Connections

30 years on – What does the 2025 revamp of the Solicitor-General Prosecution Guidelines mean for local authorities? Overview The Solicitor-General Prosecution Guidelines are fundamental in shaping Aotearoa’s criminal justice system, and they have recently been updated following the most comprehensive review in over 30 years. While the definition of “prosecuting agency” excludes local authorities,…

For those who have been involved in the process of valuing a reserve, whether for disposal or exchange, you will appreciate the challenge often faced.  How do you value a reserve, whether it be open space for passive recreation or developed with a playground or sports field, that services the community and has been set…

Court rejects ‘total absence of fault’ defence following serious injury to young child Background The defendant’s dog, a male American Pitbull-cross, attacked a young child visiting her property.  The victim suffered serious injuries, including wounds around her eye from a dog bite to the face.  The defendant was charged under s 58 of the Dog…

Court rules against developer in resource consent fee dispute – and rejects negligence and breach of contract arguments Judge K G Davenport KC has sided with Tauranga City Council (TCC), granting summary judgment for $15,387.45 in unpaid resource consent fees and striking out the developer’s counterclaims against TCC for negligence, contract, and legitimate expectation. The…

The Fast-Track Approvals Act 2024 is now in force, allowing 149 “listed” projects to apply for approval under the fast-track process, while other eligible projects can seek referral to the process. Referrals Applicants seeking referral to the fast-track approval process are required to complete pre-lodgement consultation with relevant councils and, when considering whether to refer…

The Finance and Expenditure Select Committee’s recommendations to the Government following its climate adaptation inquiry were released on Monday. In recent times, Aotearoa has experienced the effects of climate change including in the form of extreme weather events that have caused loss of life and widespread property destruction.  Further, approximately 750,000 New Zealanders, and 500,000…

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…