Local Government
Our specialist Local Government practice advises councils, local authority and private sector clients interacting with local government.
Acting for a significant number of local authorities across New Zealand, our team are experts in the Local Government Act. We understand the diverse nature of local government and our clients’ legal, regulatory and political risks.
Tompkins Wake provides legal support and strategic advice across the entire spectrum of local authority governance and operations – from the day-to-day provision of local infrastructure, local public services and numerous regulatory and enforcement functions, to strategic advice on policymaking, law reform, and long-term planning.
Our Local Government team has an in-depth understanding of how councils work and the nature of public decision-making and accountability; helping our Local Government clients to ensure their decision-making is consistent with statutory, public and administrative law obligations and wider policy frameworks.
In the private sector, we work to help our clients navigate the complexities of policy and regulation to achieve their commercial outcomes. Our experience in the local government sector enables us to establish and position commercial interests with key decision-makers.
The team works alongside specialists from across Tompkins Wake to ensure our clients have access to the operational and strategic expertise they need on every matter.
Recent examples of our work:
- AGPAC and Others v Hamilton City Council Co-counsel (with Alan Galbraith QC and Lachlan Muldowney) for Hamilton City Council successfully defending a wide-ranging judicial review challenge to its development contributions policy.
- Advised Hamilton City Council, Rotorua Lakes Council and Waikato District Council on their Provisional Local Alcohol policies.
- Representing Hamilton City Council in successfully resolving High Court judicial review proceedings in relation to our client’s local approved products policy (re legal highs) and in relation to fluoridation of the water supply.
- Representing South Waikato District Council in successfully defending a claim alleging breach of a process contract in relation to a council tender.
- Rotorua Lakes Council – petition for enquiry relating to the conduct of the 2016 local government elections.
- Advised Hamilton City Council on its rating review and change from a land value to a capital value rate.
- Advised Rotorua Lakes Council on its Iwi engagement strategy and governance structure in order to achieve compliance with Local Government Act obligations concerning Maori involvement in decision-making.
- Advising Hamilton City Council on its 2013 development contributions policy and associated growth funding.
- Acting for councils on a range of significant infrastructure projects, including the New Zealand Transport Agency’s Waikato Expressway and Huntly and Cambridge Bypasses.
Areas of expertise:
- Bylaws and Policies
- Constitutional Law
- Heritage Processes
- Official Information (LGOIMA)
- Public Works Act
- Judicial Review Proceedings
- Public Accountability
- Public Private Partnerships
- Regulatory and Enforcement Powers
- Council Hearings
- Development Contributions
- Governance and Management
- Decision Making
- Local Government Elections
- Reserves and Endowment Land
- Services and Powers
- Warrants
- Long Term Plan and Annual Plans
- Rating Reviews
- Revenue Policy
- Council Controlled Organisations
- Sale and Supply of Alcohol
- Law Reform
- Roading
Local Government team
Knowledge and insights
Councils challenge to transfer of water services rejected in High Court
Thursday 30 March, 2023
When the rubber hits the road - All aboard Aotearoa's challenge
Tuesday 11 October, 2022
Declarations that an Enactment Inconsistent with Bill of Rights
Tuesday 11 October, 2022
Proposed mandatory consideration of specific Māori representation
Tuesday 11 October, 2022
New Regime for Protected Disclosures (Whistleblower legislation)
Wednesday 29 June, 2022
Scope of Court Orders for “Work Required to Be Done” in Easements & Covenants
Tuesday 12 July, 2022
New register of pecuniary interest in the works for Local Governments
Wednesday 30 March, 2022
Notices of requirement are relevant for resource consent applications
Wednesday 30 March, 2022
Court gives guidance on consultation and decision-making process
Wednesday 30 March, 2022
Cultural evidence and the continued draw of the overall judgment
Tuesday 21 December, 2021
Fluoridation debate lifted from shoulders of local government
Tuesday 21 December, 2021
Judicial review of Hamilton City Council's development contributions policy
Tuesday 5 October, 2021
Lease of Wanaka Airport set aside due to insufficient consultation
Tuesday 15 June, 2021
What if an abatement notice requires you to breach the Resource Management Act?
Tuesday 15 June, 2021
From car parking fine to judicial review of a council’s code of conduct
Tuesday 15 June, 2021
“No ‘wine-ing’ covenants” declined for a subdivision consent in Gibbston Valley
Tuesday 15 June, 2021
Councils remain liable for compliance of contractors with the RMA
Thursday 18 March, 2021
Can an easement be granted over an esplanade reserve for a commercial activity?
Thursday 12 December, 2019
A Common Sense Framework for Managing Buildings Post Emergency
Thursday 3 October, 2019
Tompkins Wake a proud sponsor of influential infrastructure symposium
Wednesday 21 August, 2019
Local authority requiring monetary contributions on designations
Thursday 20 June, 2019
Bella Vista: MBIE Report highlights failure to perform statutory functions
Tuesday 9 April, 2019
Recent decision on "affected persons" highlights the importance of context
Wednesday 28 November, 2018
High Court finds Council liable in negligence for damage from fallen tree
Thursday 27 September, 2018
