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.
Prosecuting to protect the past
At a time where land for new commercial and residential buildings is becoming increasingly scarce, heritage can be seen as a hindrance to development. Property owners, failing to appreciate the significance of their historic items, will undertake work without consulting with councils and/or applying for resource consent. However, the public interest in preserving heritage is…
Building Act Potpourri
Rice Speir regularly fields questions from local government clients about the day to day application of the Building Act and Building Code. Here are a few issues that we have dealt with recently that may be of interest. Pre-fabricated buildings We have recently dealt with the issue of pre-fabricated buildings constructed overseas, then placed on…
Can’t See the Wood for the Trees
Queenstown Lakes District Council was found to not be liable for damage to motel units caused by a falling tree, which was on council land. The District Court concluded that the council did owe a duty of care to undertake inspection and maintenance of the trees on the council’s reserve, but had not breached its…
Councils fail to strike out claim by Carter Holt Harvey
The High Court has released its latest decision in the long-running litigation between the Ministry of Education (MoE) and Carter Holt Harvey (CHH) – this time, on an application by 54 councils to strike out CHH’s third party claims against them. Background The MoE’s claim against CHH alleges that its Shadowclad product is defective and…
The Supreme Court on Stadium Southland
In our June 2017 newsletter we published an article on the key points from the Court of Appeal’s landmark judgment in the “Stadium Southland” litigation.The decision was a win for councils, as it was found that a council did not owe a duty of care to “commissioning owners”, because they could not be said to…
Independent review of the April 2017 Edgecumbe flood
On 6 April 2017, the Rangitāiki River breached a stopbank at College Road, Edgecumbe resulting in the flooding of much of the township. Around 15 houses were rendered permanently uninhabitable, and more than 250 other homes had to be evacuated to allow for the required repairs. On 10 April 2017, the Bay of Plenty Regional…
The right tool for the job in Building Act enforcement
Failing to comply with a notice to fix. Recently we assisted Tasman District Council in prosecuting a landowner who had transformed his rural, two-storey shed into a potential dwelling. The council’s practices received a glowing endorsement from the Court, which is always worth celebrating. The basic facts were that neighbours first complained of the man’s…
Homeowners Pay the Price of Being Difficult
The costs of dragging a reasonable council to court In building defect claims, sometimes it feels like homeowners are driven by raw emotion rather than good financial sense. In such cases, despite our best efforts, occasionally a claim that should settle will end up in Court for trial. In this situation, local authorities should consider…