Change continues in resource management law: what is coming in 2019?

Planning ahead: 2019 2018 produced and foreshadowed a number of important changes in the resource management and environmental space. Not least of these was the final chapter in the Davidson case, which provided some certainty about the meaning of those four little words "subject to Part 2". 2019 looks set to provide a raft of further changes. Most people are back at work now and gearing up for the year ahead - what better time to reflect on what 2018 brought and look ahead at some of the things we know are coming in 2019. 2018 in review Case law: Part 2 is back, sometimes Without a doubt the most awaited development in resource management and environmental case law in 2018 was the judgment in R J Davidson Family Trust v Marlborough District Council [2018] NZCA 316. The Court of Appeal clarified that "subject to Part 2" in section 104 means that consent authorities must have regard to Part 2 when assessing resource consent applications, when it is appropriate to do so. Recourse cannot be had to Part 2 where it would subvert a clearly relevant restriction in a plan that has been prepared having regard to Part 2 and that provides a coherent set of policies designed to achieve clear environmental outcomes. While we can all be grateful for the clarification in Davidson, its full implications remain to be seen. Jurisprudence will develop as the Environment Court works with the judgment, just as it did with King Salmon. In the meantime, for each application, consent authorities will need to carefully consider whether the relevant plan or policy statement allows recourse to Part 2 - an error either way may expose the decision to being overturned on appeal...