Connections

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 Is this provision outdated, considering that…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.…

Rice Speir is delighted to announce the well-deserved promotions of four outstanding members of our team; Sarah Farnell and Jade Magrath to Senior Associate and Bodene Robertson-Wright and Rosie Argyle to Senior Solicitor. At Rice Speir we are committed to investing in the professional development of our team members and these promotions are a reflection…

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.…