| April 2010 / Newsletter Archives Autumn is upon us... Autumn is upon us as we circulate our first newsletter for 2010. The shifting of the seasons seems an appropriate time to bring you up to date with recent developments in environmental and local government law. The government has been particularly busy preparing for legislative change. Environment Canterbury has been replaced, the Foreshore and Seabed Act faces repeal and reports on potential changes to water, infrastructure and urban planning are imminent. Spare a thought for the reams of paper that will be expended reviewing and making submissions on the new legislation. At least one thing is certain. It's nearly time to dust off your skis, even if it's only a poor excuse to drink outrageous quantities of mulled wine. Update on potential changes to water allocation under the RMA | top Water allocation continues to be a contentious problem for regional councils under the Resource Management Act. NSEL has been busy advising clients on water allocation issues throughout New Zealand. NSEL director, Robert Makgill recently had an article published in the Lincoln Planning Review that is based on some of the issues he has advised clients on over the last 12 months. For a full copy of the article click on the following link: Makgill, R. - A New Start for Fresh Water: Allocation and Property Rights, 2010 Lincoln Planning Review 2(1): 5-10. The article makes the following key points:
If you have any questions concerning water allocation please contact Robert Makgill. New Environment Canterbury Act removes public's participation rights | top Parliament passed the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act on Wednesday 31 March 2010 in response to the Creech Report's critical review of Environment Canterbury (ECAN). The Creech Report was especially critical of ECAN's lack of a proper water allocation plan, increasing problems with water quality and the failure to progress opportunities for water storage. The Creech Report has itself in turn been criticised for failing to acknowledge the scale of the water problem faced by ECAN, and for blaming the council for the lack of statutory direction for water allocation under the Resource Management Act (RMA). The latter is currently under review as part of the Phase II RMA Reforms (see article on Update on potential changes to water allocation under the RMA). Despite this criticism the government determined that intervention was required. The Act therefore removes the 14 existing ECAN councillors and replaces them with up to 7 government appointed commissioners. These commissioners are given special powers to deal with water management in Canterbury until the 2013 local body elections (suspending elected representation in the interim period). Former public service chief executive Dame Margaret Bazley has been appointed to lead the commission. The Act includes provision for the following measures to address water management in Canterbury:
In summary, the new Act introduces significant changes to water related matters in Canterbury and has an immediate impact on anyone who has made an application for a water take or a submission on the PNRRP. If you have any questions concerning the Environment Canterbury Act please contact Robert Makgill. Anyone up for a Discount? | top The reforms made to the Resource Management Act in 2009 provide for regulations requiring local authorities to provide a discount on administrative charges when they fail to process an application for resource consent within the statutory timeframes, and the local authority is responsible for the processing delay. The Ministry for the Environment released an issues and options paper which identifies options around the development of the discount regulations. The issues that have been identified and the options for addressing these are: Issue 1: Method of calculating a discount Options - The Ministry prefers a sliding scale percentage discount but is also considering a fixed percentage discount and a formula discount. Issue 2: Value of discount Options - The Ministry prefers a sliding scale percentage discount on a daily basis up to 80% for 60 working days or more. Under this option the percentage discount proposed to be applied to each of the first five days is 5%. This is followed by a weekly discount of 5% up to 80%. Issue 3: How is local authority 'fault' determined Options - The Ministry prefers to provide an explanation of what constitutes 'fault' for a delay within the regulations. The other options are to leave 'fault' to the discretion of councils to determine or to allow applicants and councils to discuss and agree 'fault'. Issue 4: Identifying the timeframes after which a discount applies Options - The Ministry prefers the relevant timeframe to be the sum of all timeframes that make up the consenting process. The other option would be to require each individual timeframe to be subject to a discount. The Resource Management Act provides that the regulations need to be recommended to the Governor-General by 1 July 2010. If you would like more information on the proposed discounts please contact Katia Fraser or Robert Makgill. Phase II - RMA | top Two new technical advisory groups (TAG) have been announced to support Phase II of the RMA reforms. The two groups are the Urban TAG and the Infrastructure TAG. The two groups respectively have reporting dates of 31 March 2010 and 30 June 2010 respectively. The Urban TAG is reviewing proposals for the reform of urban planning and design mechanisms. The group will look at the merits of urban planning and design tools such as urban design panels, metropolitan urban limits, financing and funding mechanisms for infrastructure and spatial and structure plans. The group will also be considering the integration of planning statutes and planning mechanisms (specifically the RMA, Local Government Act and Land Transport Management Act). The scope of the Infrastructure TAG's investigations will include:
If you would like to discuss making submissions to either of these groups please contact Katia Fraser. Foreshore and Seabed | top The government has released a report entitled Reviewing the Foreshore and Seabed Act 2004. This is a consultation document setting out options for potential replacement of the Act and outlining the government's proposal. The government proposes:
The document seeks public submissions on the government proposals. Submissions close on 30 April 2010. If you would like to make a submission on this document please contact Robert Makgill. Official Information | top Complaints about the official information regime are received from those who seek information as well as those who are subject to it. The Law Commission is currently looking at a review of the Official Information Act 1982 and the Local Government Official Information and Meetings Act 1987 to ensure that both pieces of legislation are effective and accessible. In the first half of 2010 the Commission will publish an issues paper which will present options for improving the law and practice of the two pieces of legislation. Anyone who has sought information from public agencies in the past (such as a Council) will be aware of the inconsistencies in how agencies manage and respond to requests for information, and that requests for certain types of information are generally withheld. A review of the legislation will provide an opportunity for such issues to be recognised and addressed. Once the Law Commission has identified the issues that are of concern and need to be addressed it will invite public submissions on options for reform. Heritage | top The Ministry for Culture and Heritage is currently reviewing the Historic Places Act. This will mean that there will be changes to the way the New Zealand Historic Places Trust operates as a Crown Entity, as well as archaeological consenting processes. It is likely that any changes will ensure that the focus of the Trust is on its regulatory role while allowing for better advocacy in local communities. Policy work on the Act is expected to be completed shortly, with a Bill being introduced mid-year. Assessing and Managing Contaminants in Soil | top The Ministry for the Environment has notified a Proposed National Environment Environmental Standard for Assessing and Managing Contaminants in Soils (NES), with submissions closing on 19 April 2010. The NES sets standards at which land is considered safe for human health, and ensures that land affected by contaminants in soil is appropriately identified and assessed, and if necessary remediated. The NES will assist councils in dealing with contaminated sites. It will require all territorial authorities to give effect to and enforce its requirements and will only impact on new decisions and resource consents. NSEL director travels to Paris to speak at a United Nations Global Oceans Conference | top Robert Makgill has been assisting a number of clients with proposals to undertake activities in the territorial sea and Exclusive Economic Zone of New Zealand and other countries. His client's proposals commonly involve such things as ocean governance, mining, energy and natural resources. Robert has been invited to speak at the UNESCO Global Forum on Oceans, Coasts and Islands, which will be held in Paris between 3 and 7 May 2010. He will present a paper on integrated coastal management in New Zealand and its potential to provide a model for coastal management in other developed western countries. Robert's paper is entitled Integrated Coastal Zone Management under the Resource Management Act 1991. Appointments | top Robert Makgill has recently been appointed as:
To read earlier news from NSEL please visit our archives |
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