Updates : Updates

Court of Appeal Decides King Salmon Does Not Apply to Resource Consent Applications

Introduction The keenly awaited decision of the Court of Appeal in RJ Davidson Family Trust v Marlborough District Council[1] was released this week. The decision is important because it resolves uncertainty arising from the Supreme Court decision in King Salmon[2] about whether recourse to Part...

A Council's Duty of Care for Known Hazards

Introduction Plaza Investments Ltd v Queenstown Lakes District Council is a High Court decision regarding a tree that fell in St Omer Park 2014 (the Park), causing extensive damage to a motel property located across the road. Justice Cull held that the Queenstown Lakes District Council (the...

Existing Use Rights and Plantation Forestry

Introduction Historically there has been considerable uncertainty about the extent to which existing use rights (EURs) under section 10 of the Resource Management Act (RMA) apply to planation forestry activities. The recent Environment Court decision of Mawhinney v Auckland Council [2018] NZEnvC...

Introduction to AML for clients

As of 1 July 2018, there are changes to the Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (the Act). These changes apply to lawyers and their clients. This update provides an overview of the changes to the Act and how they affect the way Adderley Head will work with new...

The National Environmental Standard for Plantation Forestry

This article was first published in the New Zealand Journal of Forestry and is republished with minor updates. Introduction The long awaited National Environmental Standards for Plantation Forestry (NESPF) was notified in the New Zealand Gazette on 3 August 2017. It has been heralded as a new...

Minister David Parker on Environment Policy Priorities

An Overview  Environment Minister David Parker delivered a speech last month outlining environment portfolio policy priorities for the next 12 months, in relation to improving freshwater quality, climate change and urban development. He also confirmed that a comprehensive review of the...

New Partner for Adderley Head

Adderley Head is delighted to announce that Juliette Derry will be joining us as a Partner from 1 November. Juliette is an internationally experienced environmental law specialist.  A University of Canterbury graduate, she left Christchurch for London in 1998 and moved to Sydney in 1999...

NES for Plantation Forestry

6 tips to help achieve compliance It is important to know what needs to be done in order to successfully implement the National Environmental Standards for Plantation Forestry within your organisation. It is not possible to specify a ‘one-size-fits-all’ approach to implementing the...

RMA Reform - Was it worth the wait?

A review of the Resource Legislation Amendment Act  After a drawn-out process, the Resource Legislation Amendment Act 2017 (RLAA) finally received royal assent on 18 April 2017. The purpose of the RLAA is to provide practical improvements to the New Zealand resource management scheme...

Solving the Housing Crisis - It's as easy as UDA

A Review of the Urban Development Authorities Proposal  Every week there is a headline highlighting the fact that New Zealand is in a housing crisis.  Prices are too high, there aren’t enough houses and salaries do not match the money required for a deposit to purchase a first...