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Resource Consent
A resource consent is the authorisation given to certain activities or uses of natural and physical resources required under the New Zealand Resource Management Act (the "RMA"). Some activities may either be specifically authorised by the RMA or be permitted activities authorised by rules in plans. Any activities that are not permitted by the RMA, or by a rule in a plan, require a resource consent before they are carried out. Definition and nature The term "resource consent" is defined as; * a permit to carry out an activity that would otherwise contravene a rule in a city or district plan. * a permission required for an activity that might affect the environment, and that isn't allowed 'as of right' in the district or regional plan. A resource consent, once granted to an applicant, is neither real nor personal property. Therefore, resource consents cannot be 'owned'; they are 'held' by 'consent holders'. Types A resource consent means any of the following: * land use consent ( ...
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Resource Management Act 1991
The Resource Management Act (RMA) passed in 1991 in New Zealand is a significant, and at times, controversial Act of Parliament. The RMA promotes the sustainable management of natural and physical resources such as land, air and water. New Zealand's Ministry for the Environment describes the RMA as New Zealand's principal legislation for environmental management. The RMA and the decisions made under it by district and regional councils and in courts affect both individuals and businesses in large numbers, and often in very tangible ways. The Act has variously been attacked for being ineffective in managing adverse environmental effects, or overly time-consuming and expensive and concerned with bureaucratic restrictions on legitimate economic activities. In February 2021, the Government confirmed that the RMA is to be replaced by three separate acts. These will be the Natural and Built Environment Bill (NBA), the Strategic Planning Bill (SPA), and the Climate Change Adaptat ...
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Land Use Planning
Land use planning is the process of regulating the use of land by a central authority. Usually, this is done to promote more desirable social and environmental outcomes as well as a more efficient use of resources. More specifically, the goals of modern land use planning often include environmental conservation, restraint of urban sprawl, minimization of transport costs, prevention of land use conflicts, and a reduction in exposure to pollutants. In the pursuit of these goals, planners assume that regulating the use of land will change the patterns of human behavior, and that these changes are beneficial. The first assumption, that regulating land use changes the patterns of human behavior is widely accepted. However, the second assumption - that these changes are beneficial - is contested, and depends on the location and regulations being discussed. In urban planning, land use planning seeks to order and regulate land use in an efficient and ethical way, thus preventing land ...
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Subdivision (land)
Subdivisions are the act of dividing land into pieces that are easier to sell or otherwise develop, usually via a plat. The former single piece as a whole is then known as a subdivision. Subdivisions may be simple, involving only a single seller and buyer, or complex, involving large tracts of land divided into many smaller parcels. If it is used for housing it is typically known as a ''housing subdivision'' or ''housing development,'' although some developers tend to call these areas communities. Subdivisions may also be for the purpose of commercial or industrial development, and the results vary from retail shopping malls with independently owned ''out parcels'' to industrial parks. United States History In the United States, the creation of a subdivision was often the first step toward the creation of a new incorporated township or city. Contemporary notions of subdivisions rely on the Lot and Block survey system, which became widely used in the 19th century as a means ...
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Regions Of New Zealand
New Zealand is divided into sixteen regions () for local government in New Zealand, local government purposes. Eleven are administered by regional councils (the top tier of local government), and five are administered by Unitary authority#New Zealand, unitary authorities, which are territorial authorities of New Zealand, territorial authorities (the second tier of local government) that also perform the functions of regional councils. The Chatham Islands#Government, Chatham Islands Council is not a region but is similar to a unitary authority, authorised under its own legislation. Current regions History and statutory basis The regional councils are listed in Part 1 of Schedule 2 of the Local Government Act 2002 (New Zealand), Local Government Act 2002, along with reference to the ''New Zealand Gazette, Gazette'' notices that established them in 1989. The Act requires regional councils to promote sustainable developmentthe social, economic, environmental and cultural well-bei ...
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Territorial Authorities Of New Zealand
Territorial authorities are the second tier of local government in New Zealand, below regional councils. There are 67 territorial authorities: 13 city councils, 53 district councils and the Chatham Islands Council. District councils serve a combination of rural and urban communities, while city councils administer the larger urban areas.City councils serve a population of more than 50,000 in a predominantly urban area. Five territorial authorities (Auckland, Nelson, Gisborne, Tasman and Marlborough) also perform the functions of a regional council and thus are unitary authorities. The Chatham Islands Council is a '' sui generis'' territorial authority that is similar to a unitary authority. Territorial authority districts are not subdivisions of regions, and some of them fall within more than one region. Regional council areas are based on water catchment areas, whereas territorial authorities are based on community of interest and road access. Regional councils are respons ...
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Environment Court
The Environment Court of New Zealand ( mi, Te Kōti Taiao o Aotearoa) is a specialist court for plans, resource consents and environmental issues. It mainly deals with issues arising under the Resource Management Act, meaning that it covers a wide range of potential future effects of planning applications, which can include such areas as traffic congestion, noise/pollution emissions and social and commercial consequences, rather than just the 'ecological' aspects that could be implied by the 'environmental' term. History The history of independent appeal courts addressing environmental matters began with the establishment of Appeal Boards under the Town and Country Planning Act 1953. The first planning appeals were heard in February 1955. The Appeal Boards were replaced by the Planning Tribunal following the passing of the Town and Country Planning Act 1977. The Environment Court replaced the Planning Tribunal as a result of the Resource Management Amendment Act 1996. Jurisdic ...
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High Court Of New Zealand
The High Court of New Zealand ( mi, Te Kōti Matua o Aotearoa) is the superior court of New Zealand. It has general jurisdiction and responsibility, under the Senior Courts Act 2016, as well as the High Court Rules 2016, for the administration of justice throughout New Zealand. There are 18 High Court locations throughout New Zealand, plus one stand-alone registry. The High Court was established in 1841. It was originally called the "Supreme Court of New Zealand", but the name was changed in 1980 to make way for the naming of an eventual new Supreme Court of New Zealand. The High Court is a court of first instance for serious criminal cases such as homicide, civil claims exceeding $350,000 and certain other civil cases. In its appellate function, the High Court hears appeals from the District Court, other lower courts and various tribunals. Composition and locations The High Court comprises the Chief Justice (who is head of the judiciary) and up to 55 other Judges (whic ...
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Canterbury Regional Council
Environment Canterbury, frequently abbreviated to ECan. is the promotional name for the Canterbury Regional Council. It is the regional council for Canterbury, the largest region in the South Island of New Zealand. It is part of New Zealand's structure of local government. Geographic coverage and responsibilities The area of its jurisdiction consists of all the river catchments on the east coast of the South Island from the Clarence River, north of Kaikōura, to the Waitaki River, in South Canterbury. The region includes the Canterbury Plains, north and south Canterbury, the major braided rivers of the South Island, (the Waimakariri River, the Rakaia River and the Rangitata River) the Mackenzie Basin and the Waitaki River. The Canterbury Regional Council is responsible for a wide variety of functions including public passenger transport, regional biosecurity, river engineering, environmental monitoring and investigations, regional policy and planning and for considering applica ...
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Environment Of New Zealand
The environment of New Zealand is characterised by an endemic flora and fauna which has evolved in near isolation from the rest of the world. The main islands of New Zealand span two biomes, temperate and subtropical, complicated by large mountainous areas above the tree line.Walter, H. & Breckle, S-W. (2002). ''Walter's Vegetation of the Earth: The Ecological Systems of the Geo-Biosphere''. New York: Springer-Verlag, p. 86 There are also New Zealand Subantarctic Islands, numerous smaller islands which extend into the subantarctic. The prevailing weather systems bring significantly more rain to the west of the country. New Zealand's territorial waters cover a much larger area than its landmass and extend over the continental shelf and abyssal plateau in the South Pacific Ocean, Tasman Sea and Southern ocean. Historically having an isolated and endemic ecosystem far into modernity, the arrival of Polynesians about 1300 AD and then later European settlers began to have significa ...
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Environmental Law In New Zealand
Environmental law in New Zealand is an increasingly well defined body of national law that has a specialist court, The Environment Court of New Zealand (Māori: Te Kooti Taiao o Aotearoa), to decide related issues. History The roots of New Zealand environmental law can be traced to the common law of Australia. The increasing environmental awareness of the 1960s led to a specific body of environmental law that developed in many Western countries including New Zealand. Environmental law became more integrated in the 1980s with the passing of the Environment Act 1986 and the Conservation Act 1987. These Acts set up the Ministry for the Environment, Parliamentary Commissioner for the Environment and the Department of Conservation. The most significant Act of Parliament concerning environmental law was the passing of Resource Management Act 1991. Issues under the Act are adjudicated by the Environment Court of New Zealand. Timeline This timeline outlines the more significant envir ...
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Property Law Of New Zealand
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, redefine, rent, mortgage, pawn, sell, exchange, transfer, give away or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted property rights. In economics and political economy, there are three broad forms of property: private property, public property, and collective property (also called cooperative property). Property that jointly belongs to more than one party may be possessed or controlled thereby in very similar or very distinct ways, whether simply or complexly, whether equally or unequally. However, there is an expectation that each party's will (rather discretion) with rega ...
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