Legal

Duty to warn of concerns? Fleetwood Apartments claim raises questions Legal

Duty to warn of concerns? Fleetwood Apartments claim raises questions

By Sarah Macky, Partner, Heaney & Partners.   The decision of Andrews Property Services Limited v Body Corporate 160361 & Ors NZCA 644 was an appeal of a High Court decision. The case concerned a second generation claim for a leaky 40-unit apartment building in central Auckland called Fleetwood Apartments. In the...
Councils, campers and tourism: Practical solutions may be on the way Legal

Councils, campers and tourism: Practical solutions may be on the way

By Linda O'Reilly, Partner, Brookfields Lawyers Given the lateness of summer this year, it is probably an appropriate time to talk about camping. When the Freedom Camping Act was introduced in 2011 its stated purpose was “to address the adverse effects of freedom camping”. But the default position under the Act is that freedom...
Stop the clock Legal

Stop the clock

Assessor’s report stops time running in all jurisdictions. Ajudgment released by the Supreme Court on December 22, 2016 provides leaky building owners, who have an assessor’s report and an eligible claim, a choice of jurisdictions where one may not have existed before. The issue considered (in Olivia Waiyee Lee v Whangarei...
Out on a LIM: natural hazard management Legal

Out on a LIM: natural hazard management

Wendy Saunders explains the role of the Land Information Memorandum in natural hazard management. Land Information Memoranda (LIMs) were included into the Local Government Official Information and Meetings Act (1987) in 1992. Yet, more than two decades later, there remains a lot of confusion and many inconsistent approaches to managing...
Safety checking Legal

Safety checking

New obligations for councils under the Vulnerable Children’s Act. Librarians, staff at council pools, skate park guardians and road safety coordinators could be among council staff affected by new legislation. On July 1 last year, safety checking regulations for the children’s workforce came in to force. Safety checking, under the...
On Legal Issues: Election year crumbs Legal

On Legal Issues: Election year crumbs

Local government forced to settle for small wins. I was struck recently by a media release from LGNZ that began: “Letting local communities determine whether shops can open on Easter Sunday is a win for local decision-making.” It is not that the passing of the Shop Trading Hours Amendment Bill, allowing territorial authorities the...
Defective cladding Legal

Defective cladding

Supreme Court gives green light to claim against CHH. By Frana Divich, partner, Heaney & Partners. Carter Holt Harvey (CHH) has lost another battle in its war with the Ministry of Education over “leaky schools”. The decision paves the way for the claim to proceed to trial and clarifies what claims may be brought against...
Defective properties Legal

Defective properties

Contributory negligence or no claim? Sarah Macky, a partner at law firm Heaney & Partners explains the implications for councils.  The Weathertight Homes Tribunal and the courts have leant towards findings of contributory negligence on the part of claimants where claimants have purchased property which they know is defective or is...
Note to elected members Legal

Note to elected members

One particular report by the Auditor-General is required reading in election year, says Brookfields Lawyers partner Linda O'Reilly. In this election year it is particularly interesting to reflect on the reported performance of local government. The Auditor-General does this every year and published her report, Local Government: Results...
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