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Building and weathertightness defects – information for Body Corporates and owners

Leave a Comment / Civil Litigation & Dispute Resolution, Property Law / By

The apartment building is suffering from building defects, what should be done? Defects (whether workmanship, or materials) commonly lead to weathertightness issues and further deterioration of the building and materials. Depending on when the building was constructed, or previous remedial work carried out, there may also be various warranty periods that are important. Where an …

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RMA Reforms: What is the Spatial Planning Bill?

Leave a Comment / Environment & Planning, Renewable Energy & Climate Change / By

The Spatial Planning Bill (SPB) is New Zealand’s first formal framework for spatial planning and requires central government, local government and Māori to work together as a regional planning committee (RPC) to develop a regional spatial strategy (RSS). As an overview, the SPB works in tandem with the Natural and Built Environment Bill (NBE Bill) …

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Fair Pay Agreements Act 2022

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The Fair Pay Agreements Act 2022 came into effect on 1 December 2022. The Act creates a statutory framework for collective bargaining for Fair Pay Agreements (FPA) that provides for a mandatory, sector-wide collective bargaining regime. FPAs will also supplement collective bargaining between unions and employees, as well as bargaining for individual terms and conditions. …

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RMA Reforms: Contaminated Land and Polluter Pays Principle

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The Natural and Built Environment Bill (NBE Bill) has introduced provisions into the NBE Bill to clarify and improve the management of contaminated land, and introduces a framework for the polluter pays principle. In the Resource Management Act 1991 (RMA) there are no sections that regulate contaminated land. Instead regulations for contaminated land are located …

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RMA Reforms: Consenting under the New RMA

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It’s just on two weeks since the new RMA was revealed with the introduction of the Natural and Built Environment Bill (NBA). An early look at consenting regimes under the NBA indicates that while some aspects are similar to the RMA, some aspects are very different. We highlight some of these differences below. Activity status …

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RMA Reforms: Allocation under the New RMA

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The Natural and Built Environment Bill (NBA) heralds the end of a traditional first-in first-served approach to resource allocation, particularly in respect of freshwater. The NBA introduces three resource allocation ‘principles’ – which are sustainability, equity, and efficiency. The National Planning Framework (NPF) can give further detail on the meaning of these principles, and they …

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All is fair in Consumer Contracts and Trade – Changes to the Fair Trading Act 1986

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The purpose of the Fair Trading Act 1986 (FTA) is to promote confidence and fair competition amongst business and provides a number of rights to consumers. The Commerce Commission works hard to enforce fair and proper trade practices of businesses providing goods and services to the New Zealand market. A recent example being the $840,000 …

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Cooling on the use of Fluorinated Gases

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As part of the Government’s goal to reduce fluorinated gases including hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride – the Government is currently consulting on a product stewardship scheme for refrigerants such as heat pumps and refrigerators, and prohibiting the import and sale of equipment pre-charged with fluorinated gases when alternatives are available. Fluorinated gases have a …

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RMA Reforms: First Look at the New RMA

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After much anticipation, the Government has now unveiled two of the three new replacements to the Resource Management Act 1991 (RMA)– the Spatial Planning Act (currently the Spatial Planning Bill) (SPA); and – the Natural and Built Environment Act (currently the Natural and Built Environment Bill) (NBA)). The third bill is the Climate Adaptation Act …

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The Water Services Act – what you need to know

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The Water Services Act 2021 (“the Act”) has become a key consideration for rural water supply arrangements. The Act is being implemented in a staged manner, and some additional requirements have just come into effect. While its main purpose is focussed on safe drinking water, it also sets out obligations with respect to wastewater and …

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