Legal

Councils found wanting under LGOIMA Legal

Councils found wanting under LGOIMA

Chief ombudsman Peter Boshier is warning councils there will be a tighter focus on their obligations under Local Government Official Information and Meetings Act (LGOIMA). He says local democracy is being undermined by the failure of some councils to meet their freedom of information obligations. Next month it will be 30 years since the...
Marine mammals, abandoned vehicles and other detritus on beaches Legal

Marine mammals, abandoned vehicles and other detritus on beaches

By Linda O'Reilly, partner, Brookfields Lawyers Brookfields was recently asked a question by a territorial authority that was unsure over its responsibility for activities on its many beaches. The question of ‘control’ over the foreshore – the area between Mean High Water Springs (MHWS) and Mean Low Water Springs (MLWS) – and...
The bed tax that isn’t: Auckland Council’s targeted accommodation rate Legal

The bed tax that isn’t: Auckland Council’s targeted accommodation rate

By Linda O’Reilly, Partner, Brookfields Lawyers Auckland Council has voted to introduce a targeted rate on commercial accommodation providers in the 2017 / 2018 financial year. Generally referred to in the media as a bed tax, the new rate has been hotly debated, with the tourism sector in Auckland taking particular offence. The...
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...
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