Environmental and Resource Management Law
Service 59 is now available online.
This service includes updates to the chapters on the Sources of environmental law, the Resource Management Act 1991, Minerals and petroleum, Hazardous substances and contaminated land, New organisms and biosecurity, Heritage, and Climate change.
New Zealand Resource Management Appeals
Part 10 Volume 2022 is now available online.
Muaūpoko Tribal Authority Inc v Minister for the Environment — [2022] NZRMA 481
Sustainable management — Relationship of Māori with ancestral lands and water and other taonga — Kaitiakitanga — Treaty of Waitangi — National policy statements — Resource Management Act 1991, ss 5(2), 6(e), 7(a), 8, 44A, 45A(2), 46, 46A, 52, 85 and sch 1.
Te Mana o te Wai — Setting attribute states — Exemptions — Specified vegetable growing areas — National Policy Statement for Freshwater Management 2020, cl 3.3.
Parts 11 and 12 Volume 2022 are now available online.
Otago Regional Council v Royal Forest and Bird Protection Society of New Zealand Inc — [2022] NZRMA 565
Freshwater planning process — Resource Management Act 1991, s 80A.
Te Mana o te Wai — Integrated management — National Policy Statement for Freshwater Management 2020, cls 1.3 and 3.5.
Students for Climate Change Solutions Inc v Minister of Energy and Resources — [2022] NZRMA 612
Climate change — Judicial review — Decision to grant petroleum exploration permits — Failing to substantively consider climate change implications — Whether mandatory consideration — New Zealand’s climate change commitments — Effect of climate change considerations on exercise of discretionary powers under crown minerals legislation — Whether decision granting permits unreasonable — Failing to have proper regard to the principles of the Treaty of Waitangi — Consideration of potential impacts of climate change on Māori — Role of court in climate change judicial review — Climate Change Response Act 2002, ss 3, 5Q, 5ZN, 5ZO, 224, 225 and part 1B sub-part 1 — Climate Change Response (Zero Carbon) Amendment Act 2019 — Crown Minerals Act 1991, ss 1A, 1A(2), 2, 4, 19, 20, 22, 22(2), 23, 23A, 24, 24(1), 24(5A), 24(5A)(d), 25, 29A, 29A(2)(a)(ii), 29A(2)(d), 29A(3) and 29A(4) — Crown Minerals (Petroleum) Amendment Act 2018 — Kyoto Protocol, art 4 — Paris Agreement, art 2 — Te Tiriti o Waitangi/Treaty of Waitangi — United Nations Framework Convention on Climate Change, Annex I and art 4(2)(a).
Resource Management Bulletin
Volume 14 issue 6 is now available online.
In this issue, General Editor Dr Trevor Daya-Winterbottom looks at the environmental rule of law. Case comments on R (on the application of Friends of the Earth Ltd) v Secretary of State for Transport (Heathrow Airport Ltd, interested party) [2020] UKSC 52, Woolley v Fonterra Co-operative Group Ltd [2021] NZHC 2690, Kennedy Point Boatharbour Ltd v Barton [2022] NZHC 257, [2022] 2 NZLR 696 and Ellis v R [2022] NZSC 114 are included.
