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Old Argument over Subdivision of Cross Lease Titles Put to Rest

Created: Thursday, 01 November 2018 17:08

In its recent decision in Re McKay the Environment Court has determined that the conversion of a cross lease title to a fee simple (freehold) title constitutes a subdivision in terms of the Resource Management Act 1991. 

This is an unsurprising decision given the terms of the Resource Management Act and having regard to the true nature of a cross lease title. 

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Has the Territorial Authority Special Consultation Process Just Become a Whole Lot More Stringent?

Created: Friday, 12 October 2018 08:32

In Gwynn v Napier City Council [2018] NZHC 1943 Dobson J held that the Napier City Council (Council) made errors in the statutory consultation process in deciding whether to adopt a local Easter Sunday shop trading policy, despite undertaking a relatively thorough process. The Court held two grounds for judicial review were made out:

  • While the minimum statutory requirements for the special consultative process (SCP) were met, the decision did not discharge Council’s other consultation obligations set out in the Local Government Act 2002 (LGA);

  • The Council failed to consider a mandatory relevant factor, namely, consideration of the views of parties affected by the decision. 

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Duty of Care in the Context of Regulatory Action?

Created: Monday, 01 October 2018 16:03

Introduction

In the recent decision Daisley v Whangarei District Council [2018] NZHC 2211 the High Court dismissed an application for leave to bring a summary judgment application against the Whangarei District Council (Council) and Mr Peters. In the process of reaching this decision the High Court provided some interesting commentary surrounding local authority liability in relation to the duty of care owed to landowners when taking regulatory action. 

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Putting King Salmon into Perspective in Relation to Resource Consents

Created: Wednesday, 22 August 2018 17:14

The Court of Appeal has released its judgment on RJ Davidson Family Trust v Marlborough District Council.  The judgment clarifies the application of Part 2 of the RMA when considering resource consent applications.  It follows a period of jurisdictional uncertainty arising from the High Court’s consideration of the case.

The High Court had extended the Supreme Court’s judgment in King Salmon to apply to resource consent applications. 

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Congratulations to Alison Gilbert

Created: Monday, 13 August 2018 09:53

Alison-Gilbert

Congratulations to Alison Gilbert

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Residential Care Subsidy - A Trust May Affect Eligibility

Created: Thursday, 26 July 2018 09:07

Statistically, few of us will require long term stay in a rest home or hospital. At age 65, 5% of the population is in care. This increases to 21% once we reach the age of 85. Of the 85+ population the average stay in rest home/hospital care is 18 months. However, 54% of those over 85 will probably die in care. This high percentage of people dying in care is not because they are in long term residential care but because of the numbers that will be in respite care.

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