Local Govt | National News Video | Parliament Headlines | Politics Headlines | Search

 

RMA prosecutions ‘safe’

1 April 2011

RMA prosecutions ‘safe’

The Appeal Court has today put to rest the on-going argument of the validity of prosecutions taken under the Resource Management Act.

Wellington Appeal Court judges Arnold, Harrison and Steven have ruled that regional councils have followed correct practice in initiating prosecutions and that the hundreds of RMA convictions entered over the last ten years were lawful.

The court described the case as raising issues “of considerable public importance”.

A number of appellants had challenged the right of regional councils to prosecute without first obtaining the permission of a district court judge or registrar. They believed that this leave has been required since February 2001 as a result of an amendment to the RMA at that time.

They further argued that subsequent convictions and penalties imposed were not valid as a result of the council’s failure to get this leave.

The court found that the council was not required to get permission of the district court or registrar to prosecute.

“This decision effectively affirms the validity of hundreds of prosecutions brought under the RMA by regional councils around the country over the last ten years,” said Waikato Regional Council’s complaints and investigation manager Patrick Lynch.

“Though this can be seen as a technical point of law, the ruling is extremely important. It has the effect of reinforcing all of the deterrence against environmental offending that the court has imposed in the last ten years.

“This appeal process has been quite disruptive to regional councils trying to meet their obligations to enforce the RMA. This decision sends a clear message to councils that the path is clear to prosecute for environmental offending where appropriate,” said Mr Lynch.

ENDS

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On Yesterday’s Big Parliamentary Air Kiss To China

In order to obtain support from the two major parties, Act Party deputy leader Brooke Van Velden twice had to soften the language of her parliamentary motion yesterday condemning China’s persecution of the Uighurs. The key word “genocide” was deleted. Evidently, the kind of resolution passed by a conservative government in the UK proved to be far too tough for a centre-left Labour government and a centre-right National opposition to countenance. Yesterday, the two major parties were united in their fear of retribution from China... More>>

 

Government: Fair Pay Agreements To Improve Pay And Conditions For Essential Workers

The Government is delivering on its pre-election commitment to implement Fair Pay Agreements which will improve wages and conditions, as well as help support our economic recovery, Workplace Relations and Safety Minister Michael Wood announced today. More>>

ALSO:

Public Services: Government Sets Pay And Workforce Expectations For The Public Sector

The Government’s Workforce Policy Statement issued today sets out its expectations for pay and employment relations in the Public Sector, the Minister of Finance and Minister for the Public Service say. “New Zealand has had an exceptionally successful ... More>>

ALSO:

Government: Budget 2021 Reprioritises Nearly $1 Billion

Hon Grant Robertson Deputy Prime Minister Minister of Finance The Government’s strong pandemic response and the better than expected economic recovery means not all the money allocated in the COVID-19 Response and Recovery Fund has been spent, ... More>>

ALSO:


PM: Statement On The Speaker And Annual Review Debate

“The serious issue of alleged sexual assault and harassment at Parliament was poorly managed and inappropriately politicised last night. The tone of the debate did not reflect well on Parliament as a whole,” Prime Minister Jacinda Ardern said. ... More>>

Parliament: Mallard Fails To Give Taxpayers A Straight Answer

Trevor Mallard has confirmed he is unfit to be Parliament’s Speaker by failing to answer several important questions relating to the false rape accusation saga that cost taxpayers more than $330,000, Shadow Leader of the House Chris Bishop says. ... More>>

Local Government: Independent Review To Explore Future

Local Government Minister Nanaia Mahuta says an independent review of local government will explore how councils can maintain and improve the wellbeing of New Zealanders in the communities they serve long into the future. More>>

ALSO:

PM Ardern And PM Morrison: Commencement Of Two-Way Quarantine-Free Travel Between Australia And New Zealand

Joint Statement by Prime Ministers Scott Morrison and Jacinda Ardern Commencement of two-way quarantine-free travel between Australia and New Zealand Today, Australia and New Zealand have fulfilled their commitment to establish two-way quarantine free ... More>>

 
 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels