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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Congratulations to Alison Gilbert

Congratulations to Alison Gilbert

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Residential Care Subsidy - A Trust May Affect Eligibility

Statistically, few of us will require long term stay in a rest home or hospital. At age 65, 5% of the population is in care. This increases to 21% once we reach the age of 85. Of the 85+ population the average stay in rest home/hospital care is 18 months. However, 54% of those over 85 will probably die in care. This high percentage of people dying in care is not because they are in long term residential care but because of the numbers that will be in respite care.

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Residential Care Subsidies - Working It Out

The underlying purpose of the Social Securities Act 1964 is to ensure that financial support is available to people who require it.  The availability of this support is subject to means testing, and the Act requires that "where appropriate they should use resources available to them before seeking financial support under this Act".  These resources may include assets held in trust.

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