Connections

High Court confirms it is the dog owner’s behavior, not the victim’s, that was under scrutiny in serious attack After a short hearing in the High Court yesterday, Justice Brewer agreed with Jodi Libbey, appearing for Tauranga City Council, that it was the dog owner’s behavior and not the victim’s that was under scrutiny after…

Updates to the Code of Conduct for expert witnesses On 1 January 2023 the Environment Court Practice Note 2023 came into effect, replacing the previous 2014 Practice Note.  Among other changes, the 2023 Practice Note contains important updates to the Code of Conduct for expert witnesses giving evidence in the Environment Court. In particular, experts…

Court of Appeal confirms Building Act longstop won’t preclude contribution claims While some of us were getting ready for the summer holidays, the Court of Appeal quietly dropped its judgment in Beca Carter Hollings & Ferner Ltd v Wellington City Council [2022] NZCA 624, confirming that contribution claims are not precluded by the 10-year limitation…

Thames-Coromandel District Council and Rice Speir lead the way with s 220 of the Building Act 2004 In December 2022 Rice Speir successfully obtained orders authorising Thames-Coromandel District Council to carry out building work (including demolition) after a history of non-compliance with Notices to Fix.  After removing the longstanding problematic buildings, the owner is now…

Compliance, Monitoring and Enforcement (CME) is an essential function of local government.  Councils all over Aotearoa do their best, with limited resources, to bring to account those who adversely effect the environment, build shoddy homes, own dangerous dogs, as well as a raft of other offences. But while regulatory prosecutions are seemingly on the rise,…

Kia tika te puri i tō kurī | Control your dog Dog control offences and the defence of total absence of fault Contrary to what The Baha Men said more than 20 years ago, the Dog Control Act 1996 (Act) does not ask ‘who let the dogs out’.  Rather, it expects the owner to know.…

During the last 20 years, New Zealand has lost approximately 35,000 hectares of highly productive land to urban or rural residential development.  Highly productive land is crucial not only to our primary industries and exports, but also to the economic viability of rural communities, whether they be dairy farms in Gore, or kumara farms in…

Jodi Libbey – Senior Associate Jodi Libbey is a fully qualified solicitor in Canada and New Zealand, who brought an impressive breadth of expertise to Rice Speir when she joined our team in June 2022.  Jodi’s specialist areas are civil litigation, regulatory compliance and enforcement, and employment and professional disciplinary matters. She has worked as…

Napier City Council and Rice Speir create new law around Chief Executive Warrants to avoid immediate Danger. In a recent regulatory decision that creates welcome new law under the Building Act, the Court ruled it has jurisdiction to confirm a warrant issued under 129 of the Building Act 2004 (for immediate danger), even when the…

Insurance – Court of Appeal overturns decision on effect of weathertight exclusion clause in ‘mixed’ claim. In the latest decision in a long running dispute, the Court of Appeal* has allowed Napier City Council’s appeal against the decision of its insurer at the time to decline cover for the entirety of a $12,355,000 settlement on…