Some Significant Changes in Central and Local Government Legislation

Thanks to the Todd Walker Law team for this update.


We wish to update you on some significant changes in Central and Local Government Legislation that will have impacts on our mutual clients.

BRIGHT-LINE TEST

The new Government announced today its intention to extend the bright-line test to 5 years. As yet no details have been made public, but we assume this will impact on anyone who sells their property within 5 years of acquiring the same after the 1 October 2015 when the original bright-line test came into force.

NON NOTIFICATION OF DISCRETIONARY SUBDIVISION APPLICATIONS

The Queenstown Lakes District Council (QLDC) have confirmed that as from 18 October 2017 they will no longer require applications for discretionary activity consent for subdivisions for residential living to be publicly notified. This follows amendments to the Resource Management Act that has that legislative intent. An unforeseen consequence is applications for subdivision in the Rural Zones of our District that include provision for a Residential Building Platform (RBP) will no longer be publicly notified. It is proposed those that are directly affected such as neighbours will still be notified. Such applications will in the future be determined by Council Officers without the need for a hearing and there will be no rights of appeal.

PROPOSED RULES RELATING TO VISITOR ACCOMMODATION AND THE RURAL ZONES OF THE WAKATIPU BASIN

As you will have heard from extensive media publicity in the last 24 hours, the Council will today consider reports containing the proposed rules for Visitor Accommodation and for subdivision and activities in the Rural Zones of the Wakatipu Basin which are intended to form part of Stage 2 of the Proposed District Plan due for notification on the 23 November 2017. The changes are in some cases quite dramatic and if you have any clients looking to undertake Visitor Accommodation activities including Airbnb or are looking to buy or develop rural land in the Wakatipu Basin then they should take urgent advice from someone who has knowledge of these rules.


Graeme Todd
Principal
Todd and Walker Law
graeme@toddandwalker.com