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.
Plea negotiations – a caution against chequebook justice
Representing councils in Resource Management and Building Act enforcement cases means that we often get approaches from defence lawyers, asking for certain charges to be dropped in exchange for guilty pleas to others. Some approaches are orthodox, some are very surprising (no, you can’t pay the council money to stop a prosecution). The Solicitor General’s…
Bringing Back Building Inspections
We’ve made it! In one piece. Kind of. After almost five weeks of COVID-19 Level 4, a never before seen pandemic inflicting untold harm and suffering on to our health, society and economy, New Zealand has just taken the significant step of moving back to COVID-19 Level 3. New Zealand, as a team, has been…
Talking about Bigfoot – Kāinga Ora’s quest to become a BCA
There’s a new mythical creature stirring debate and concern amongst our council clients, but it’s yet to be seen clearly in the wild. Before Covid-19 hit the headlines, we all heard about Kāinga Ora’s expansive powers, lofty goals and the worry that it’ll run roughshod over local councils. But is there any truth to the…
Shovels at the ready!
As we move out of Level 4 lockdown this week, the nation’s focus will now turn to supporting the speedy recovery of our economy and industries. Large-scale infrastructure projects will play a key role in this by creating jobs and stimulating local economies. On 1 April, the Government announced it was looking for “shovel-ready” infrastructure…
Floodgates
Flooding is one of the most common natural hazards in New Zealand. According to the Ministry for the Environment it is only likely to increase. Property owners and occupiers will usually have the benefit of insurance cover for flood events but this will not provide cover for certain damage which is explained below. Claims against…
Resource consent granted to remediate the Te Mata Peak walking track
In early 2019, Hastings District Council was granted resource consent to remediate the highly controversial track that was constructed without public notification on the eastern slope of Te Mata Peak in late 2017. Rice Speir represented the council (in its capacity as applicant) at the two day hearing before Independent Commissioners, Paul Cooney and Rauru…
Hefty fine imposed on farmer and director for pollution
A Waikato farmer, Mr Gurnam Singh, and his company B&B Singh Limited, have been convicted and fined a total of $63,000 for unlawfully discharging farm effluent into the environment at a farm in Morrinsville in August and September 2018. The fine is the latest in a long history of environmental breaches for Mr Singh. Judge…
Water water everywhere, but not a drop to drink
I have been dabbling in insurance law for the last 20 years and it is always a surprise to an insured how far reaching certain exclusions in a liability policy can appear to be. I would like to focus on some of these exclusions in this article and the next, to demystify how far reaching…
Breaking news – tiny house deemed to be a vehicle, not a building
This week the District Court has answered a question about whether a tiny house is a building or a vehicle. In Dall v the Chief Executive of MBIE (available for download by following the link here) Judge Callaghan disagreed with MBIE’s interpretation and set aside the determination together with the council’s notice to fix. The…
Values and innovation
by Fiona Bird I joined Rice Speir in June of this year as practice manager. My journey to this point has been varied and enriching. I spent 3 years at a large CBD law firm in a corporate services position and prior to that I enjoyed 18 months working in a boutique law practice in…