PUBLICATIONS

In the last issue of this publication we posed the question “A council, a luxury lodge and a fire – Te Mata applied?”.

In Te Mata Properties Limited v Hastings District Council, the court of appeal recently upheld the high court’s decision to strike out a leaky building claim against the Hastings District Council.

Councils are required to keep records. The public can gain access to those documents by making requests under the Local Government Official Information and Meetings Act 1987 (LGOIMA). The council will also be obliged to disclose relevant documents once court proceedings are issued. A prudent council will want to prevent confidential advice from experts and legal advisors from being disclosed. This article explores a council’s right to maintain privilege for such documents so that it is not required to disclose them.