Resource Management and Environmental Law

Lundons Law provides advice and representation on a range of environmental law and resource management consenting, project and policy matters. These include land use and subdivision; viticulture resource consent applications; water take and discharge permits, and coastal permits.

We work closely with planners, engineers, surveyors, landscape architects, acoustic engineers and other experts to support your project. Our team has extensive experience in resource management local government hearings, Commissioner hearings and the Environment Court.

Contact Simon to discuss your environmental and resource management issues.

Frequently Asked Questions

I’m planning an extension or new build on my property – what do I need to consider?

The relevant council plan will define what you can and cannot do. The team at Lundons Law are familiar with the Marlborough District Council’s plans, and can advise you.

In a residential zone, we often help clients to answer questions such as:

  • how close to the boundary can I build?
  • can I build a garage on my section?
  • how high can I build my fence?
  • how much of my property can be covered with buildings?
  • what can I do about my neighbour’s proposed building blocking my view?
  • can I subdivide?
  • can I convert part of my house into a granny flat?
  • can I relocate my driveway?
  • can I run a business from home?
  • can I rent out my house as a holiday home?
  • can I build a pizza oven?

In the rural zone, more common questions relate to:

  • what sort of commercial and industrial activities are permitted?
  • how is effluent disposal controlled?
  • can I take water, and how much?
  • can I subdivide?

If you are in the industrial zone, we can help you understand:

  • what types of non-industrial activities are allowed in my zone?
  • can I live in that zone?
  • can I subdivide?
  • what restrictions are in place if my land is on a ‘hazard zone’?
  • what are the rules surrounding discharge of pollutants to air?
Can I subdivide my property?

The relevant council plan will define whether you are permitted to subdivide your property. Lundons Law has extensive experience with the Marlborough Environment Plan and its earlier versions (the Marlborough Sounds Resource Management Plan and the Wairau Awatere Resource Management Plan).

If subdivision is permitted, consent is likely to be issued with a range of conditions – including the registration of easements. These must be included on the title plan, which is done by a registered surveyor. All other conditions must be completed, and any council development contributions paid, before you can apply for a completion certificate. That certificate is then lodged with Land Information New Zealand, and new titles are issued.

Lundons Law regularly works with surveyors, and will apply to LINZ for your new title. We deal with a large proportion of the subdivisions in Blenheim and Marlborough, and we know all the ins and outs of the process – whether it be for a new build, a large housing development or a vineyard.

Contact Steve, Laura or Simon for advice.

What is a right-of-way and what are our rights when sharing access?

When a right-of-way is proposed, Marlborough District Council will define conditions for its layout and formation. It is up to the owner / occupiers to repair and maintain the right-of-way and abide by the terms for having shared access, as identified in an easement document.

If you’re considering a new shared access path, or having problems with an existing right-of-way, Lundons Law can help.

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