court has recently confirmed that a consent authority cannot ignore temporary effects in undertaking its notification assessment on the grounds those effects will be ameliorated in a relatively short timeframe having regard to the life span of the proposed activity. This is in circumstances where the Council essentially bundled its assessment of temporary adverse effects with eventual mitigation of those effects, to reach the view that effects on landscape and amenity were minor. In taking this approach, the Court held that the Council erred in law.
In Waikato Regional Council v Matamata-Piako District Council [2020] NZDC 7135 Judge Harland has issued a warning to territorial authorities about the likelihood increased fines for future unlawful discharges. She also sets out several proactive management measures that territorial authorities should be undertaking in respect of their infrastructure.
When times are filled with uncertainty, planning becomes both more critical and more difficult. We should spare a thought for those who are charged with guiding local authorities through the current planning round from their home offices.
While it is tempting to dial down the energy a little in this time of enforced lock-down, it may be that exactly the opposite is needed.
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