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What's new with existing use rights?

 

Existing use rights are a defence against most enforcement under the RMA. How do you determine whether there are existing use rights and exactly what they cover?

Existing use rights are a defence against most enforcement under the RMA. How do you determine whether there are existing use rights and exactly what they cover?

The presentation will provide an easily digestible explanation of existing use rights and interesting examples of how the principles are applied in practice:

  • What are existing use rights?

  • Why are existing use rights protected?

  • The difference between existing use rights for different classes of activities.

  • How do existing use rights change or become extinguished ?

  • What do existing use rights certificates prove (and what don't they prove)?

  • Was an activity lawfully established?

  • How do you tell if the effects of an activity are the same or similar in character, intensity, and scale? What if the environment affected by the activity has become more sensitive?

  • Who has to prove or disprove existing use rights when they are disputed?

Brandon shared a presentation about existing use rights at the 2015 compliance conference in Auckland. Some questions that were unanswered at the time have been answered in recent Court decisions, including the High Court's decision in Zhang v Auckland Council (in which Brandon acted for Auckland Council) and the Environment Court's decision in Waitaki District Council v W H McAughtrie Farm Ltd.

WHEN

Wednesday 20th October, 12:00pm

Presenter

Brandon Watts
Associate, Meredith Connell

 

Brandon has specialised in environmental and planning law since 2004. At Meredith Connell Brandon has held the role of a crown prosecutor since 2014. Brandon has appeared in various Court many times in relation to abatement notice appeals, enforcement orders, prosecutions, pre-trial hearings regarding the admissibility of evidence, sentencing, declarations, judicial reviews and a range of appeals. Brandon has worked closely along side councils in a number of major investigations.


 

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