Connections

Housing Acceleration Fund – Auckland Council group and Kāinga Ora infrastructure funding structure finalised Cori Barkle, Rice Speir’s specialist Property and Infrastructure Funding Director, recently played a pivotal role in finalising a long-term relationship and infrastructure funding arrangement between MHUD, Kāinga Ora and Auckland Council’s infrastructure asset owners (Auckland Transport, Healthy Waters, Community Facilities and…

Recent determination by MBIE considers What ‘adequate’ provision to protect the land really means  In a recent Determination 024/025, MBIE considered Wellington City Council’s decision to grant a building consent for a large mixed-use development subject to s 72 of the Building Act 2004. Key findings The determination provides a helpful summary of the natural…

The role of local authorities in judicial reviews of its consenting functions under the RMA Traditionally, decision-makers under the RMA haven’t followed the conventional approach and have instead played an active role in defending decisions that are subject to judicial review.  However, the appropriateness of this approach has recently been the subject of judicial commentary…

We recently reported on the High Court and the Court of Appeal dismissing stale claims against councils.  In Rea v Auckland Council [2024] NZCA 313, the Court of Appeal continued this positive trend. Background In the Rea case, Auckland Council issued a CCC for a house in October 2013.  Mr and Mrs Rea purchased the…

We recently announced Charlotta Harpur’s promotion to Associate Director and are now delighted to share more about her impressive career and how she can help you. Charlotta is a seasoned specialist civil litigation and dispute resolution solicitor, with over 15 years of experience assisting councils in resolving disputes.  Her extensive knowledge of council functions under…

In a win for councils nation-wide, in Tasman District Council v Buchanan, the Court of Appeal has overturned a decision relating to councils’ duty of care when inspecting residential swimming pools – holding that councils do not have a duty of care when carrying out pool inspections, and that the purpose of pool fencing legislation…

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…

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…

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 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…