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1 month ago | 
lexology.com | Sally Mckechnie |Mike Wakefield |Matt Conway |Sarah Mitchell |Hamish Harwood |Sarah Scott
On Monday, the High Court upended years of the Department of Conservation’s (DoC) practice in relation to the granting of permits which authorised ‘killing’ under the Wildlife Act 1953 (Act) in Environmental Law Initiative v Director-General of the Department of Conservation & Ors.[1] Litigation Partner, Sally McKechnie spoke to Stuff’s political editor yesterday about the wide-reaching ramifications of this decision and why it’s a cloud hanging over the government’s Infrastructure Investment...
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1 month ago | 
lexology.com | Sally Mckechnie |Nick Chapman |Tim Bremner |Matt Conway |Mike Wakefield
Pressure groups are increasingly using judicial review and the courts as a vehicle for policy changes. In recent months, the Environmental Law Initiative (ELI) have won six cases in relation to the marine, freshwater and biodiversity decision makers.
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Oct 21, 2024 | 
lexology.com | Hamish Harwood |Sally Mckechnie |Bill Loutit |Matt Conway |Mike Wakefield |Padraig McNamara | +4 more
The Fast Track Approvals Bill (the FTAB) has emerged from the Environment Select Committee with wholesale changes throughout. Some of the main changes have already been foreshadowed, others not. A selection of the key changes are summarised and discussed below. We will provide more detailed analysis of the FTAB in the coming weeks that will be posted on our Fast-track resource centre which is available here.
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Oct 15, 2024 | 
lexology.com | Greg Allen |Bill Loutit |Donna Hurley |Graeme Palmer |Hamish Harwood |Judith Cheyne | +11 more
The recent release of the report arising from the Finance and Expenditure Committee’s Inquiry into Climate Adaptation (Adaptation Report) provides some welcome direction for the future management of the impacts of climate change on buildings and land.
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Jul 11, 2024 | 
lexology.com | Helen Smith |Mike Wakefield |Hamish Harwood |Jonathan Nicolle |Judith Cheyne |Sam Hider
Building and Construction Minister Hon Chris Penk wants to make remote building inspections the default. In this article we consider the promises (and potential pitfalls) of the proposal. Earlier this week the Government announced plans to streamline aspects of the building consent process and reduce construction costs, by requiring building consent authorities (most of whom are councils) to adopt the use of remote inspection technology. What would this look like?
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Jul 8, 2024 | 
lexology.com | Donna Hurley |Nick Wilson |Nicky Hall |Michael Wood |Mike Wakefield |Hamish Harwood | +1 more
After over thirty-five years of no significant amendment, Minister for Land Information Chris Penk has initiated a targeted review of the Public Works Act 1981 (PWA). In line with the Government’s commitments, the review seeks to facilitate the delivery of critical infrastructure projects to rebuild our economy and promote New Zealand’s growth and prosperity.
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Jun 20, 2024 | 
lexology.com | Donna Hurley |Hamish Harwood |Michael Wood |Mike Wakefield |Nick Wilson |Nicky Hall | +2 more
The Public Works Act 1981 (PWA) gives the Crown and local authorities the power to acquire land from private landowners for public works, such as roads, schools and railways. The PWA sets out the process that must be followed to ensure that the rights of private landowners are protected. However, the PWA can at times be a hindrance resulting in a protracted acquisition which is undesirable for all involved.
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May 7, 2024 | 
lexology.com | Edward Norman |Josh Cairns |Mike Wakefield |Padraig McNamara |Jonathan Salter |Katie Daly
Local government shoulders a significant burden in the provision of infrastructure in New Zealand. As attention on the national infrastructure deficit in New Zealand grows, so too does the discussion as to whether the current local government funding and financing model will be able to support the growing national infrastructure pipeline.
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Apr 15, 2024 | 
lexology.com | Gerald Lanning |Bill Loutit |Matt Conway |Mike Wakefield |Sarah Mitchell |Sarah Scott | +1 more
The Supreme Court decision in Royal Forest and Bird Protection Society of New Zealand Inc v New Zealand Transport Agency, released at the end of last week, found that the Board of Inquiry (BOI) misinterpreted the relevant RMA provisions when granting consent to the East-West Link (EWL) project, and that the High Court erred in dismissing appeals against the BOI’s decision.
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Apr 11, 2024 | 
lexology.com | Sally Mckechnie |Hamish Harwood |Bill Loutit |Matt Conway |Mike Wakefield |Sarah Scott | +1 more
Much has been written about the Fast-track Approvals Bill since it was released a few weeks ago and much of the commentary has focused on resource consents and the intended “Fast Track” elements of the Bill. This update puts the focus on the “one-stop” shop process created by the Bill, which is intended to lead to better coordination and timely decisions for various Crown permits and approvals (alongside the RMA processes).
