Connections

Conversations about local government issues, insights and views

Staying informed with relevant news and important developments is critical for us and our clients. We regularly publish insightful articles that discuss the world of local government, record podcasts with thought leaders, and facilitate networking events throughout New Zealand.

High Court throws out claim against Council

High Court throws out claim against Council because of lawyers’ failure to serve within time In a timely reminder to lawyers to pay close attention to service requirements under the High Court Rules, or otherwise risk facing a claim in negligence, the High Court in a decision last week declined the plaintiff’s application for an…

Welcome to the firm Cori

Cori brings with him over two decades of experience as an infrastructure funding, developments and property lawyer in local and international law firms, including an extended recent period working inhouse as one of the lead project and development lawyers at Auckland Council. His arrival is an exciting time for Rice Speir, as his wealth of…

Welcome to the team Alex

We are thrilled to introduce Alex Cumming as the newest member of our resource management team at Rice Speir. With close to two decades of legal expertise spanning both New Zealand and the United Kingdom, Alex brings to us a wealth of knowledge in resource management, alcohol licensing, and regulatory legal matters. Alex’s career includes…

High Court rejects challenges to Council’s discovery and denies cross-examination

High Court rejects challenges to Council’s discovery and denies cross-examination of council officers In a resounding victory for the Marlborough District Council, the recent ruling in Woolley v Marlborough District Council [2023] NZHC 3840 saw the High Court dismiss five different applications brought by the plaintiff, Mr Woolley. The Court’s decision, rejecting challenges to the…

Fishing in local waters: The shift in resource management of fisheries

Fishing resources: Resource Management Act 1991 vs. the Fisheries Act 1996 A persistent, if not overly acknowledged, trait of fisheries management in New Zealand is its centralisation.  Compared with many other decisions over natural resources, such as planning documents prepared under the Resource Management Act 1991 (RMA), there is less opportunity for local control.  Total…

Guidance for Building Consent Authorities in the wake of Cyclone Gabrielle

Natural hazards at a time of significant uncertainty – guidance for Building Consent Authorities in the wake of Cyclone Gabrielle Cyclone Gabrielle was one of the largest natural disasters in the history of Aotearoa New Zealand.  Many North Island councils (as well as some South Island ones) have grappled with how to approach building consenting…

Building Act prosecution of Bella Vista Homes builder / developer finally at an end

The curtains have come down on one of the country’s longest running Building Act prosecutions after the Supreme Court had the final say and declined Danny Cancian’s application to bring a third appeal against his convictions. Background Mr Cancian, along with other defendants, including his company Bella Vista Homes Limited, was charged by Tauranga City…

Alcohol LAPse (pun intended)

Of the 33 provisional local alcohol policies (LAPs) developed since 2017, 32 have been appealed, with the average duration from notification of a provisional LAP to adoption being 790 days! Because of the time and costs involved in fighting these appeals, many councils (representing over 50% of New Zealand’s population) have halted or abandoned the…

Resource management reforms: what you need to know

By now, those working in the resource management space will be aware that the Natural and Built Environment Act 2023 (or NBA) and the Spatial Planning Act 2023 (or SPA) were recently passed into law, receiving Royal Assent on 23 August 2023.  These Acts provide for the reform and eventual repeal of the Resource Management…

Supreme Court has final say: Napier City Council the victors in long running dispute

The Supreme Court has upheld the Court of Appeal’s decision and dismissed the appeal of Local Government Mutual Funds Trustee Limited (RiskPool), finding that Napier City Council is insured under its policy with RiskPool for non-weathertightness related defects. The Supreme Court’s decision brings to an end a long running dispute of significance to councils and…