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29 November 20232 minute read

Public Decision Makers newsletter – November 2023

This newsletter summarises recent developments in law relating to resource management and local government in Aotearoa New Zealand that may be of interest to local authorities and decision makers.

In this edition, we:

  • Provide an overview of the implementation and timeframes to be aware of post-royal assent of the Natural and Built Environment Act 2023 and Spatial Planning Act 2023.
  • Analyse the recent Port Otago Limited Supreme Court decision which provides new guidance on the interpretation of directive planning provisions.
  • Review a decision about an application for leave to appeal to the Supreme Court in a land subdivision case, involving the issue of kaitiakitanga and rural amenity values.
  • Discuss the new National Policy Statement for Indigenous Biodiversity 2023 and the National Policy Statement and National Environment Standards for Greenhouse Gas Emissions from Industrial Process.
  • Summarise a High Court decision about an appeal involving a resource consent application declined under the Covid-19 Recovery (Fast Track Consenting) Act 2020.
  • Review a High Court judicial review decision which provides useful comment on councils’ obligations to consult.
  • Provide an analysis of recent decisions concerning prosecutions for environmental offending.
  • Provide an update on recent legislation, including the Climate Change Response (Late Payment Penalties and Industrial Allocation) Amendment Act 2023 and changes to various water services legislation.