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 – Local Authorities (Members' Interests) Act 1968: Time for the Chop, What Next?
22 Sep 2011
The Members’ Interests Act (MIA) is up for overhaul, and not before time. Nobody likes it, or thinks it is particularly effective in the current environment...
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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 – Local Government Act 2002 Amendment Act 2010
24 Nov 2010
On Thursday 18 November 2010, Parliament passed the Local Government Act 2002 Amendment Act 2010 through its second and third readings. In this FYI we provide an overview of the changes made to the Bill during the legislative process...
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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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Feature Article:
Navigating the New Super City – A New Era in Auckland Local Government
01 Nov 2010
In March 2009, the Royal Commission on Auckland's Governance released its report. Nineteen months, five Acts of Parliament and several sets of regulations later, the clock has ticked down to the new Auckland Council...
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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:
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:
Naturally Resourceful – Ombudsman's Decision Requires Council to Release Information on Unverified Contaminated Sites
14 Sep 2009
A recent decision by the Ombudsman has required the Hawke's Bay Regional Council to release details of 3,099 "unverified HAIL sites" in response to a request under the Local Government Official Information and Meetings Act 1987...
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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:
Naturally Resourceful – The Law Commission's view on 'Alcohol in our Lives' - a Local Authority perspective
03 Sep 2009
On 30 July 2009, the Law Commission released an issues paper 'Alcohol In Our Lives' which reviews the regulatory framework relating to the sale and supply of liquor...
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FYI:
Naturally Resourceful – A "Red-Pen" Review: The Report of the Select Committee on the Resource Management (Simplifying and Streamlining) Amendment Bill
21 Aug 2009
The Local Government and Environment Committee reported back on the Resource Management (Simplifying and Streamlining) Amendment Bill on 18 August 2009, and recommended a large number of amendments, including the redrafting of a host of provisions...
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FYI:
Naturally Resourceful – The Building Amendment Act 2009 and beyond - cutting costs, red tape and time
14 Aug 2009
A media release from the Building and Construction Minister on the recent Building Amendment Act describes the amendments as speeding-up the building consent process and reducing costs, although he also acknowledges that it is only a first step and there is more to be done...
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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 – Notification: Presumption to notify replaced by complex and uncertain tests
01 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:
Naturally Resourceful – The RMA - Where is it Going?
18 Dec 2008
The Government has announced the appointment of the RMA Technical Advisory Group and the Group's terms of reference...
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FYI:
Naturally Resourceful – Living Earth: integrity and regional policy statements
25 Sep 2008
The recent Court of Appeal decision in Auckland Regional Council v Living Earth Limited [2008] NZCA 349 resolves the previous uncertainty...
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FYI:
Publicly Speaking – Managing Land Transport - More Twists and Turns On the Road Ahead
01 Aug 2008
The planning and funding of our roads and public transport is a source of constant public debate...
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FYI:
Naturally Resourceful – The Sunset Terraces Decision - Adequate Inspection Is Not A Numbers Game
10 Jun 2008
The High Court has recently issued an important decision dealing with a Council's duties to homeowners when performing its functions under the Building Act 1991...
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FYI:
Publicly Speaking – Reviewing Bylaws
08 Apr 2008
This FYI provides information on reviewing bylaws: when a local authority has to review its bylaws; how it has to carry out its bylaw reviews...
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