Public Sector

Easements Over Reserve Land

Created: Monday, 23 March 2015 19:59

Schmuck v Director General, Department of Conservation and Ors [2015] NZHC 422

It is always gratifying to have one's advice confirmed by the High Court, but even more so when it involves a matter that has been needlessly frustrating to all parties involved for over a decade.

The recent High Court decision of Heath J in Schmuck v Director General confirms that the granting of easements over reserve land under section 48 of the Reserves Act 1977 (the Act), can be for both specific and general purposes, and is sometimes a necessary adjunct of protecting land without stymying other activities that are in the public interest.

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Advertising Standards Authority and Local Government Reorganisation

Created: Wednesday, 04 March 2015 00:52

Greater Wellington Regional Council (GWRC) was subject to an Advertising Standards Authority (ASA) ruling on a "misleading" super-city advertisement that pushed for the city’s amalgamation.  The GWRC advertisement appeared in the Hutt News community newspaper and promoted the Local Government Commission's (the Commission) draft proposal for the reorganisation of the Wellington region. 

Hutt City Council (HCC) complained that GWRC's advertisement breached the advertising Code of Ethics.

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It's here so let's get to know it: The Local Government Act 2002 Amendment Act 2013

Created: Wednesday, 13 August 2014 03:55

The Local Government Act 2002 Amendment Bill (No 3) (the Bill) passed its final reading in Parliament on 30 July 2014 and received the Royal assent on 7 August 2014. We have previously given an overview of the Bill, which amends the Local Government Act 2002 (the Act), and was referred to the Local Government and Environment Select Committee (Select Committee) on 3 December 2013. We also commented in more detail on provisions in the Bill relating to development contributions and local boards. You can view a copy of the Select Committee's Report from 12 May 2014 here.

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The Background To A Contract Can Be Just As Important As The Terms Of That Contract

Created: Saturday, 15 February 2014 03:06

In a recent Supreme Court decision, Planet Kids Limited ("PK") v Auckland Council ("Council"), High Court and subsequent Court of Appeal decisions have been overturned. The question was whether a Public Works Act 1981 ("PWA") agreement between the parties was frustrated by the inability of PK to exactly comply with some of the terms of that settlement agreement and accordingly should be terminated.

The Supreme Court looked at the settlement arrangements between the parties in a broad manner rather than relying on strict interpretation of the contract provisions themselves and made it clear that the compensation provision in the PWA were not relevant as an agreement as to compensation had been entered into by those parties.

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Find Out What's Behind New Legislation

Created: Thursday, 12 September 2013 12:00

With the unceasing flow of new legislation impacting on the functions and operation of local authorities, there is a consistent need to comment upon and make submissions on new legislation.

This has now been made somewhat easier with the establishment of an administrative trial by the Parliamentary Counsel Office to provide online disclosure statements about bills and substantive supplementary order papers.

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Development Contributions Reform

Created: Tuesday, 27 August 2013 21:55

Surgery Without Major Trauma

The Minister of Local Government has taken the knife to development contributions, and has managed not to kill the patient.

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