Public Sector, Environment and Resources

Delivering authoritative and strategic advice to public sector organisations so they can confidently discharge important responsibilities to their diverse stakeholders.

When you need public sector expertise, Brookfields is the firm you want on your side. We have acted for the public sector, including central and local government, statutory bodies and educational institutes for over 150 years.

We also advise private sector clients, such as developers, investors, and business and property owners, on optimising their dealings with the public sector.

We understand the legal needs of both public and private sectors, and we offer effective legal solutions.

Need Assistance?

Call

Auckland Office: +64 9 379 9350

Wellington Office: +64 4 499 9824

Email: law@brookfields.co.nz

Contact us today

You will get advice that is:

  • Focused and understandable
  • Pragmatic and practical
  • Cost effective
  • Proactive
  • Innovative
  • Strategic
 

We can help you with:

  • Governance issues including the exercise of regulatory powers, consultation and meetings, decision‑making rules and complaints processes
  • Democratic services, including elections
  • Government business / commercial activities (including advice about Crown Entities / State Owned Enterprises and Council Controlled Organisations)
  • Public finance
  • Government and local government funding sources (including rates), compliance and accountability
  • All matters under the Resource Management Act 1991 (from resource consents to enforcement / prosecutions)
  • Development contributions and financial contributions
  • Infrastructure planning and financing
  • Transport matters
  • Public Works
  • Mining
  • Maori and Treaty of Waitangi issues
  • Introducing new and subordinate legislation
  • Building regulation
  • Regulatory activities
xxx

Decision-making

A legal minefield in the public sector is the process by which decisions are made. For both public and private interests, the results of incorrect decision-making can be costly, if not disastrous. Where a decision is successfully challenged, it can lead to the process being undertaken again from scratch and the subsequent costs (including court costs) involved in the challenge.

Read More
xxx

Development Contributions and Financial Contributions

Development contributions under the Local Government Act 2002 are largely replacing financial contributions under the Resource Management Act 1991. But development contributions have been a mixed blessing for local authorities and developers alike. The legistration was significantly amended at the end of 2014.

Read More
xxx

Government and Business

All public sector organisations undertake some commercial transactions, from charging for hiring materials at the local library or hiring out venues, through to buying and selling property. Some of these activities are undertaken by separate trading entities.

Read More
xxx

Information and Meetings

The increased amount of information that is available quickly and inexpensively, has led to a corresponding increase in people wanting to access it. All public bodies have to balance a public presumption that information should be freely available, with the need to protect the privacy of individuals and commercial enterprises.

Read More
xxx

Infrastructure and Projects

Brookfields' infrastructure team draws on the specialist skills of a number of our partners providing a highly experienced group with an integrated approach to our clients' infrastructure and other major projects.

Read More
xxx

Judicial Review

Judicial review is a means by which the court can scrutinise the decisions and actions of public officials. Decision‑makers are required to act fairly in reaching their decisions, and they must do so in accordance with the law.

Read More
xxx

Legislation Drafting

Not all legislation originates in Parliament. Sometimes local authorities may promote a local bill, or amendments to their local bills which deal with specific issues in their area, such as land ownership or status in their area, or public order issues.

Read More
xxx

Liquor Licensing

There cannot be many lawyers who have appeared before the Alcohol Regulatory and Licensing Authority and its predecessors, as frequently as John Young and Andrew Green. They work closely with licensees and licensing agents and are known to and respected by the Police and Inspectors. This enables them to negotiate win win outcomes when licensees and managers face cancellation and/or suspension proceedings.

Read More
xxx

Local Government

Brookfields has over 150 years of local government expertise advising councils stretching the length of New Zealand. In addition we act for developers, private property owners and community groups or special interest associations in matters involving local government.

Read More
xxx

Prosecutions and Enforcements

Whether you are on the receiving end of enforcement action or responsible for ensuring compliance with statutes such as the Resource Management Act 1991, the Dog Control Act 1996, Fencing of Swimming Pools Act 1987 or Building Act 2004, our team has the experience to help. Enforcement action may take the form of abatement notices or enforcement orders (such as those available under the Resource Management Act 1991), or it may involve infringement proceedings leading to instant fines, or even prosecution in the courts.

Read More
xxx

Public Finance and Borrowing

Because the public sector has unique needs in relation to borrowing and lending, Brookfields will give you advice that is tailored to those needs. Structures and securities may differ from those of a purely commercial organisation.

Read More
xxx

Rating

Rating remains the one constant source of local government funding. It also has the greatest level of flexibility.

Read More
xxx

Roading and Transport

The Brookfields' team are experts in roading issues from planning and designation to funding and construction, and including the regulation of road use. Both local government roads under Part 21 of the Local Government Act 1974 and state highways and roads managed under the Government Roading Powers Act 1989 fall within this area of expertise.

Read More
xxx

Building Law Regulation

Development on both a large or small scale is regulated by the Building Act 2004 under which local authorities manage the inspection and certification regime. The Act aims to ensure that building work is carried out safely, with people's well-being and sustainability in mind and to promote the accountability of owners, designers, builders and local authorities in meeting their responsibilities under the Act.

Read More
xxx

Coastal Rights and Resources

Brookfields advises on the regulation of activities in the coastal marine area under the Resource Management Act 1991, the various rights to foreshore and seabed under the Marine and Coastal Area (Takutai Moana) Act 2011, and on matters relating to all coastal activities including ownership, occupation and use rights.

Read More
xxx

Development Contributions and Financial Contributions

Development contributions under the Local Government Act 2002 are largely replacing financial contributions under the Resource Management Act 1991. But development contributions have been a mixed blessing for local authorities and developers alike.

Read More
xxx

Energy and Mining

Brookfields has a deep-seated understanding of the pressures on extractive industry and the energy sector under the Crown Minerals Act 1992, Resource Management Act 1991 and earlier legislation (such as the Coal Mines Act).

Read More
xxx

Infrastructure and Projects

Brookfields' infrastructure team draws on the specialist skills of a number of our partners providing a highly experienced group with an integrated approach to our clients' infrastructure and other major projects.

Read More
xxx

Judicial Review

Judicial review is a means by which the court can scrutinise the decisions and actions of public officials. Decision‑makers are required to act fairly in reaching their decisions, and they must do so in accordance with the law.

Read More
xxx

Prosecutions and Enforcements

Whether you are on the receiving end of enforcement action or responsible for ensuring compliance with statutes such as the Resource Management Act 1991, the Dog Control Act 1996, Fencing of Swimming Pools Act 1987 or Building Act 2004, our team has the experience to help. Enforcement action may take the form of abatement notices or enforcement orders (such as those available under the Resource Management Act 1991), or it may involve infringement proceedings leading to instant fines, or even prosecution in the courts.

Read More
xxx

Public Works

For many years we have acted for requiring authorities seeking to acquire land for road, landfills, pipelines and network infrastructure. We advise landowners who are facing their properties being acquired. We are fully familiar with the negotiations involved and the "good faith" acquisition processes and the objection process which can follow - also the less frequently utilised provisions of the Public Works Act regarding access for survey and investigation.

Read More
xxx

Resource Management

Brookfields' resource management group specialises in all aspects of environmental and public law for corporate, local authority and private clients. We have a track record of over 100 years experience in planning and environmental issues that is second to none. Over 30 local authorities and public sector organisations choose us to look after their interests.

Read More
xxx

Roading and Transport

The Brookfields' team are experts in roading issues from planning and designation to funding and construction, and including the regulation of road use. Both local government roads under Part 21 of the Local Government Act 1974 and state highways and roads managed under the Government Roading Powers Act 1989 fall within this area of expertise.

Read More