This month there have been two major developments associated with the Fast-track Approvals Bill: selection of projects for listing in Schedule 2 of the Bill; and publication of the Environment Committee’s recommendations on the draft Bill. In this article, we unpack these developments.
Fast-track change of direction
Ministers Bishop and Jones recently announced changes to the Fast-track Approvals Bill. The announcement includes a range of changes, with the key change being to remove ultimate decision-making by ministers. Instead, final decisions on projects will sit with the expert panel (as is the case for the current COVID-19 recovery fast-track consenting process).
RMA reforms: Phase Two (…déjà vu?)
The Government has announced it is to progress its Phase Two RMA reforms later this year. The Phase Two reforms aim to improve economic growth and productivity. There will be four reform packages covering infrastructure and energy; housing; farming and the primary sector; and emergencies and natural hazards.
Going for gold: new ‘Going for Housing Growth’ Policy
The Government has recently unveiled its agenda to “fix the housing crisis”, with the announcement of its ‘Going for Housing Growth’ Policy. The Policy seeks to address fundamental problems causing the housing crisis, by taking steps to make it easier to grow up and out.
East West Link goes south
The Supreme Court recently released its much-anticipated decision on the East West Link project (“EWL”) – the proposal by NZ Transport Agency Waka Kotahi for a new arterial road connecting SH20 at Onehunga with SH1 at Penrose/Mt Wellington.
ON THE (EVEN FASTER) TRACK: GOVERNMENT INTRODUCES FAST-TRACK APPROVALS BILL
The Fast-Track Approvals Bill has been introduced to Parliament. Forming part of the coalition Government’s 100-day plan, the Bill seeks to enable a fast-track decision-making process for infrastructure and development projects with significant regional or national benefits.
The RMA - return of the walking dead
The new government has committed to repealing the NBEA and SPA by Christmas, temporarily reinstating an amended version of the RMA. For the foreseeable future it will therefore be back to the RMA, which was broadly panned by all major political parties… But not for long. The RMA’s resuscitation will be short-lived, with the government promising to deliver a wider package of resource management reform.
Tsunami of Recent National Direction Continues with release of Proposed NPS for Natural Hazard Decision-making
The mosaic of national policy statements is set to increase further with the release of the proposed National Policy Statement for Natural Hazard Decision-making (“NPS-NHD”). The NPS-NHD is the first of two stages in a phased work programme aimed at improving the management of natural hazard risks. The second stage involves comprehensive National Direction for National Hazards.
THE EMPIRE STRIKES BACK: SUPREME COURT RESTORES BALANCE TO INTERPRETING DIRECTIVE POLICIES
The Supreme Court recently issued its judgment in Port Otago Ltd v Environmental Defence Society Inc. The decision builds on recent High Court discussion of the relative weighting of directive plan provisions. In broad terms, the decision concludes:
that the directive enabling ports policy in the NZCPS (Policy 9) should be considered alongside the NZCPS avoidance policies (Policies 11, 13, 15, and 16, requiring certain adverse effects of activities to be avoided); and
that where there is conflict between those enabling and avoidance policies, it may be appropriate for a project to proceed, where the project is required to ensure the safe and efficient operation of ports.
RM reforms a reality
The Natural and Built Environment Act (“NBEA”) and Spatial Planning Act (“SPA”) received Royal Assent on 23 August 2023, formally passing them into law. This marks the end of an intensive and controversial legislative process, and the beginning of the Acts as reality – requiring all system users to grapple with their implementation.
RM REFORM: TAKEAWAYS FROM THE SELECT COMMITTEE REPORTS
The Environment Select Committee has released its reports on the Natural and Built Environment Bill (“NBE Bill”) and the Spatial Planning Bill. While plenty will be said about the detail of the Bills in the coming period, in this article we set out our high-level observations on the Select Committee’s recommendations.
Avoid vs Enable – The High Court provides some welcome balance
A case summary of the High Court’s decision in Southern Cross Healthcare Ltd v Eden Epsom Residential Protection Society Inc [2023] NZHC 948 which considered an appeal relating to a request by Southern Cross Healthcare Ltd (“Southern Cross”) for a private plan change to the Auckland Unitary Plan. The High Court’s decision has several important implications.
RM reform: recap
Select Committee hearings on the Natural and Built Environment Bill and Spatial Planning Bill have now finished, and the Government is pushing ahead with enacting the legislation to transform the way we manage the environment. This article briefly recaps where things are at, and where they are heading.
RMA reform is here
On 15 November 2022, key legislation spearheading the government’s long-awaited resource management system reform was introduced to Parliament.
New NPS for Highly Productive Land
The government has released its long-awaited National Policy Statement for Highly Productive Land (“NPS-HPL”). From 17 October 2022 the NPS-HPL will impose important controls on the development of highly productive land.
GOVERNMENT CONSULTS ON NATIONAL DIRECTION UNDER THE RMA
The Government has recently consulted on two national direction instruments under the RMA, being the Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (NES-F) and the proposed National Policy Statement for Indigenous Biodiversity (NPS-IB). In both cases, we anticipate seeing some policy change in late 2022.
ChanceryGreen announces new partner
The ChanceryGreen partners are delighted to welcome Steve Mutch into the partnership from 1 April 2022.
Balancing is back in vogue
A summary of Royal Forest and Bird Protection Society of NZ Inc v New Zealand Transport Agency [2021] NZHC 390.
RMA OVERHAUL: THE PROPOSED REFORMS
The Government has recently confirmed its plans for a comprehensive overhaul of the resource management system, representing the biggest shake-up in environmental law in a generation. This article summarises the reasons for the reforms, what is proposed, and the likely timeframes.
ChanceryGreen again recognised as leading NZ firm by Legal 500
ChanceryGreen has consistently been recognised as a leading firm in its specialist area, having extensive in-depth knowledge and experience across a range of sectors and delivering results for its clients. In the 2021 Legal 500 rankings, ChanceryGreen is again recognised as a leading firm in the ‘Projects and Resource Management (including Environment)’ category.