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Operative plans and proposed plans: what to do when there is a significant policy shift?
Considering both operative and proposed planning provisions when making a decision on a resource consent application is rarely a straight-forward exercise. This can be more difficult...
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Don't let the future run you over
Welcome to all newly elected and re-elected mayors, chairs, councillors, local and community board members. I am by nature an impatient person. Yet I have been patiently...
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Government Infrastructure Announcement
The Government recently announced the details of over $7 billion in infrastructure spending, with $5.3 billion allocated to roading, including cyclepaths and footpaths, $1.1 billion to...
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Bundling permitted activities
The High Court recently considered whether permitted activities can be bundled with more restrictive activities in a resource consent application. Marlborough District Council v Zindia Limited[1][file://10.7.82.13/authors/KAC/doc/C28FFACB-12DD-476A-A60D-CACC6B494C8E.docx#_ftn1]...
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Avoiding double penalties when sentencing a company and director
In Southland Regional Council v Erskine,[1][file://10.7.82.13/authors/KAC/doc/C28FFACB-12DD-476A-A60D-CACC6B494C8E.docx#_ftn1] a recent District Court sentencing under the RMA,[2][file://10.7.82.13/authors/KAC/doc/C28FFACB-12DD-476A-A60D-CACC6B494C8E.docx#_ftn2] the Court considered whether it would be a double penalty to impose...
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The Hillfarrance Scout Fund
Rob called with yet another initiative. “I’m going to launch a Scout Fund in New Zealand” he said. Well, that sounds interesting. We have heard a...
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Changes to overseas investment rules post COVID-19 - Emergency Notification Regime
Businesses hoping for foreign investment to help them survive after the COVID-19 lockdown need to be aware of the proposed changes to the Overseas Investment Act....
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Tompkins Wake named as an employer of choice
We are delighted to have been named as a top workplace in the NZ Lawyer Employer of Choice 2020 list. The list showcases legal employers from...
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Penalty clauses and public policy
Sometimes when parties enter into a contract, they anticipate that one of them might not fulfil their contractual obligations. Instead of seeking a remedy from the...
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Fair rent reduction for all commercial leases
In a new scheme announced on Thursday, commercial landlords may now have to allow a reduction in rent where an eligible tenant has suffered a material...
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