Connections

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 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…

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…

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…

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…

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…

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…

Trout, a species that divides opinions in New Zealand, is seen as a harmful invader of waterways by some and a prized catch for anglers by others. It may come as a surprise that the habitat of trout and salmon is specifically protected under section 7(h) of the RMA. Is this provision outdated, considering that…

As a tech-savvy lawyer, I’m always on the lookout for new tools to make my job easier. But let me tell you, there’s one tool that’s been causing me a lot of trouble lately – ChatGPT. ChatGPT is an AI language model that can help lawyers find and present legal authorities quickly, but there’s a…

One of the core functions of local authorities is prosecuting and enforcing non-compliance with regulatory requirements, such as breaches of the Building Act and/or the Resource Management Act, and under the Dog Control Act. Once a charge has been laid in the District Court, a defendant needs to be served with the charge, and summonsed.…