In a recent Court of Appeal decision, Westland District Council ("Council") v York and anor [2014] NZCA 59, a claim against the Council for a negligent misstatement was struck out as time barred under the Limitation Act 1960. This means that potential litigants cannot claim a negligent LIM caused them loss more than 6 years after they allegedly relied on the LIM.
The Solicitor-General's Prosecution Guidelines (the Guidelines) were updated on 1 July 2013 to bring them in line with the new requirements and procedures introduced by the Criminal Procedure Act 2011.
Compliance with these Guidelines is expected in respect of public prosecutions and Crown prosecutions, which are those initiated by the Crown or government departments. Government departments also adopt prosecution policies in line with the Guidelines, which set out the approach that they will take to making the decision to initiate criminal proceedings and their conduct.
On behalf of the Government, the Minister for the Environment, Amy Adams, has introduced the Environmental Reporting Bill 2014 ("the Bill").
The aim is to:
"... create a national level environmental reporting system to ensure that reporting on our environment occurs on a regular basis and can be trusted by the public as independent, fair and accurate."
However, as the Commentary to the Bill makes clear, this is about making better use of the information already available, rather than extending the scope of information currently collected. There is reliance on existing agencies to do the work.
The Building (Earthquake-prone Buildings) Amendment Bill 2013 (the Bill) amends the Building Act 2004 (the Act) in an effort to improve the system for managing earthquake-prone buildings. The recent earthquake in Wellington has again brought to the fore the importance of protecting against earthquake damage and dangers in building construction and design.
The new system aims to strike a balance between protection of people and buildings, and managing the costs of strengthening and removing buildings. The Bill introduces a new subpart 6A that sets out new definitions, building assessment procedures and local government powers. A greater leadership role is given to central government to make better use of the specific strengths and resources of central and local government.
Heybridge Developments Ltd v Bay of Plenty Regional Council [2013] NZ EnvC 269
In this decision, the Environment Court addressed issues remitted back for its further consideration by the High Court. The High Court's decision allowed Heybridge Developments Limited's (HDL) appeal to the Environment Court's previous decision to decline its resource consents for earthworks and other activities relating to a four-lot subdivision (Proposal) of its 44ha property at Lochhead Road, Tauranga (Site).
With Christmas and the promise of a warm summer break beckoning, this edition of Legal Landscape rounds out 2013 with a snapshot of the latest happenings:
Please note that our offices will be closed from 5pm Friday 20 December 2013, fully reopening on Monday 20 January 2014.
Should you need assistance over this period please call our Auckland office on 09 379 9350.
0508 Brookfields