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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

Bridget Parham

Partner

James MacGillivray

Partner

Kate Cornegé

Partner

Mark Renner

Partner

Peter Duncan

Partner

Theresa Le Bas

Partner

Linda O'Reilly

Special Counsel

Dr. Edward Willis

Consultant

Jill Gregory

Senior Associate

Megan Crocket

Senior Associate

Wendy Embling

Senior Associate

Beth Ford

Associate

Kahlia Goss

Solicitor

Knowledge and insights

Councils challenge to transfer of water services rejected in High Court

Thursday 30 March, 2023

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Severe Weather Emergency Legislation Act 2023: Part 2

Monday 27 March, 2023

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Climate Change: Rebuild or managed retreat?

Monday 20 March, 2023

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Big changes for Local Government: have your say!

Tuesday 24 January, 2023

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Snapshot on penalties for environmental offending

Monday 12 December, 2022

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Are councils obliged to provide a forum for unpopular views?

Thursday 8 December, 2022

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Land Information Memoranda reports just got even trickier

Tuesday 6 December, 2022

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Snapshot on Emergency/Social Housing

Tuesday 22 November, 2022

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Moving the Agenda for Local Government Along

Wednesday 9 November, 2022

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Don't let the future run you over

Tuesday 25 October, 2022

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Local government on the edge

Monday 10 October, 2022

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When the rubber hits the road - All aboard Aotearoa's challenge

Tuesday 11 October, 2022

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Will proposed changes lead to better streets?

Tuesday 11 October, 2022

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Declarations that an Enactment Inconsistent with Bill of Rights

Tuesday 11 October, 2022

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Consent to consenting: The limits of written approval

Tuesday 11 October, 2022

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Cracking the Code: Challenges to Council Codes of Conduct

Tuesday 11 October, 2022

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Is a kiwifruit licence part of the rateable value?

Tuesday 11 October, 2022

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Proposed mandatory consideration of specific Māori representation

Tuesday 11 October, 2022

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The $4 million filing error

Tuesday 11 October, 2022

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An opportunity for metro council local alcohol policies?

Tuesday 19 July, 2022

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New Regime for Protected Disclosures (Whistleblower legislation)

Wednesday 29 June, 2022

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New mask exemption cards- what you need to know

Tuesday 12 July, 2022

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Maunga Authority out on a limb over tree removal

Tuesday 12 July, 2022

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Scope of Court Orders for “Work Required to Be Done” in Easements & Covenants

Tuesday 12 July, 2022

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No need to get bogged down in natural wetland definition… yet

Wednesday 13 July, 2022

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Time waits for no-one

Wednesday 13 July, 2022

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Court and councils swamped with wetland rules

Wednesday 13 July, 2022

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Fair Pay Agreements Bill

Wednesday 13 July, 2022

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Park and (don't) ride

Thursday 9 June, 2022

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Three Waters reform under way

Wednesday 8 June, 2022

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New Process for Setting Speed Limits

Monday 16 May, 2022

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Feedback open on proposed changes to AUP for new housing rules

Wednesday 4 May, 2022

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Declarations not a backdoor to challenge resource consents

Wednesday 30 March, 2022

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New register of pecuniary interest in the works for Local Governments

Wednesday 30 March, 2022

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Notices of requirement are relevant for resource consent applications

Wednesday 30 March, 2022

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Court gives guidance on consultation and decision-making process

Wednesday 30 March, 2022

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Offer-back under the Public Works Act

Thursday 31 March, 2022

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Next steps for Three Waters?

Wednesday 9 March, 2022

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Tompkins Wake assists billion-dollar development to proceed

Tuesday 21 December, 2021

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Cultural evidence and the continued draw of the overall judgment

Tuesday 21 December, 2021

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Supreme Court upholds environmental bottom line

Tuesday 21 December, 2021

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Fluoridation debate lifted from shoulders of local government

Tuesday 21 December, 2021

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Auckland bed tax declared invalid

Tuesday 21 December, 2021

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Three Waters Proceeds

Tuesday 21 December, 2021

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Review into the Future of Local Government

Tuesday 21 December, 2021

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Tompkins Wake a triple winner at the 2021 NZ Law Awards

Friday 19 November, 2021

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Will RMA changes help fix New Zealand's housing problem?

Wednesday 20 October, 2021

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Judicial review of Hamilton City Council's development contributions policy

Tuesday 5 October, 2021

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Guidelines for engagement with Māori

Tuesday 5 October, 2021

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Filing appeals - time limits and waivers

Tuesday 5 October, 2021

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Flight or fight: Does a promise to the community matter?

Tuesday 5 October, 2021

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Council faces costs award for deficient prosecution

Tuesday 5 October, 2021

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Frosty neighbours win against council's erroneous decisions

Tuesday 5 October, 2021

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Guidance on Development Contributions

Tuesday 14 September, 2021

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Are councils obliged to provide a forum for unpopular views?

Monday 26 July, 2021

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Lease of Wanaka Airport set aside due to insufficient consultation

Tuesday 15 June, 2021

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What if an abatement notice requires you to breach the Resource Management Act?

Tuesday 15 June, 2021

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Shelly Bay development comes one step closer

Tuesday 15 June, 2021

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From car parking fine to judicial review of a council’s code of conduct

Tuesday 15 June, 2021

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Local council ordered to pay costs!

Tuesday 15 June, 2021

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“No ‘wine-ing’ covenants” declined for a subdivision consent in Gibbston Valley

Tuesday 15 June, 2021

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Promise to engage on consent application has consequences!

Tuesday 15 June, 2021

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What is the future for local government?

Tuesday 27 April, 2021

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Can councils revive a lapsed resource consent?

Thursday 18 March, 2021

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Councils remain liable for compliance of contractors with the RMA

Thursday 18 March, 2021

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No generic court orders for compulsory seismic work

Thursday 18 March, 2021

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Parliament to remove barriers for Māori wards

Thursday 18 March, 2021

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Can end use be considered in a resource consent application?

Thursday 18 March, 2021

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Can the Environment Court decide who is primary mana whenua?

Thursday 18 March, 2021

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Council sent back to the drawing board on climate change

Thursday 18 March, 2021

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Lapsed consent, waiver and time limit extension powers

Monday 7 December, 2020

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Appropriateness of zoning privately owned land as open space

Monday 7 December, 2020

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COVID-19 Recovery (Fast-Track Consenting) Act 2020

Friday 31 July, 2020

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Resource Management Amendment Act 2020

Friday 31 July, 2020

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Modification of a notice of requirement

Friday 31 July, 2020

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Council's obligations on an application for a certificate of compliance

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Waikato assist Auckland water shortage crisis

Friday 31 July, 2020

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National Environmental Standards for Freshwater

Thursday 13 August, 2020

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Building Act changes announced by Government

Thursday 16 July, 2020

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Draft National Policy Statement for Indigenous Biodiversity

Thursday 12 December, 2019

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Local Government Amendment Bill (No 2) passed

Thursday 12 December, 2019

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Stage 1 of Resource Management Act reforms

Thursday 12 December, 2019

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Who can bring an appeal under the RMA?

Thursday 12 December, 2019

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When will the Environment Court recall a judgment?

Thursday 12 December, 2019

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Can an easement be granted over an esplanade reserve for a commercial activity?

Thursday 12 December, 2019

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Can a regional council prohibit fishing in a specific area?

Thursday 12 December, 2019

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Draft National Policy Statement for Highly Productive Land

Thursday 3 October, 2019

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Draft National Policy Statement for Urban Development

Thursday 3 October, 2019

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Withdrawing Charges under the RMA

Thursday 3 October, 2019

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A Common Sense Framework for Managing Buildings Post Emergency

Thursday 3 October, 2019

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Productivity Commission Draft Report

Thursday 3 October, 2019

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Gibbston Vines Ltd v Queenstown Lake District Council

Thursday 3 October, 2019

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Resource Management Act Review

Thursday 3 October, 2019

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Consultation is not a "referendum"

Thursday 3 October, 2019

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Climate Change Response (Zero Carbon) Amendment Bill

Thursday 3 October, 2019

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Stage Two of the Reserve Bank Act Review

Thursday 3 October, 2019

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Tompkins Wake a proud sponsor of influential infrastructure symposium

Wednesday 21 August, 2019

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Resource Management Act Review

Tuesday 30 July, 2019

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Quarry covenants affecting Synlait's new Pokeno dairy factory

Thursday 20 June, 2019

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Consultation obligations for Outsourcing contracts

Thursday 20 June, 2019

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Local authority requiring monetary contributions on designations

Thursday 20 June, 2019

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What timely legal advice could have avoided

Thursday 20 June, 2019

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Bella Vista: MBIE Report highlights failure to perform statutory functions

Tuesday 9 April, 2019

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High Court strikes out a judicial review for trade competition

Tuesday 9 April, 2019

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Government establishes new Infrastructure Commission

Tuesday 9 April, 2019

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RMA reform to start by fixing the government's blunders

Wednesday 28 November, 2018

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Email quarantine: getting it right

Wednesday 28 November, 2018

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Auckland Council's restrictions on stadium reports upheld

Wednesday 28 November, 2018

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The Government's Three Waters Review

Wednesday 28 November, 2018

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Recent decision on "affected persons" highlights the importance of context

Wednesday 28 November, 2018

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Court of Appeal Decision in R J Davidson Family Trust

Thursday 27 September, 2018

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The role of Councils in the 'foreign buyer ban'

Thursday 27 September, 2018

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High Court finds Council liable in negligence for damage from fallen tree

Thursday 27 September, 2018

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Bella Vista learnings

Tuesday 24 July, 2018

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Supreme Court upholds councils' power to fluoridate water

Tuesday 24 July, 2018

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Should Councillors see Council reports?

Tuesday 24 July, 2018

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New RMA Compliance Oversight Unit and best practice guidelines

Tuesday 24 July, 2018

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Court upholds sensible approach to local authority works on private property

Tuesday 24 July, 2018

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High Court guidance on HASHAA

Thursday 3 May, 2018

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New guidance on publicly available official information

Thursday 3 May, 2018

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Environment report highlights serious land issues

Thursday 3 May, 2018

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New Local Government Bills

Thursday 3 May, 2018

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Alert: Ombudsman's warning to Local Government

Friday 9 March, 2018

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Ombudsman disturbs confidential settlement agreement

Thursday 3 May, 2018

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Minister to reverse new non-notification law

Thursday 23 November, 2017

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New Bill extends enforcement powers under the LGA

Friday 15 September, 2017

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Requiring authority status for irrigation scheme operators

Thursday 13 July, 2017

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Bribery of a public official

Thursday 13 July, 2017

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Increased Compensation available under the Public Works Act

Monday 12 June, 2017

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