News

The Supreme Court, in a two part judgment, determined customary rights in the foreshore and seabed in the Eastern Bay of Plenty.

The High Court dismissed an application for judicial review of the Wellington City Council’s installation and maintenance of the rainbow crossing. The Court found the Council acted lawfully when it installed the crossing and was permitted to continue its maintenance.

Muaūpoko Tribal Authority (Muaūpoko) and Te Rūnanga o Raukawa (Raukawa) succeeded at the Court of Appeal in an application to quash an exemption for specified vegetable-growing regions from national bottom-lines (the “Vegetable Exemption”) in the 2020 National Policy Statement for Freshwater Management (“NPS-FM”).

Hon Simon Watts, Minister for Local Government, introduced the Local Government (System Improvements)Amendment Bill aimed at reducing pressure on council rates.

Director Brigitte Morten on RNZ's Nine to Noon.

The Court of Appeal upheld a High Court decision to decline a property developer’s application for summary judgment that it was the “Controlling Member” of a residents’ society, formed for the purpose of a development. The Court upheld a summary judgment that the “Controlling Member” position had been disestablished when developer had sold all its land in the development.

A local authority was liable to a landowner for taking enforcement action against them under the Resource Management Act 1991 without checking their records as to whether the use of the land was consented.

The Court of Appeal upheld the High Court’s declaration that a non-statutory process that allowed pokie machine operators to relocate was unlawful under the Gambling Act 2003.

The Restructuring Insolvency and Turnaround Association of New Zealand (“RITANZ”) declined Mr Kamal’s application for membership on character grounds. The High Court dismissed his application to quash that decision, but issued a declaratory judgement in his favour. The Court of Appeal upheld RITANZ’s decision to decline his membership application and allowed a cross-appeal by RITANZ against the declaratory judgement, which relaxed the procedural standards the High Court set for RITANZ when determining applications.