FYI:
Local Government – When do Councils have to consult? And how?
20 Oct 2011
Council staff will be all too aware of the importance of consultation and the risks of judicial review. In this article we look at two Council decisions which were found to be invalid due to insufficient or incorrect consultation and we discuss what they mean for future Council decision-making...
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FYI:
Local Government – “End of the Supermarket Circus” - the first case under the new anti-trade competition provisions of the RMA
15 Sep 2011
In a previous FYI we commented on proposed amendments to the RMA. These amendments were intended to restrict trade competitors' rights of submission and appeal on resource consents, plan changes and other consents...
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FYI:
Local Government – It's Not What We're Drinking, It's Where We're Drinking
05 Aug 2011
Many of us enjoy the occasional tipple at our local bar, or in the comfort of our own homes...
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FYI:
Local Government
Many of us enjoy the occasional tipple at our local bar, or in the comfort of our own homes. But what does the law have to say when a more adventurous party-goer decides she or he wants to experience all this….on a bus? In this FYI, we explore some key questions that have recently been answered in legal proceedings on liquor licensing for party buses – questions and answers that are particularly relevant to local authorities in their roles as district licensing agencies...
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FYI:
Resource Management – Public Notification Under the RMA Deemed Illegal: A Warning to Councils
21 Jul 2011
In North Holdings Ltd v Rodney District Council [2004] 17 PRNZ 384, the Court of Appeal confirmed that a Council decision to notify a resource consent application could potentially be subject to judicial review...
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FYI:
Local Government – CERA Powers to Enable Canterbury’s Recovery
24 May 2011
Before becoming Spiderman, Peter Parker’s Uncle Ben told him: “With great power comes great responsibility.” The recently enacted Canterbury Earthquake Recovery Act 2011 contains a number of significant and potentially far-reaching powers...
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FYI:
Marine and Coastal Area Act – Implications for Local Authorities
25 Mar 2011
The political dust may take some time to settle, but the Marine and Coastal Area (Takutai Moana) Act 2011 will be in force by the end of the month...
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FYI:
Resource Management – Building Amendment Bill (No. 3)
30 Nov 2010
This Bill was introduced into Parliament on 23 November 2010, and is awaiting its first reading. It is the first of two Bills aimed at implementing a number of policy decisions arising from the Government’s 2009 review of the Building Act 2004...
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FYI:
Resource Management – Streamlining Infrastructure Development
15 Nov 2010
Report of the Minister for the Environment's Infrastructure Technical Advisory Group...
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FYI:
Resource Management – Building Better Cities - Proposed Reform of the Urban and Infrastructure Planning System
03 Nov 2010
Phase Two of the Government’s Resource Management Act reforms continue with the 13 October release of the Ministry for the Environment’s discussion document “Building Better Cities”. The discussion document focuses on options for reform of urban and infrastructure planning to enable urban areas to function more effectively...
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Q&A:
Proposed Changes to Foreshore and Seabed Act – Marine and Coastal Area (Takutai Moana) Bill
13 Oct 2010
What has the National-led government decided to do about the Foreshore and Seabed Act 2004?...
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FYI:
Publicly Speaking – Foreshore and Seabed Out Marine and Coastal Area In
13 Oct 2010
Following on from our FYI in May 2010 on the Foreshore and Seabed Act 2004 review, we now look at the Government's response to that review – the Marine and Coastal Area (Takutai Moana) Bill, and highlight the implications for local authorities...
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FYI:
Local Government – Strict Approach to Requirement to Consider Community Views
13 Aug 2010
Last year the High Court was asked by Whakatane District Council to set aside the decision by Bay of Plenty Regional Council...
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FYI:
Publicly Speaking – Liquor Licensing for Party Buses: Reporting on the Oddballs and Marshall cases
01 Mar 2010
The High Court has recently ruled that a district licensing agency may not issue special licences to operators of charter bus operations in Christchurch, involving consumption of bring-your-own liquor...
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FYI:
Naturally Resourceful – Priority for competing applications
26 Jan 2010
The date on which a resource consent application obtains priority of hearing over other competing applications has been the topic of much debate and a series of Court decisions...
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FYI:
Naturally Resourceful – Practical Implications of the RMA Amendments for Councils
02 Nov 2009
The goal of the Resource Management (Simplifying and Streamlining) Amendment Act 2009 is to simplify and streamline processes under the Resource Management Act 1991. Some of the amendments are inconsequential and others require more significant departures from existing processes...
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FYI:
Publicly Speaking – Infrastructure Bill - Utilities in the Road, Motorway and Rail Corridors
29 Sep 2009
The Government has now introduced the Infrastructure Bill. This has the key objective of increasing efficiency in the way that utilities gain access to the road, rail and motorway corridors...
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FYI:
Naturally Resourceful – The Select Committee's Rewrite of the RMA Notification Provisions
14 Sep 2009
The Local Government and Environment Committee reported back on the Resource Management (Simplifying and Streamlining) Amendment Bill on 18 August 2009...
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FYI:
Naturally Resourceful – The "Supermarket circus" - Trade Competition under the RMA
09 Sep 2009
A person is currently free to use any of the tools that the RMA provides in order to pursue a competitive advantage, subject only to the potential sanction of costs...
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FYI:
Publicly Speaking – Council Decision-Making
12 Jun 2009
Council decision-making has been under the spotlight recently, with the High Court reviewing decisions on the relocation of Council headquarters (in Whakatane) and social housing rents (in Christchurch)...
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FYI:
Naturally Resourceful – Proposed reform of the RMA plan change provisions
02 Apr 2009
Submissions are due on the Resource Management (Simplifying and Streamlining) Amendment Bill on 3 April 2009...
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FYI:
Naturally Resourceful – Resource Management (Simplifying and Streamlining) Amendment Bill: Amendments to the call-in and designation provisions
19 Mar 2009
The Resource Management (Simplifying and Streamlining) Amendment Bill passed its first reading on 19 February 2009...
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FYI:
Naturally Resourceful – The Proposed Resource Management Act Amendments - Some Preliminary Comments
11 Feb 2009
Further information about the proposed reform of the Resource Management Act 1991 was released by the Government last week...
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FYI:
Publicly Speaking – Section 40 of the Public Works Act and Auckland International Airport
05 Aug 2008
The case of McElroy and Others as Trustees of the Craigie Trust v Auckland International Airport Ltd, Justice Williams, is the latest episode...
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