Property Requirements
The team advise a broad spectrum of property owners and developers on retail, industrial and warehousing, and urban development throughout New Zealand.  We provide specialist environmental due diligence for the sale and purchase of land and businesses, and the development of existing operations. 

This includes advice on the implications of district plan reviews, for example the proposed Auckland Unitary Plan and proposed Christchurch Replacement District Plan. 

Our team advises and acts on resource consent applications and private plan changes, for both applicants and submitters.  

We also provide other strategic advice, including on reverse sensitivity and Public Works Act issues.

Specialists

Recent Projects

  • Obtaining resource consents to enable the diversification of retail offerings at a Business Retail Park in Christchurch.
  • Providing strategic advice to a large commercial land owner in respect of projected growth in the Selwyn District.
  • Acting as counsel in Johns Road Horticulture Ltd v Christchurch City Council [2011] NZEnvC 185, a case regarding the rezoning of land in Belfast.
  • Successfully acting as counsel in Crouchley v Ashburton District Council ENC Christchurch C061/08, 21 May 2008, overturning a decision of the Ashburton District Council who declined consent for a rural subdivision.

Articles

8/06/2016

National Policy Statement on Urban Development Capacity not just for Auckland

As foreshadowed in the 2016 Budget announcement, the Government has released the proposed National Policy Statement on Urban Development Capacity (NPS UDC) for consultation. What might surprise many is that it is not just set to address the problem in the Auckland region, but Tauranga, Hamilton, Queenstown and Christchurch are also grouped in the "High Growth Urban Area" category.

Keep reading...


8/07/2015

Please sir, may I have a certificate of compliance?

What is a certificate of compliance? • A consent authority issues a certificate of compliance under section 139 of the Resource Management Act 1991 ("RMA") to confirm that an activity can be done lawfully in a particular location without a resource consent (i.e as a permitted activity). A certificate of compliance is treated as a resource consent and provides certainty to a resource user that their activity does not require a resource consent.

Keep reading...


5/05/2015

To approve or not to approve; that is the question.

What is a written approval? The resource consent process under the Resource Management Act 1991 ("RMA") provides an opportunity for certain persons affected by an activity seeking consent, to become involved in the decision-making process. A consent authority is required to notify adversely affected persons of the application for consent. Those affected persons are then entitled to lodge a submission in support or opposition to the application. Anyone who has lodged a submission can bring evidence and be involved in the hearing of a resource consent application.

Keep reading...


3/03/2015

6 months or bust

The new six-month consent processing time frames will be introduced on 3 March 2015 when Part 3 of the Resource Management Amendment Act 2013 (the "Amendment Act") comes into force. This will have a significant impact on the resource consent process, which has been overhauled in an attempt to make the entire procedure more efficient and provide a degree of certainty to applicants. Although these amendments were originally proposed to hasten "medium-sized projects" the amendments now apply across the board to all resource consent applications.

Keep reading...


11/11/2013

AEE's and the need to get it right - watch this space

The litigation regarding noise associated with New Zealand Windfarms Limited's Te Rere Hau wind farm continues, with leave granted by the High Court for Palmerston North City Council to appeal to the Court of Appeal (Palmerston North City Council v New Zealand Windfarms Limited [2013] NZHC 2654, 11 October 2013 Williams J.).

Keep reading...


26/08/2013

Existing Use Rights and The Christchurch Rebuild

Existing use rights under the Resource Management Act (RMA) have an important role to play in the Rebuild of Christchurch.

Keep reading...


9/08/2013

Queenstown – A Resource Management Hotspot: Shotover Park Case Note

Queenstown has become a hotspot, not only for adventure tourism, but also resource management litigation. In a recent article, we discussed caselaw involving two resource consent applications to build a Pak'nSave and a Mitre 10 Mega at Frankton Flats, Queenstown (the "Consent Cases"). A further development has emerged in a related High Court appeal.

Keep reading...


11/07/2013

The Queenstown Central Cases - The Meaning of "Minor" and The Assessment of Non-Complying Activities

The recent decisions of the High Court in Queenstown Central Ltd v Queenstown Lakes District Council have highlighted developments in fundamental principles related to resource consent applications for non-complying activities, the definition of "the environment", and the meaning of the word "minor".

Keep reading...


14/03/2013

Do Council's owe a Duty of Care when Issuing S 224 Certificates?

The Courts have recently looked at the issue of whether a Council owes a duty to take reasonable care in issuing a section 224 certificate and ensuring registration of a consent notice under the Resource Management Act 1991.  The outcome of these proceedings may have important consequences for local authorities.

Keep reading...


3/03/2013

Reliance on bare or bald assertions: a one-way ticket to a certificate of non-compliance

Recent litigation has seen the High Court provide a timely reminder to consent authorities about the scope of their obligations when processing applications for Certificates of Compliance. As the decisions show, these obligations, if left unfulfilled, can result in costly, time consuming judicial review proceedings to the eventual detriment of applicants, consent authorities and affected third parties.

Keep reading...


17/02/2013

CERA Acquisitions for Anchor Projects

The Christchurch Central City Recovery Plan could result in the Canterbury Earthquake Recovery Authority compulsorily acquiring large tracts of the central city for the Anchor Projects.

Keep reading...


20/11/2012

Compulsory Acquisition in the Central City

Many landowners in the central city have now received letters from CERA, the Canterbury Earthquake Recovery Authority, informing them that their land in the central city has been designated for Anchor Projects under the Central City Recovery Plan.  This article describes the processes of designation, acquisition and compensation under the CER Act.

Keep reading...


12/11/2012

Councils' Duty of Care to Purchasers of Subdivided Land

The High Court at Greymouth has recently found that a council does have a case to answer where it incorrectly certifies conditions of subdivision have been met and a subsequent purchaser of the land relies on those certifications.

Keep reading...


28/10/2012

The Christchurch CBD Blueprint: Resource Management Issues

The blueprint for the Central City has been released, so what does it mean – particularly if you own property in the Central City?  How does it affect existing activities in the new zones?

Keep reading...





 Security code

Wynn Williams Christchurch
Level 5, Wynn Williams House, 47 Hereford Street, Christchurch 8013, New Zealand.
PO Box 4341, DX WX11179, Christchurch 8140.
+64 3 379 7622
+64 3 379 2467
Wynn Williams Auckland
Level 11, AIG Building, 41 Shortland Street, Auckland 1010, New Zealand.
PO Box 2401, Shortland Street, Auckland 1140.
+64 9 300 2600
+64 9 300 2609
Top

This page is best viewed in an up-to-date web browser with stylesheets (CSS) enabled. While you will be able to view the content of this page in your current browser, you will not be able to get the full visual experience. Please consider upgrading your browser software or enabling style sheets (CSS) if you are able to do so. The latest version of Firefox, Safari or Google Chrome will work best if you're after a new browser.