Connections

Conversations about local government issues, insights and views

Staying informed with relevant news and important developments is critical for us and our clients. We regularly publish insightful articles that discuss the world of local government, record podcasts with thought leaders, and facilitate networking events throughout New Zealand.

Congratulations to our staff

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…

“Chopper” the rottweiler

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…

Extra requirements for expert witnesses

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…

Two more years to tango

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…

What to do when a building owner ignores multiple Notices to Fix?

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…

Is it time for a regulatory-specific Court in New Zealand?

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,…

Dog control: The total absence of fault defence

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.…

National Policy Statement on Highly Productive Land

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…

Welcome to our team

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…

Section 130 of the Building Act – A reminder of the important checks and balances that only the Court can review and approve

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…