Local Government Archive |
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| October 2010 |
A Sea-change for Customary Title
The Marine and Coastal Area (Takutai Moana) Bill (which passed its first reading on 15 September 2010) proposes to repeal the Foreshore and Seabed Act 2004. In doing so the Bill seeks to restore Maori customary interests in the foreshore and seabed which were excluded by the Foreshore and Seabed Act. |
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| October 2010 |
Canterbury Earthquake Response and Recovery: Special Legislation
The Canterbury Earthquake Response and Recovery Act 2010 is the Government's legislative response (in the form of legislative amendments through Orders in Council and the creation of the Recovery Commission) to the natural disaster that has had a substantial impact on the region. |
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| June 2010 |
Bill Proposing Mandatory Maori Wards or Constituencies Defeated
The Local Electoral (Maori Representation) Amendment Bill was defeated in its first reading in the House on 16 June 2010. |
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| June 2010 |
Member's Bill Proposes Mandatory Maori Wards or Constituencies
The Local Electoral (Maori Representation) Amendment Bill was introduced on 6 May 2010. The purpose of this Bill is to achieve amendments to the Local Electoral Act 2001 to provide for Maori representation and it would also repeal the Bay of Plenty Regional Council (Maori Constituency Empowering) Act 2001. |
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| May 2010 |
Auckland Local Government Reforms Rolls On
We reported on the Bill following its first reading in December of last year. In this article we give you a summary of the Local Government (Auckland Law Reform) Bill as reported back to Parliament. |
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| May 2010 |
Additional Charges Excluded From Compulsion Measures Under The RMA
In a recent decision the Environment Court has held that section 36(7) of the RMA does not extend to 'additional charges' levied to cover the actual and reasonable costs of processing the application under section 36(3). |
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| April 2010 |
Review of Local Government Act Hits Parliament
The long awaited review of the Local Government Act advanced on 29 April 2010 with the introduction to Parliament of the Local Government Act 2002 Amendment Bill. |
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| April 2010 |
"Legislative Hiatus" in RMA Convictions to be Considered by the Court of Appeal
Wallace Corporation, which last year unsuccessfully appealed its conviction for offences under the Resource Management Act 1991, has lodged a further appeal in the Court of Appeal. |
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| April 2010 |
Infrastructure Bill
The area of greatest interest and some concern to local government of this Bill is the part relating to utilities' access to roads to install and maintain their equipment, lines and pipes. |
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| March 2010 |
Auckland Reorganisation – Local Boards and Council-controlled organisations
The Auckland Transition Agency (ATA) has released discussion documents which cover proposals on the role of Local Boards and proposals for rationalisation of existing Council-controlled organisations. |
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| March 2010 |
Copyright (Infringing File Sharing) Amendment Bill
On 23 February 2010 this Bill was introduced to Parliament repealing section 92A of the Copyright Act and intending to put in place a fair and balanced process to deal with online copyright infringement by unauthorised file sharing. |
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| December 2009 |
Supreme Court to Consider Council's Duty of Care
The Supreme Court has granted leave to appeal a decision of the Court of Appeal finding that the Queenstown-Lakes District Council did not owe a duty of care to the commercial owner of a luxury lodge damaged by fire due to a defective flue. |
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| December 2009 |
Super City Survey Examines Impact From 'Affected Parties' Viewpoints
A recent survey shows a low expectancy for additional or improved services to residents, but expects improvements in infrastructure and planning, as well as a consistency of approach through centralised decision-making. |
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| December 2009 |
High Court Confirms RMA Convictions Despite Statutory "Gap"
The High Court has found that convictions can be entered for offences under the Resource Management Act 1991, despite a "legislative hiatus" in section 21 of the Summary Proceedings Act 1957 ("SPA"). |
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| December 2009 |
Auckland - The Jigsaw Fits Into Place
The third Bill makes substantial amendments and additions to both the Local Government (Tamaki Makaurau Reorganisation) Act 2009 and the Local Government (Auckland Council) Act 2009 and draws together the legislative package required to give effect to Auckland local governance reorganisation. |
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| November 2009 |
RMA Convictions Upheld
A recent District Court decision rejects the argument that convictions can not be entered for offences under the RMA. |
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| November 2009 |
Wards, Boards and Boundaries for Auckland Council
The Commission
has announced its preliminary proposals in relation to wards and local boards across the new Council, and the proposed boundaries. |
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| November 2009 |
RMA Convictions Challenged
Procedural query in District Court holds up RMA prosecutions. |
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| September 2009 |
Local Government (Auckland Council) Bill Passes With More Changes
On 17 September 2009 the Bill was passed under urgency largely in the form recommended by the Auckland Governance Legislation Select Committee, but without the proposed changes to the northern boundary of Auckland. |
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| September 2009 |
Super City Takes Shape
The only certain thing about the release of the Auckland Governance Legislation Select Committee's report is that it will not please everyone. |
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| August 2009 |
Infrastructure Bill
This Bill, which has yet to have its first reading, proposes substantive amendments to eight Acts and the repeal of one Act. When it reaches the committee of the whole House stage, the intention is to split it into two Bills, the Utilities Access Bill and the Infrastructure Bill. |
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| June 2009 |
The 'Boy Racer' Bills
Two new bills, each targeting different aspects of the illegal street racing problem, received their first reading in the House on 2 June 2009. |
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| May 2009 |
Changes Coming With The Unit Titles Bill
The Unit Titles Bill is due to be reported back from the Social Services Select Committee on 5 September 2009. Read about the changes concerning subdivisions of land into units. |
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| May 2009 |
Deed Execution and e-Dealing
The Property Law Act 2007 amended the legal requirements for deed execution by bodies corporate such as councils as from 1 January 2008 and the shift to e-dealing from paper registration under the Land Transfer Act 1952 requires the use of Authority and Instruction forms for certain transactions. |
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| May 2009 |
Auckland Legislation Before Parliament
Two Bills, the Local Government (Auckland Reorganisation) Bill and the Local Government (Auckland Council) Bill, have been introduced under urgency into Parliament to give effect to Government decisions and recommendations on governance. |
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| May 2009 |
Minister Picks up the Pace on Super City
Local Government Minister Rodney Hide has laid out a three-step legislative programme to realise the Government's decision on Auckland governance. |
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| April 2009 |
Confusing Case Law on Decision-Making under LGA'02
Decision-making processes continue to cause headaches for officers and members of local authorities. A recent decision disagrees with the approach taken to an earlier decision relating to decision-making. |
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| April 2009 |
Cabinet Calls for Even Greater Changes to Auckland Governance
Cabinet has considered the recommendations of the Report of the Royal Commission on Auckland Governance and made its own changes to the outcome. |
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| March 2009 |
One Auckland a Reality
Find out what has been recommended for the governance structure of Auckland. The Report of the Royal Commission of Inquiry on Auckland Governance was released on 27 March 2009. The Auckland 'super city' is proposed to become reality. |
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| March 2009 |
Gangs and Organised Crime Bill
With the growing criminal activity in New Zealand this Bill, which was introduced on 10 February 2009, is likely to be of interest to local authorities struggling to control gang-related crime in their districts. |
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| March 2009 |
Building Amendment Bill (No 2)
The amendment to the Building Act, first proposed before the end of the last Parliamentary term, has now passed its first reading in Parliament and has been referred to the Local Government and Environment Select Committee. Submissions closed on 9 April. |
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| February 2009 |
RMA Amendment Bill
The Resource Management (Simplifying and Streamlining) Amendment Bill is on its way. The Bill is now closed for submissions. Check the time-line for the Bill in this article. |
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| January 2009 |
Reducing Borrowing Costs – an Opportunity for Local Government
The passing of the Securities (Local Authority Exemption) Amendment Act in April 2008 exempted local authorities from the need to issue a prospectus when seeking debt securities from the public. All they now require is an investment statement which is a much simpler document. Most importantly this document does not need to be signed by councillors. |
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| December 2008 |
Failing To Comply With Decision-Making Obligations
In a significant decision for local authorities, Justice Chisholm has quashed a decision of the Christchurch City Council as the council failed to comply with decision-making obligations under Part 6 of the Local Government Act 2002. |
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| December 2008 |
Safeguarding Councils' Internet Access
Every now and then a piece of legislation comes along that contains a real sting in the tail for councils.
The Copyright (New Technologies) Amendment Act 2008 is a timely example of this.
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| October 2008 |
How will your organisation manage when the price of oil rises?
The newly formed Land Transport Agency recently released a report that investigates the management of transportation challenges when the price of oil rises. It looked at ways that central government, regional councils and territorial authorities could respond to rises in the price of oil. Brookfields assisted on preparation of this report.
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| July 2008 |
Sale of Liquor Bill
The Sale of Liquor (Objections to Applications) Amendment Bill 2008 ("the Bill") aims to place stringent controls on the licensing provisions under the Sale of Liquor Act 1989 ("the Act"). |
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| July 2008 |
Policy Registers and Decision Making
A policy register enables compliance with section 80 of the LGA. It promotes consistency and streamlining of decision-making processes by ensuring all polices and plans can be found in one centralised and up to date location. |
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| June 2008 |
So Who Would Be A Mayor – Or A Public Servant?
The role of Mayor in Auckland is under the spotlight by the Royal Commission of Inquiry into Local Government in Auckland. |
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| June 2008 |
Graffiti – A Tale Of Two Bills
When the Manukau City Council forwarded its Manukau City Council (Control of Graffiti) Bill to the Clerk of the House in August 2005 it hoped, with the support of local member the Honourable George Hawkins, to see its Local Bill become law within a few months, or at the latest early in 2006. |
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| March 2008 |
Building Amendment Act
The Building Amendment Act 2008 came into force on 15 March 2008. We summarise the changes. |
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| November 2007 |
Trust Law – Special Edition – Charitable Organisations
Charities Act 2005
The Charities Act 2005 (“the Act”) has introduced some major changes to how the charitable sector operates in New Zealand. The Act has established a Charities Commission to register and monitor charitable entities in New Zealand. |
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| October 2007 |
Royal New Zealand Federation of the Blind v Auckland City Council
In a recent Supreme Court decision it was unanimously decided to dismiss an appeal by the Royal New Zealand Foundation of the Blind (RNZFB) on the question whether the land it owns in Parnell, Auckland, is liable for local body rates. |
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| October 2007 |
Negligence claim against Council struck out
The recent High Court decision of Te Mata Properties Limited & Or v Hastings District Council & Ors provides useful clarification of the tests that will be applied where local bodies are faced with liability claims for leaky commercial and industrial buildings. |
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| July 2007 |
Destruction
Orders Under the Dog Control Act 1991
An important observation about natural justice and the destruction of dogs under the Dog Control Act 1991. |
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| May 2007 |
A Whole lot of Wind
A recent decision by the Environment Court declining consents to a stage 2 expansion of an existing wind farm has again ignited political debate about the effectiveness of the RMA. |
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| March 2007 |
Weathertight Homes Resolution Service
A range of new measures has been introduced which target the concerns of the public raised in consultation. Specifically the new Act aims to speed up the processing of claims, giving new wider ranging powers to implement relief and creating a new structure for the adjudication of matters. |
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| November 2006 |
Environment Court - Decision on complex subdivisions
A brief glimpse back through the annals of property disputes reveals that few matters are more contentious, and more likely to end up in protracted and expensive litigation, than those concerning property access. |
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| October 2006 |
Where Does The Buck Stop?
You would have heard and no doubt read about the ongoing battle to establish a marina at Whangamata. The High Court’s finding that Chris Carter had mis-stepped in considering the Environment Court’s recommendation makes for interesting reading. We summarise it in this article. |
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| October 2006 |
Best Practice Decision-making
We recently came across a list of questions that might usefully be asked at the outset and in the course of a decision-making process, to ensure that it is fair, procedurally correct, and does not encompass a breach of natural justice. |
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| August 2006 |
Care Required in Inspection of Building Works
In the recent High Court case, MacRae v Buller District Council, Chisholm J examined the right of a council building inspector to enter onto land and collect evidence leading to a prosecution. |
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| June 2006 |
Codes of Conduct
Councils are required to have codes of conduct for their elected members. The
Auditor General has released a report on the implementation by councils of
these codes. |
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