Jenny Turner and Mike Doesburg, Partners at Wynn Williams who have expertise in negotiations and acquisition of land under the PWA. Valuing land that is to be taken for any public work under the Public Works Act 1981 (PWA) is a complex process. The PWA attempts to strike a delicate balance between achieving public benefits by allowing compulsory acquisition of land for the efficient development of infrastructure at a reasonable cost, and fairly compensating owners for the loss of their private property rights. Section 60 of the PWA acknowledges that dispossessed landowners have a basic entitle ..read more

Jonathan Bhana-Thomson, CEO, Heavy Haulage Association. The specialist oversize sector of the road transport industry involves the movement of large indivisible items on transporters for their clients. which include local authorities. Examples of this are concrete and steel beams for bridges upgrades, the movement of large construction equipment for roading developments, and pre-fabricated items for construction and development projects such as treatment plants, or council facilities. We also provide transport services to businesses, contractors, developers and ratepayers to construct thriving ..read more

Frana Divich, Partner, Heaney and Partners. On 7 February 2024 the Supreme Court allowed a novel climate change case called Smith v Fonterra Co-Operative Group Ltd [2024] NZSC 5 to proceed to trial. It is a case that follows on from a number of climate change cases around the world where Courts have been prepared to make factual findings that climate change is related to anthropogenic CO2 emissions; address problems associated with ‘climate change’ rather than defer to Parliament; and find a basis for intervention by expanding the “duty of care” in the torts of negligence or nuisance, and in h ..read more

In Muaupoko Tribal Authority Incorporated v Minister for the Environment [2023] NZCA 641, the Court of Appeal upheld a claim for judicial review against the National Policy Statement for Freshwater Management 2020 (NPS-FM), quashing an exemption relating to freshwater quality targets. By Emmalene Lake, Associate at Wynn Williams. This is a relatively rare occurrence given that national policy statements are made by ministerial decision, and there is limited ability to challenge the provisions of such a policy. National direction (and in particular, national policy statements) sits at the top o ..read more

By Bryce Edwards, Political Analyst in Residence, Director of the Democracy Project, School of Government, Victoria University of Wellington. Democracy Project (https://democracyproject.nz). Wellington City has become a great case study for those that are suspicious that both local and central government politicians have become enthralled by property developers, the “professional managerial class”, and other vested interests. Politicians from parties of both left and right are increasingly seen as being captured by such interests, regardless of whether they are Greens, National, or Labour. And ..read more

We are in one of the toughest periods for leadership in our modern history. If it feels that hard to you as a governance board member, or a C-Suite executive, you are not alone. By David Hammond, Executive Search Lead, Tribe. The reality is that the world in 2024 is incredibly more complicated than even a decade ago. This isn’t just for the local government sector: this is for the commercial and public sectors, and for charities too. Tribe is taking a very different approach to adapting to the challenges of performing leadership in 2024. Over the past 12 months we have put 120 top performing ..read more

There seems to be a unanimous view that New Zealand needs more and improved infrastructure. From roads to three waters, every council has a wish list of projects to support service delivery and provide for growth. By Mike Doesburg, Partner at Wynn Williams, specialising in local government and environmental law. However, infrastructure is expensive and someone needs to pay for it. A solution that has attracted attention recently is the concept of value capture. It has been considered in papers commissioned by government organisations and commissions, was being seriously considered alongside th ..read more

Operations like traffic management and aviation security need to be accountable for what they do, especially when they are operating under a public regulatory framework, and with public funding. By Peter Dunne, political observer. There was a hole in a quiet road near me recently. It was about three metres long. A repair crew came to fix it. That crew consisted of six people: a digger operator, someone directing the digger’s movements, two stop-go sign holders and their two supervisors. And at least 150 ubiquitous orange cones. The road was down to a single lane for most of its length. This sc ..read more

We are in one of the toughest periods for leadership in our modern history. If it feels that hard to you as a governance board member, or a C-Suite executive, you are not alone. By David Hammond, Executive Search Lead, Tribe. The reality is that the world in 2024 is incredibly more complicated than even a decade ago. This isn’t just for the local government sector: this is for the commercial and public sectors, and for charities too. Tribe is taking a very different approach to adapting to the challenges of performing leadership in 2024. Over the past 12 months we have put 120 top performing ..read more

There seems to be a unanimous view that New Zealand needs more and improved infrastructure. From roads to three waters, every council has a wish list of projects to support service delivery and provide for growth. By Mike Doesburg, Partner at Wynn Williams, specialising in local government and environmental law. However, infrastructure is expensive and someone needs to pay for it. A solution that has attracted attention recently is the concept of value capture. It has been considered in papers commissioned by government organisations and commissions, was being seriously considered alongside th ..read more