Latest Articles

Territorial Authorities put on notice about the need for proper management of Wastewater Treatment Plants

Created: Thursday, 11 February 2021 16:10

In Otago Regional Council v Clutha District Council [2020] NZDC 26125 Judge Dwyer has fined the Clutha District Council (Council) $488,250 for "egregious" failures in managing its wastewater treatment plants. The decision serves as a warning to territorial authorities to be proactive in the management of their wastewater systems, even when contractors have been engaged carry out their operation and management.

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Trustee Considerations for Disclosure - Whether and What to Disclose

Created: Friday, 05 February 2021 13:52

In our previous article on trustees’ disclosure to the beneficiaries we summarised the requirements of the Trusts Act 2019 (the Act) in relation to disclosure.   This article provides trustees with more detailed guidance on how they should approach disclosure to beneficiaries. 

There is a presumption in the Act that the trustees must disclose basic trust information to every beneficiary or representative of a beneficiary, and trust information to beneficiaries who request it.

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Zipline Proposal Cut Short - Impact of Cultural Effects

Created: Monday, 21 December 2020 15:59

The Taupō District Council’s (TDC) hearing panel (Panel) recently issued its decision on an application for land use consent by Sky Play Adventures Limited and Tauhara North No.2 Trust (Applicant) to construct and operate a zipline, base station and walking tracks along and over the Waikato River, as well as a tour hub on Huka Falls Road. The application overall was considered as a discretionary activity.

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An Important Look at Local Government Decision-Making and Climate Change

Created: Friday, 18 December 2020 12:19

In Hauraki Coromandel Climate Action Incorporated v Thames-Coromandel District Council [2020] NZHC 3228 an incorporated society of ratepayers from the Thames-Coromandel District partially succeeded in an application for judicial review against the Thames Coromandel District Council in relation to the Council’s decision not to approve the Mayor to sign the Local Government Leaders’ Climate Change Declaration 2017 (the Declaration).

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High Court tackles competing primacy of mana whenua groups under RMA

Created: Wednesday, 09 December 2020 15:58

In Ngāti Maru Trust v Ngāti Whātua Ōrākei Whaia Maia Limited the High Court deals with the emerging acceptance of tikanga Māori in New Zealand’s modern legal system. Deciding how best to fit these two systems together after centuries of dominance of the European legal construct is no small feat, but the judiciary has taken on the challenge and we, as a country, are starting to see the results.

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Do I Need a Contracting-Out Agreement?

Created: Friday, 20 November 2020 15:15

Do any of the following ring a bell?

  • I’ve just met someone, and things are moving fast
  • We’ve been together a while now, and are talking about moving in together
  • We’re living in my house, and renting out the other one
  • Looking after my kids is a full-time job, and my partner works in the family business
  • After everything that’s happened, I didn’t expect to meet someone again
  • I’m spending a fair bit of time renovating the rental property – just as well I’m a builder!
  • We met at university, but I gave up my career to focus on the kids
  • I help out with the accounts and the odd day here and there in the business
  • My friend’s marriage has just ended – it got messy, and really made me think
  • Trusted friends are suggesting I see a lawyer to get advice
  • I’ve inherited a nest-egg, and we want to use it to do-up the house

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