Resources and publications

Ngā rauemi me ngā tānga

Search guidescase notesopinionsreports and other information. Resources and publications can also be searched by date and other options. 

Use the search bar to make your search. Then use the filters to narrow down the results by resource type or topic. 

  • Tertiary Council appointments process controlled by Council

    Case notes
    Nomination for appointment to Tertiary Council pursuant to s 171(2)(f)(ii) Education Act 1989 required workers’ organisation to be consulted—Council refused to appoint organisation’s sole nominee and sought further nominations from organisation—appointment process stalled—alleged unreasonable failure by Council to consult—Ombudsman held consultation confers no rights on an organisation and that Council controlled appointments process
  • Local Authority cannot call ‘workshop’ a meeting for purposes of LGOIMA

    Case notes
    Council Workshop—decisions not formally made—requirements of the Act cannot be avoided by calling a meeting a workshop—Local Government Official Information and Meetings Act 1987, s 45(1)
  • Councils required to add to LIM matters on neighbouring property if relevant

    Case notes
    Purchaser requested LIM from Council on property he was considering buying—LIM received and property purchased—after purchaser gained possession he discovered neighbour had building consent to drain storm water into his drain—building consent not referred to in LIM report—purchaser sought removal of drain and records about drain, and reimbursement of legal costs—Council advised its practice was to note consents only on applicant’s file - Ombudsman held Council’s actions unreasonable—Council agreed to pay compensation
  • Council should pay for cost of obtaining second legal opinion on straightforward matter raised by complainant

    Case notes
    Property owner disagreed with Council that resource consent was necessary for building house—Council sought external legal advice and billed property owner who refused to pay—Council went to Disputes Tribunal which ordered property owner to pay all legal fees and court costs—property owner complained to Ombudsman who considered legislation and found it to be unambiguous that both the operative and proposed district plans must be complied with—Council agreed issue was straightforward and was aware of legislation and relevant case law—Ombudsman did not consider it necessary for further advice to be obtained on issue—view formed that it was appropriate for Council to exercise discretion under s36(5) of Resource Management Act 1991 and remit charge—in circumstances, Ombudsman also considered it unreasonable for Council not to remit Court and solicitor’s costs payable pursuant to Disputes Tribunal order—recommended all costs be remitted