Connections

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…

Kia ora everyone and welcome to episode 16 of Rice Speir Radio, coming to you live from day 1 of Level 3 here in Tamaki Makaurau. For anyone new to the show, we are a Podcast that focuses on all things local government. I’m your host, Nathan Speir, and I am Managing Partner of Rice Speir, a…

The recent Covid outbreak is taking a toll on all of us – on top of the demands we’re already facing. For many of you, working in local government has never been tougher. Email has meant that everyone is accessible 24/7.  Social media allows ratepayers to send their criticism directly – and without filters. In…

The High Court has allowed more time for parties involved with defective buildings to be joined into claims – even after the expiry of the 10 year limit. It is a helpful decision for councils, which often find themselves to be the “last party standing” in defective building claims. Background The BNZ building in Wellington…

In June 2021 the High Court released a significant judgement for councils and insurers in relation to an $18 million building defect claim. In Napier City Council v Local Government Mutual Funds Trustee Limited (RiskPool)* the court found that a weather tightness exclusion barred an entire building defect claim – even though many of the…