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Legal issues in the New Zealand planning system: Reports 4-6

Urban landscape with cityscape in background

Dr Kenneth Palmer

Date published

20 January 2017

In relation to a future planning framework suggested in a draft report of the better urban planning inquiry, the Report raises an issue still to be resolved being a “legislative separation of planning and environmental protection”.

The project addresses four questions: 

  • What are the key legal issues and challenges associated with separating regulation of the built and natural environment? How are these issues and challenges best addressed?
  • From a legal perspective, what are the pros and cons of the alternative legal structures identified in the Commission’s draft report (pp. 339-340)?
  • What changes to the LGA and LTMA would be required to complement the new legal structure and create an integrated and effective body of law to underpin management of the build and natural environments?
  • What is the likely impact of reform on jurisprudence established under the RMA 1991? How could the lessons from existing jurisprudence be reflected in new legislation?


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