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Articles by Gerald Lanning
Underscoring of Parliament’s intent in climate change challenge to petroleum EPs
Climate change litigation is increasingly a global trend, where individuals or groups seek to use the Court to force change. In the recent case Students for Climate Solutions Incorporated v Minister of Energy and Resources, the Court of Appeal has reinforced that Parliament’s legislative intent reigns supreme. The Court found that the purpose of the Crown Minerals Act 1991 (CMA) on mining is for the economic development of New Zealand.
Supreme Court confirms high bar for consent applications subject to “avoid” directives
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The Supreme Court decision in Royal Forest and Bird Protection Society of New Zealand Inc v New Zealand Transport Agency, released at the end of last week, found that the Board of Inquiry (BOI) misinterpreted the relevant RMA provisions when granting consent to the East-West Link (EWL) project, and that the High Court erred in dismissing appeals against the BOI’s decision.
By Gerald Lanning, Bill Loutit, Matt Conway Verified, Mike Wakefield, Sarah Mitchell, Sarah Scott, Chris Ryan
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Lexology
Verified
Major NZ ETS review - consultation open
The Ministry for the Environment has opened consultation on significant changes that could be made to the New Zealand Emissions Trading Scheme (ETS). Submissions close at midnight on Friday 11 August 2023 and the full details can be found here. The aim is, in the words of the Minister of Climate Change, “to make sure it’s fit for the job ahead - cutting carbon pollution”. There will be a wide range of views on the need for change and the suitability of the options.
Taranaki Mounga Settlement: Legal Personality and Co-governance - a feature of modern settlements?
A historic agreement may soon see Taranaki Mounga returned to Ngā Iwi o Taranaki, paving the way for a new relationship between the Crown and mana whenua. As part of the Treaty settlement package, Taranaki Mounga (and other peaks) will be granted legal personhood, with a board appointed by both Crown and iwi to co-govern its interests. What you need to know Taranaki Mounga will be provided legal personhood, known as Te Kāhui Tupua, to protect the interests of the Mounga and enhance its mana.
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