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.
The Resource Management Amendment Bill was introduced in September 2019 and we reported on it here. The Bill includes revisiting restrictions on public notification and appeals, reinstating financial contributions and adding a new specialised process for freshwater decision-making.
The Prime Minister has given instructions and we have obeyed. The country is in lock-down with a raft of personal restrictions and new measures in place, but where does the power to do this come from?
Many, if not all, local authorities have hastily put in place measures to authorise Council business to be undertaken by an emergency committee or the Chief Executive during the Covid-19 lock-down. However, there are some matters that cannot be delegated, as set out in clause 32(1) Schedule 7 of the Local Government Act 2002. These include important decisions coming up in the next couple of months such as the need to adopt an Annual Plan and make a rate before 30 June 2020.
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