News & Insights
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…
Tiny houses major headaches for councils
The tiny house movement has well and truly swept the country. It goes without saying that bringing affordable, warm and dry homes to the New Zealand market is a fantastic thing. However, what often gets overlooked are the issues that these houses create for councils. At a time of unprecedented growth, demand for people and…
Important reforms proposed for Building Act
Help is on its way for Building Act regulators. Central Government is proposing sweeping reforms to the Building Act – the most significant since it was introduced in 2004. MBIE has recognised the long-standing issues with the building regulatory system, many of which we have written about in Straight Up. It has started a consultation…
Gunshots and meditation: Auckland retreat takes aim at proposed shooting range
When a remote meditation retreat in Auckland discovered a shooting range was setting up next door, it went to court to try and preserve its peace. And it won – but not because of concerns about gunshots echoing across the valley. In a case which the court called unusual, the gun club lost because the…