Latest news with #ResourceManagementAct1991
Scoop
8 hours ago
- Politics
- Scoop
Supreme Court gives green light to riverbeds' inclusion in Māori customary marine title orders
The Supreme Court has found riverbeds can be included in Māori customary marine title orders, if other legal tests are met. That comes from the second part of the Court's judgement on claims to customary rights in the harbours, river mouths, beaches and seascape of the eastern Bay of Plenty. The first judgement released in December 2024 addressed the meaning of section 58 of the Marine and Coastal Area (Takutai Moana) Act 2011 (MACA), which sets out the test Māori groups must meet to have their customary rights recognised. It also overturned a previous Court of Appeal decision in 2023 which made it easier to gain customary title. This second judgement resolves the remaining seven issues on the seven separate appeals which were heard together. All this as the government forges ahead with plans to amend the law in question over fears that the 2023 Court of Appeal decision could have made it significantly easier for Māori iwi, hapū and whānau to have their customary rights over parts of the coastline recognised. Navigable rivers In this case one of the orders for customary title included the confluence of the Waiōweka and Ōtara rivers near Opōtiki. "Navigable river" in this case means a river of sufficient width and depth (whether at all times so or not) to be used for the purpose of navigation by boats, barges, punts, or rafts. The court accepted that the relevant portion of the rivers in question is navigable. The definition of "marine and coastal area" in MACA includes the beds of rivers that are part of the coastal marine area as that term is defined in the Resource Management Act 1991. The Attorney-General submitted that previous Acts of Parliament were intended to "vest the full beneficial ownership - akin to freehold title - in navigable riverbeds in the Crown." The court found that previous Acts were not sufficiently clear to extinguish customary rights or title to the beds of navigable rivers. The court concluded that "the beds of navigable rivers form part of the common marine and coastal area as defined in MACA, and recognition orders may extend to them". The court found the impact of these findings on the CMT claims in the Eastern Bay of Plenty, particularly in relation to the confluence of the Waiōweka and Ōtara rivers, can be dealt with by the High Court. Timeline October 2023, just days after the 2023 General Election, a Court of Appeal decision made granting customary marine title easier In November 2023, the coalition agreement between National and NZ First includes a commitment to overturn the Court of Appeal decision September 2024, the Waitangi Tribunal recommends the Crown halt its efforts to amend the Takutai Moana Act That same month the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill is introduced to Parliament December 2024, the first Supreme Court judgement overturns the Court of Appeal decision. The government hits pause on the amendment bill August 2025, the government presses ahead with the law change.
Scoop
25-07-2025
- Politics
- Scoop
EDS Submissions Highlight Serious Concerns Over Government's Resource Management Changes
The Environmental Defence Society (EDS) has today filed its very extensive submissions on the Government's review of national direction under the Resource Management Act 1991 (RMA). The proposals, which are spread across three packages of Infrastructure and Development, Primary Sector and Freshwater, present an overwhelming shift towards prioritising use and development at the expense of the natural environment. National direction is the 'engine room' of the RMA. Regional policy statements and regional and district plans must 'give effect' to it and decision-makers on resource consent applications must 'have regard' to it. It therefore has significant ramifications for resource management decision-making. 'Taken together, the changes set out pose a significant risk to indigenous biodiversity, freshwater, wetlands, elite soils and the coastal marine environment. They will result in more inappropriate and environmentally damaging activities occurring in New Zealand's most sensitive places,' says EDS Chief Operating Officer and lawyer, Shay Schlaepfer. 'The environment is not in a healthy state. Monitoring shows ongoing declines in freshwater quality, more threatened and at risk species, a reduction in food producing land, continued loss of remaining wetlands and a marine environment under threat. 'The proposals are wilfully ignorant of that context. They are being pushed through under a 'growth at all costs' mentality that will result in more pollution for longer and more destruction of nature. This is not what the RMA provides for. 'EDS's key concerns with the proposals are: 1. Forestry review too narrow: The proposed changes fail to address systemic issues with forestry regulations which are resulting in extensive and damaging slash and sedimentation mobilisation events with corresponding devastating impacts on receiving environments and communities. 2. Infrastructure proposal lacks environmental considerations: The Government's expansive vision for infrastructure and development comes with no corresponding focus on protecting the natural environment. 3. Increased mining and quarrying in sensitive areas: The proposed changes will facilitate more mining and quarrying activities, directly threatening New Zealand's indigenous biodiversity, vulnerable wetlands and highly productive land. 4. Freshwater management at risk: The proposed changes would unwind decades of freshwater management progress, undermining hard-won legal protections in favour of short-term economic interests. 5. Natural hazards not taken seriously: A gaping hole in the proposals is any regulation to stop building in high hazards areas. If New Zealand is to get real about climate adaptation it needs to prioritise not making the situation worse in the first place. 'The review of national direction is being undertaken before replacement resource management laws are enacted in 'phase 3' of the Government's programme of RMA reform. Progressing substantial national direction review under a regime that is to be replaced, and then implementing those new instruments in a new regime which Ministers describe as being radically different, is a confusing, unstructured and backwards approach. 'This has been exacerbated by Minister Bishop's recent 'plan stop' announcement which has compounded uncertainty about how the package of national direction changes will be implemented. The Government needs to stop rushing and progress resource management reform on a more strategic, coherent footing. 'Most importantly, Government needs to acknowledge that economic growth and good environmental outcomes are both achievable. EDS's submissions propose changes to the policy settings which would bring the instruments into a more acceptable and lawful outcome,' concluded Ms Schlaepfer. Environmental Defence Society EDS speaks for the environment. It has influence. Since 1971, EDS has been driving environmental protection in Aotearoa New Zealand through law and policy change. That's why it's one of this country's most influential non- profit organisations when it comes to achieving better environmental outcomes. EDS has expertise in key disciplines including law, planning, landscape and science. It operates as a policy think-tank, a litigation advocate, and a collaborator – bringing together the private and public sectors for constructive engagement. EDS runs conferences and seminars on topical issues, including an annual Environmental Summit and the Climate Change and Business Conference. EDS is a registered charity and donations to it are tax-deductible.
Scoop
01-07-2025
- Scoop
Unsafe Church Building Results In Conviction
The Auckland District Court recently delivered a decisive ruling, finding the Samoan Congregational Christian Church of New Zealand Māngere Trust and its representative, Sean Palala, guilty on all charges in a long-running prosecution concerning the unlawful construction and use of a church and community centre at 59 McKenzie Road, Māngere. This verdict follows two separate prosecutions over recent years, culminating in 15 guilty verdicts across multiple breaches of the Building Act 2004 and Resource Management Act 1991. The court imposed a fine on the Samoan Congregational Christian Church of New Zealand Māngere Trust: • $20,000 for the initial offending (1 x breach of abatement and 1 x breach of notice to fix) • $36,700 for the further offending (4 x breach of enforcement order and 2 x breach of dangerous building notice) • Ordered to pay $25,300 reparation to Auckland Council for hoarding costs. Palala was convicted on all charges and sentenced to 400 hours community work and fined $7,000 for his offending. The case revolved around the unauthorised construction of the church and community centre without the necessary building and resource consents. Despite clear enforcement actions by Auckland Council, the Trust and Mr Palala repeatedly failed to comply with statutory notices, court orders and legal requirements. Guilty verdicts in two prosecutions In the initial prosecution, the Trust was found guilty of failing to comply with a Notice to Fix issued under the Building Act 2004 and failing to comply with an Abatement Notice issued under the Resource Management Act 1991. Mr Palala was also found guilty of failing to comply with a Notice to Fix. The notice required the removal of unauthorised building work or alternative measures to be taken to ensure compliance with the law. In the second prosecution, 12 additional charges were laid, including violations of an enforcement order issued by the Auckland District Court. The Court found the Trust had continued using the church building in direct contravention of the interim enforcement order prohibiting its use from 2 May 2023 onward. The Court determined that gatherings had continued on multiple occasions, despite a dangerous building notice also restricting access to the building. The Council's submissions At sentencing, Council's Head of Prosecutions, John Kang, told the Court the breaches of the Court's enforcement order were 'highly deliberate', having been committed while the defendants were awaiting sentence for the earlier offending. Kang further stated that, 'despite being personally warned by the Chief Environment Court Judge and served with the enforcement order on two separate occasions, Mr Palala went on to breach the interim enforcement order on at least four occasions. Furthermore, a copy of the dangerous building notice remained affixed to the front window by the main entrance to the church building throughout the entire duration of the offending.' The Judge's findings In delivering his decision, Judge Kirkpatrick found the prosecution's case had been proven beyond reasonable doubt. He stated: 'Having heard the evidence presented by the council and in the absence of any challenge to that evidence, I accept the submission of the prosecutor that the charges are proved beyond reasonable doubt. 'I find the Samoan Congregational Christian Church of New Zealand Māngere Trust and Sean Palala both guilty of the charges they face.' The Judge emphasised the repetition of offending by the defendants was a 'seriously aggravating factor' with no evidence that any steps had been taken either to fix or demolish the building. Significance of the case The case highlights the importance of compliance with the Building and Resource Management Acts to ensure public safety. The repeated breaches and continued use of an unsafe structure posed significant risks, reinforcing the need for enforcement actions against non-compliance. Auckland Council repeated its commitment to uphold the law and ensure all structures meet necessary safety and planning regulations. David Pawson, Field Operations Manager for Licensing and Compliance at Auckland Council said this verdict sends a strong message that ignoring enforcement orders and continuing to use unsafe buildings will not be tolerated. 'Compliance with building and resource consent laws is essential for the safety of our communities.' The council will continue monitoring compliance with legal requirements across Auckland to prevent similar breaches in the future.
Scoop
30-06-2025
- Business
- Scoop
Tasman Resource Management Plan Is Now Online
After 27 years in paper form, Resource Management Plan (TRMP) is now online. Whether at home, in the office, or out in the field, you can now access the plan anytime from anywhere. The move to publish the TRMP online is timely recognition of the plan's successful evolution and its mission to respond to environmental challenges and legislative mandates. Because Tasman is a unitary authority, the TRMP effectively replaces what would elsewhere be multiple separate plans—a district plan and a suite of regional plans—providing a unified framework for resource management and land use planning in the district. Transformation Integration of the district and regional plans was a key outcome from the Resource Management Act 1991 (RMA) which combined and updated the existing County and District Schemes (land use and subdivision), the Regional Coastal Plan (coastal marine area management) and Catchment Board plans into a single integrated document to streamline resource management. The unified planning framework that emerged from the 1991 RMA reforms has provided the foundation for managing one of New Zealand's most dynamic regional economies, where strategic resource management directly enables sustainable development. Since its establishment post-1991 RMA enactment the TRMP has matured into a sophisticated and integrated planning instrument that uniquely combines district and regional governance functions. Work is now underway that will replace the RMA with two new acts focused on property rights, development, and environmental protection, with legislation expected before the 2026 election. Beyond the election the TRMP is likely to remain as the operative planning document for the district for several years, during which a new national system will be developed and implemented. TRMP Integrated Planning Framework This infographic illustrates how Tasman's unitary authority status enables a more comprehensive approach to resource management than typical territorial authorities. Unlike separate district and regional plans, the TRMP consolidates these functions into a single integrated framework. Aspect District Planning (Typical Functions) Tasman Resource Management Plan (TRMP) Governing Body City or District Council (territorial authority) Tasman District Council (unitary authority) Scope Land use, subdivision, local infrastructure, bylaws Integrated district and regional resource management Coverage Local land use and development Local land use and development, Land, water, air, soil, coastal marine area Plan Documents District Plan Single combined plan (TRMP) Regulatory Focus Zoning, building consents, local services Sustainable management of natural and physical resources Integration Separate from regional council plans Combines district and regional functions Examples of Functions Urban growth, local roads, parks, community facilities Urban growth, local roads, parks, community facilities, Water quality, air quality, coastal management, hazards Economic Development The TRMP is Tasman's roadmap for managing our unique environment and enabler of sustainable economic growth. Tasman has a GDP of $3.06 billion and, according to recent census data, was one of the fastest growing regions in New Zealand, with a population and dwelling growth of 10.3% and 11% respectively between 2018 and 2023. Richmond, as an example of our growth dynamics, has a population projected to increase from about 17,400 in 2024 to 23,270 by 2054. This growth reflects a strong recent annual rate of around 3.3%, making Richmond the fastest-growing urban area in the region. Housing demand is expected to require 1,152 new dwellings between 2024 and 2034, and an additional 2,156 dwellings from 2034 to 2054. Our regional economic strategy, including the Nelson Tasman Future Development Strategy, which the TRMP supports through land use and infrastructure planning, aims to accommodate significant housing growth and infrastructure investment to sustain this economic expansion. The TRMP is a strategic approach to sustainable resource management, systematically addressing the district's complex environmental challenges through regular updates that encompass urban development pressures, natural hazard mitigation, freshwater ecosystem protection. Current updates will include further freshwater protections, landscape conservation, and coastal zone management. Effective Regional Coordination Regional councils play a vital role in managing environmental resources, natural hazards, and infrastructure that support community wellbeing and economic growth. The coordination that unitary councils provide for land and water management, hazard mitigation, and infrastructure resilience results in streamlined and coherent management of land use, water, coastal areas, and environmental protection. All of which supports community wellbeing and economic growth. The TRMP story fits squarely within this work and proves how regional-scale planning and policy development enable coordinated growth, hazard resilience, and resource protection, aligning local actions with national infrastructure priorities.
Otago Daily Times
28-06-2025
- Business
- Otago Daily Times
No plans for new 5G towers, providers say
Opponents of controversial 5G telecommunications technology can relax slightly, after it was revealed none of the main mobile providers have plans to build new cell towers in Oamaru. The Oamaru Mail was recently contacted by a concerned Kakanui resident after they saw workers connected to a mobile infrastructure group, but all providers contacted by the Mail have stated they have no plans for new towers. National company FortySouth, which owns the cellular structure network operated by OneNZ, told the Mail it had no immediate plans for new 5G cell towers in Oamaru. A spokesperson for 2degrees also confirmed it had no plans for new 5G towers anywhere in the district. "We constantly review and prioritise our coverage investment based on customer needs and demand. "There are two 2degrees sites with 5G enabled in Oamaru, one central, one on the south edge. "We don't currently have plans for additional 5G sites, but we have plans to upgrade the RAN equipment at a couple of other nearby sites to provide enhanced 4G service." A spokesperson for Spark said it had recently upgraded one 5G cell site serving Kakanui and the surrounding area but was not planning to build new towers. "For Oamaru and North Otago, the 5G rollout is still in progress with some sites still to be upgraded — this means existing cell towers will have 5G technology added to them rather than new towers built." A spokesperson for the Waitaki District Council said the council had "no knowledge" of any providers with plans for 5G towers in Kakanui or anywhere else at the time. At present, councils have limited control on where 5G cell towers are erected if National Environmental Standards for Telecommunication Facilities (NESTF) are met, as the activity is classed as permitted. On private land, installation requires only the landowner's agreement, bypassing public notification completely. The NESTF, part of the Resource Management Act 1991 framework, allow companies to install low-impact telecommunications infrastructure, including 5G cell towers, as long as they adhere to local district plan rules. The government is consulting on changes to the national policy statement for infrastructure. "The current environmental standards around telecommunication facilities were drafted in 2016 and are now very out of date. "Changes to the standards will update rules around poles and other infrastructure and create a more efficient consenting environment," Infrastructure Minister Chris Bishop said. That consultation ended today. While not mentioning cell towers specifically, the consultation document states one of the intended results is to provide "greater certainty, particularly in growing cities, that infrastructure services can continue to be provided or as planned, and that housing and other development can also occur in a compatible way".
