Latest Articles

Changes To The Land Transport Management Act Proposed

Created: Thursday, 20 September 2012 02:40

The Bill

Mid-August quietly saw in the introduction of the Land Transport Management Amendment Bill (Bill) to the House. See here for a copy of this Bill.

The Bill amends the Land Transport Management Act 2003 (Act) by simplifying the planning and funding framework, and repealing the Act's regional fuel tax provisions. Specifically the Bill:

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Investigate Before Issuing A Certificate Of Compliance

Created: Thursday, 20 September 2012 00:47

Royal Forest and Bird Protection Society of New Zealand Incorporated v Waitaki District Council

This case is interesting because it clarifies the principles applying to the issue of Certificates of Compliance (CoC) in accordance with section 139 of the Resource Management Act 1991 (RMA). It confirms that Councils must carefully consider what type of information will be needed in order to undertake an adequate assessment as to whether an "activity can be done lawfully in the particular location without a resource consent" before issuing a CoC. The determination will greatly depend on the wording of the particular District Plan provisions involved.

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Compliance with Tender Process

Created: Wednesday, 25 July 2012 03:31

The High Court decision of Roading & Ashphalt Limited v South Waikato District Council is a timely reminder to all those involved in tenders of the need to comply strictly with the selected tender process.

South Waikato District Council (Council) invited tenders for solid waste disposal operations in Tokoroa.

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Who Owns the Bed of Rivers?

Created: Friday, 20 July 2012 00:53

The question of ownership of river beds between riparian owners and the Crown turns on the issue of navigability. Historically, this was dealt with under section 14 of the Coal-mines Act Amendment Act 1903 (CAAA'03) which was substantially re-enacted in section 261 of the Coal Mines Act 1979 (CMA). The legislation holds that if a river was navigable then it vests in the Crown. In determining, contrary to earlier decisions, that the stretch of river in question was not navigable, the Supreme Court (SC) decision in Paki v Attorney-General is a small victory for Maori.

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Frustrated Leases - "If I Can't Get In Why Can't I Get Out?"

Created: Tuesday, 17 July 2012 12:00

A contract is frustrated if an unforseen event makes performance of the contract either impossible or performance is possible only in a radically different way.

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Proposed Changes to the Fair Trading Act 1986

Created: Tuesday, 10 July 2012 03:36

The Consumer Law Reform Bill, currently before Parliament, proposes several changes to various Acts, including important changes to the Fair Trading Act 1986 (FTA). Some of these changes will seriously affect many businesses.

The more important of these changes affect the ability for a business to contract out of the FTA in business to business transactions and include updated provisions in respect of "uninvited direct sales" to consumers, unsolicited goods and services, layby agreements, extended warranties and unsubstantiated representations. These are discussed below.

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