News

The High Court confirmed local authorities do not carry the Crown’s Treaty duties, other than where specifically statutorily prescribed. The judicial review application by trustees of Te Rūnanga a Rangitāne o Wairau Trust, the legal representative of the Rangitāne o Wairau iwi (“Rangitāne”), as against the Marlborough District Council (“MDC”), was dismissed.

Franks Ogilvie has become aware of a political action campaign against Franks Ogilvie and Director Stephen Franks following a letter sent on behalf of a firm client, Inflection Point NZ.

Thorndon Quay Collective Incorporated ("TQC") successfully secured a declaration that Wellington City Council ("WCC") failed to properly consider all reasonable options when making a decision to reconfigure angle parking to parallel parking on Thorndon Quay, as required by the Local Government Act 2002 ("LGA").

A member of Tuhoe successfully challenged a decision to demolish a number of huts in Te Urewera.

The High Court declined Te Runanga O Ngati Whatua’s application to judicially review the Kaipara District Council’s decision to disestablish its Māori Ward. The key issue was whether the Council was required to consult with local iwi and hapū before making the decision.

A decision by a local authority to appoint a chair for a major council-controlled organisation was unlawful for failure to consider the relevance of knowledge of tikanga Māori.

As part of the coalition agreements with ACT and NZ First, the Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Act 2024 (“Amendment Act”) was passed. This reintroduces the requirement that local government hold public polls to establish Māori Wards and Constituencies rather than being able to establish them by resolution.

A husband and wife were unsuccessful in claiming against a local authority for a mistaken assurance that their pool complied with the Fencing of Swimming Pools Act 1987 (“FOSPA”).

In late 2023, the coalition government between the National, ACT and New Zealand First took office. The National/ACT coalition agreement stated that the Government would repeal s 7AA of the Oranga Tamariki Act 1989. The repeal policy originated with ACT and ACT MP Karen Chhour became the Minister for Children.