In our latest article in The Property Lawyer, we discuss the following:

The Supreme Court decision in Port Otago Limited v Environmental Defence Society Inc. [2023] NZSC 112: An overview of the decision and what the decision means for decision-makers and developers – when “avoid” no longer means “no”.

The Transitional NPF: A draft of the first NPF was released on 10 September 2023 for pre-notification targeted consultation with certain groups. We provide an overview of the draft and what is coming next.

Plan Change 78: We discuss recent changes in the Independent Hearings Panel and the status of PC78 hearings. Since the publication of this article, the Council has filed a memorandum requesting that hearings for the two variations (ALRC and natural hazards) continue to be put on hold, with the Panel providing its response on 7 November. We will look into this further in our next update.