Local Authority Powers To Impose Time-Restricted Parking

In Hutt City Council v O'Connor [2014] NZHC 2290, the High Court considered the power of a local authority to impose time-restricted parking. The Judge found that the Minister could, but had not, created a rule empowering local authorities to restrict parking.

Background

Alwyn O'Connor was issued with a parking infringement notice by Hutt City Council ("the Council") for breach of r6.4(1) Land Transport (Road User Rule) 2004 ("the Road User Rule") due to parking his vehicle for more than two hours in an area on Port Road subject to a P 120 parking time restriction.

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Council Processing Burned And Buried

ZWART V GISBORNE DISTRICT COUNCIL

The recent decision of Zwart v Gisborne District Council [2014] NZEnvC 242 provides a rare example of a costs award against a consent authority and a strong reminder that a full and proper assessment must be undertaken by an authority when processing resource consent applications.

In two previous decisions the Court declined the appeal against the decision of the Gisborne District Council (Council) to grant land use resource consents to build and operate a funeral home on the outskirts of Gisborne City. The question of costs was reserved, but the Court expressly discouraged any costs application because of issues relating to the quality and processing of the application.

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Question Of Riverbed Ownership Adjoining Maori Land Left Open

In the final of a series of cases, the Supreme Court in Paki & Ors v Attorney General [2014] NZSC 118dismissed a claim by the appellants that they had title to part of the riverbed of the Waikato River adjoining their lands; leaving the question of riverbed ownership open. The appellants are descendants of members of various hapu that were awarded interests in land subdivided from the Pouakani block by the Native Land Court (NLC) in the late 19th century. The Courts have released this decision as being one of public interest, and a copy is available Public Sector, Environment & Resources.

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Supreme Court Affirms Environmental Bottom Line

SUPREME COURT AFFIRMS ENVIRONMENTAL BOTTOM LINE APPROACH WHERE POLICIES ARE DIRECTIVE

In Environmental Defence Society Incorporated v The New Zealand King Salmon Company Limited and Ors [2014] NZSC 38, the Supreme Court expressed its views on the interpretation of the New Zealand Coastal Policy Statement ("the NZCPS") with regard to the management framework within the Resource Management Act ("the RMA").

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Many Tortfeasors Make Light Work Of Compensation

VIECELI V CHRISTCHURCH CITY COUNCIL [2014] NZHC 748

This case concerns the approach to apportionment of liability between district councils and developers for the cost of repairs of defects in the construction of buildings.

The developer, Gilgamesh Limited, owed a non-delegable duty of care pursuant to its contract with a purchaser of a property to ensure that the property was constructed in accordance with the building consent, the Building Act 1991 (as it was at that time) and in a proper and workmanlike manner. The Christchurch City Council successfully argued that the developer had breached this duty of care and was therefore liable to the Council as a joint tortfeasor for a contribution to the settlement paid by the Council.

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Winter is coming

Winter is coming and change is a-foot: legislation updates

With the introduction of the Statutes Amendment Bill (No.4) (Bill) the Government has responded to a need to modernise, clarify and correct a suite of statues of direct relevance to local government. However, the Bill also includes a number of substantive amendments which, if retained, will have an effect on the procedures and processes of local authorities. These are summarised below.

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