Holland Beckett has specialist experience dealing with Local Government, including extensive work for, with and against Councils. As a full-service firm, we are able to draw on expertise in a range of areas including environment, planning, regulatory prosecutions, Māori Law and property to support solutions for Local Government entities and those who work with them.
All of Government Legal Services
Holland Beckett is an ‘All of Government Legal Services Panel’ provider in all areas:
- Banking and Finance;
- Corporate and Commercial;
- Employment;
- Environment and Resource Management;
- Health & Safety;
- Litigation;
- Property and Construction; and
- Public.
Our Experience Includes:
- Representing the Whakatāne District Council, Opotiki District Council and Kawerau District Council in relation to appeals against the Local Alcohol Policy.
- Advising local authorities on reserve land exchange processes, change in classification of reserve land, and leases of recreation reserves for marina and berth purposes, under the Reserves Act 1977.
- Advising private clients on long term plans and annual plans including filing submissions and appearing at Council hearings regarding proposed resource consent charges, funding on infrastructure projects and consultation documents.
- Advising body corporates on Notices to Fix and Dangerous Building Notices under the Building Act 1991.
- Advising clients on Tauranga City Council’s Development Contributions Policy including seeking reconsideration of assessed development contributions under the Local Government Act 2002.
- Advising council-controlled organisations on compliance with Local Government Official Information and Meetings Act 1987 (LGOIMA) and specific requests.
- Advising clients in respect of acquisitions under the Public Works Act 1981 including with respect to statutory processes (notice of objection) and negotiations.
- Routinely dealing with LGOIMA requests.
Our Local Government Team
Vanessa Hamm
Tauranga
tel:+6479272754
mailto:vanessa.hamm@hobec.co.nz
Jeremy Sparrow
Tauranga
tel:+6479272758
mailto:jeremy.sparrow@hobec.co.nz
Tim Conder
Tauranga
tel:+6479287093
mailto:tim.conder@hobec.co.nz
Bridget Bailey
Tauranga
tel:+64274661347
mailto:bridget.bailey@hobec.co.nz
Laura Murphy
Tauranga
tel:+64273913161
mailto:laura.murphy@hobec.co.nz
Rebecca Irvine
Tauranga
tel:+6475713852
mailto:rebecca.irvine@hobec.co.nz
Jemma Hollis
Tauranga
tel:+642041054443
mailto:jemma.hollis@hobec.co.nz
Related News & Resources
Compliance Comes Due on Rotorua’s Lakes
Commercial activities on Lakes Rotorua and Rotoiti have been slapped with potential delays and prohibitions following Council’s recent vow to review consenting obligations of existing operators.
For many, seeking a resource consent is costly, time consuming and uncertain. This can make or break businesses, but so too can a prohibition against operating. When a business is noncompliant with its consenting requirements enforcement is either at the whim of Council, or a time machine.
What is unusual about the situation in Rotorua is the number of operations caught without a consent. So just how did so many companies get it wrong?
Operating by right, until you’re not
In 2016 the Rotorua District Plan introduced rule WTRZ-R12, requiring anyone wishing to operate “commercial outdoor recreation activities, including associated buildings and structures” on Lakes Rotorua or Rotoiti to obtain a discretionary resource consent. Prior to 2016 this resource consent was not needed.
For existing operators, even those who have operated on the lakes for decades, section 10A of the Resource Management Act 1990 (RMA) could be followed. This section allows existing commercial activities to continue if:
The activity began before rule WTRZ-R12 came into force;
The activity’s effects have remained “the same or similar in character, intensity, and scale” after the rule’s commencement; and
Consent under the new rule is applied for within 6 months of the rule becoming operative.
If the above requirements are met the activity may continue to be carried out until the consent application is determined (including any appeals).
The rule became operative in July 2016 along with the entire plan. This meant that, if no consent was applied for by January 2017, existing operators would be noncompliant and open to Council enforcement.
‘Forgotten’ consenting ≠ blind compliance
It seems the Council hadn’t enforced the rule until the Lakeland Queen’s liquor licencing application in 2025.
Launched in 1986, the Lakeland Queen dining cruiser has voyaged Lake Rotorua up until its recent hiatus to restore the vessel. After completion in 2025, its subsequent liquor licence application was denied as it did not hold the required consent under rule WTRZ-R12. The Council noted:
“Now that this situation has come to light, we are also looking into the status of other operators and will work with anyone affected to address any consenting requirements.”
In March 2026 the Council had identified 14 noncomplying businesses and had given them 14 days to lodge, or show evidence that they have begun to prepare, an application for consent. This was generous and not required by Council. Those 14 days are now up, leaving any remaining noncompliance issues to be worked through by Council.
Navigating your planning risks
Noncompliance with the RMA or local planning documents is not forgiven simply because the Council neglects to police it. They remain enforceable by Council whether the operator knows the rules or not. Businesses are responsible for their own education of the planning framework and compliance with it.
At Holland Beckett we understand that navigating Aotearoa’s dense planning framework is a difficult, but necessary job for businesses. We help our clients stay updated with their planning responsibilities, plan changes, law reforms and other Governmental processes – we value proactivity wherever possible.
Ensuring compliance with planning provisions is our bread and butter. Our advice is steeped in a sound understanding of the law and commercial risks to find sensible solutions for our clients.
To get ahead of your commercial planning risks, contact our specialist environment and planning team.