Court of Appeal Clarifies Requirement to Pay Rates

The long-running rates challenge arising from the Kaipara District Council’s major cost overruns associated with the Mangawhai sewage and wastewater treatment scheme may finally have come to an end bringing welcome clarification of the relevant statutory requirements.  The Court of Appeal, in Rogan v Kaipara DC & Northland RC has ruled that the Appellants were not entitled to withhold payment of rates even if a rates assessment or rates invoice did not contain or accurately record all the specified information.

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Old Argument over Subdivision of Cross Lease Titles Put to Rest

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?

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?

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

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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Can Territorial Authorities Now Appeal Their Own Resource Consent Decisions?

Auckland Council v Auckland Council [2018] EnvC 56

In the recent case Auckland Council v Auckland Council the Environment Court made a number of interesting procedural and jurisdictional findings relating to Auckland Council’s ability to appeal its own decision made as a consent authority.

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