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Our people are what makes Tompkins Wake. The expertise we have assembled from across New Zealand and around the globe gives our clients true expertise on every matter, every day.
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About Us
Located in Hamilton, Auckland and Rotorua, Tompkins Wake is nationally recognised for our excellence. We’ve built a solid reputation over nearly 100 years, focused on delivering exceptional solutions to our clients on the matters they trust us with.
Insights
First edition of the New Zealand Women's Law Journal released
Thursday 21 December, 2017
The first edition of the New Zealand Women’s Law Journal — Te Aho Kawe Kaupapa Ture a ngā Wāhine was recently released and is the only academic publication that is solely dedicated to publishing and supporting the work of women lawyers in New Zealand.
Tompkins Wake ranked among the best in Asia Pacific
Monday 11 December, 2017
Tompkins Wake has been ranked among the Asia Pacific region’s best performing law firms in the latest findings of global legal capability researcher The Legal 500, the only law firm in the Waikato and Bay of Plenty to make the list.
Tompkins Wake appoints three new Partners
Thursday 7 December, 2017
Tompkins Wake has appointed three new partners as it continues to grow its high level legal work presence in the North Island and its client following.
Minister to reverse new non-notification law
Monday 20 November, 2017
Environment Minister David Parker has indicated that the Government will attempt to reform the Resource Management Act 1991 (RMA) which was amended in April this year through the Resource Legislation Amendment Act 2017 (RLAA).
Actual and reasonable costs principles
Friday 10 November, 2017
Local authorities when levying additional charges pursuant to Section 36 of the Resource Management Act 1991 (RMA) must ensure that those charges reflect the actual and reasonable costs in relation to the activity. We review a recent High Court decision – Porirua City Council v Ellis [2017] NZHC 784 – where the Court upheld an Environment Court decision to substantially reduce charges payable to the Council from $78,357.36 to $49,687.72 (GST inclusive).
New Statutory requirements for consent conditions
Thursday 2 November, 2017
Section 108AA of the Resource Management Act 1991 (“the RMA”) was inserted as part of the recent resource legislation amendments and came into effect on 18 October 2017. The new section introduces restrictions which limit the scope of conditions that may be imposed on a resource consent, in addition to the requirements of sections 108 and 220.
Responding to a workplace accident
Tuesday 31 October, 2017
It is important to have a plan in place outlining how you will respond to a workplace accident in order to balance the need to satisfy your responsibilities under the Health and Safety at Work Act 2015 (‘the Act’) and the need to protect your interests in the event of a prosecution.
Slippery slopes: local authority liability for landslips
Tuesday 31 October, 2017
Councils owe various different potential duties in relation to damage caused by landslips. In this Legal brief, we comment on a recent case where a Council was held liable for damage caused by a landslip. While the slip itself was triggered by natural causes, the underlying instability was the result of earthworks carried out by the Council more than a decade earlier.
Forest and Bird decision
Friday 27 October, 2017
The recent Supreme Court decision in Hawke’s Bay Regional Investment Co Ltd v Royal Forest & Bird Protection Society of New Zealand Inc [2017] NZSC 106 is a timely reminder for local authorities and other parties exercising statutory decision making powers to be fully aware of all relevant factors when exercising such powers.
In addition, the decision highlights the importance for proponents of securing property rights over land required for projects b...
Foster Group
Tuesday 10 October, 2017
Building and nuturing community relationships is as important to Tompkins Wake client Foster Group as building fine Waikato landmarks.
Trusts, Gifting and the Rest Home Subsidy
Wednesday 4 October, 2017
The Ministry of Social Development (MSD) administers the Social Security Act 1964. The Act includes a residential care subsidy regime which concerns the cost of rest home care (commonly called the rest home subsidy).
Tompkins Wake double finalist in the 2017 New Zealand Law Awards.
Tuesday 5 September, 2017
Tompkins Wake has been shortlisted for two awards at the 2017 New Zealand Law Awards, recognising the firm’s continued excellence and reputation.
Health and Safety - Part 3
Tuesday 5 September, 2017
The Health and Safety at Work Act 2015 imposes a new duty on local authorities, as “persons conducting a business or undertaking” (PCBUs), to consult, co-operate and co-ordinate activities, so far as is reasonably practicable, with all other PCBUs who share health and safety responsibilities in relation to particular work.
LGOIMA Update - Ombudsman's dedicated webpage for councils
Tuesday 5 September, 2017
The Office of the Ombudsman is taking proactive steps to provide advice and guidance to agencies (including local authorities). In earlier Legal Briefs we have referred you to the guide, ‘The LGOIMA for local government agencies’ and summarised the Ombudsman’s new approach to ‘delay complaints’. In this edition, we summarise a recent addition to the Ombudsman’s website - a dedicated web page for agencies; providing electronic template letters, worksheets a...
New Bill extends enforcement powers under the LGA
Tuesday 5 September, 2017
A Member’s Bill from The Honourable Jonathan Young (National MP), the Local Government (Freedom of Access) Amendment Bill, was recently introduced to Parliament. The Bill proposes to widen the scope of enforcement officer powers to remove property (such as structures and tents) from council land – a power which will no doubt be welcomed by councils. The Bill also gives constables powers of arrest without warrant - for failure to give identifying informatio...
Tendering pitfalls: the importance of "no process contract" clauses
Tuesday 5 September, 2017
In The Rintoul Group Limited v Far North District Council [2017] NZHC 1132, the Council was found to have breached a tender “process contract” and potentially liable for significant damages to an unsuccessful tenderer. We comment on the case and explain how the outcome could have been avoided.
Local Authorities' decision-making requirements - Court of Appeal decision
Tuesday 5 September, 2017
In the recent Court of Appeal decision of Wellington City Council v Minotaur Custodians Limited [2017] NZCA 302 (Brown, Simon France and Williams JJ), the Court overturned the decision of the High Court, holding that Part 6 of the Local Government Act 2002 gives local authorities a broad discretion as to how to meet their statutory decision-making obligations (including whether to consult, and, if so, how), and, that the options available to challenge the ...
Local Authorities owe a duty of care to their neighbours - High Court decision
Tuesday 15 August, 2017
Local authorities owe the same duty of care to their neighbours as any other owners or occupiers of land. We review a recent High Court decision - Double J Smallwoods Ltd v Gisborne District Council [2017] NZHC 1284 - which held a local authority negligent for fire damage to a neighbouring sawmill operation, as a result of its failure to reduce the fire risk caused by vegetation on its land.
The Ombudsman's new approach to 'delay' complaints
Friday 7 July, 2017
The Office of the Ombudsman has just announced that, from 1 July 2017, it will be taking a new approach to how it responds to complaints about delays in making and communicating decisions on requests for official information within the maximum statutory timeframe (i.e. 20 working days).
Duties under the Health and Safety at Work Act 2015
Thursday 6 July, 2017
The Health and Safety at Work Act 2015 imposes different health and safety duties on different people, depending on their role in the workplace. Local authorities need to be aware of these duties and adopt a cautious approach in reducing the risk of a workplace accident.
Relief for grocery stores
Thursday 6 July, 2017
The Government are making changes to the Sale and Supply of Alcohol Act to enable grocery stores to continue to sell alcohol.
Clarity for supermarkets or not?
Thursday 6 July, 2017
The Alcohol Regulatory and Licensing Authority has recently provided clarity on a supermarkets ability to display and promote alcohol within single alcohol areas. ARLA’s decision has been appealed to the High Court.
Update on RJ Davidson Family Trust
Thursday 6 July, 2017
In our last Legal Brief we discussed the implications of the High Court’s decision in RJ Davidson Family Trust v Marlborough District Council [2016] NZEnvC 81 to resource consent applications. The High Court held that the King Salmon principles regarding the application of Part 2 of the RMA to the preparation of plans, also apply to resource consent applications considered under s104 of the RMA. The RJ Davidson Family Trust have now been granted leave to a...
Requiring authority status for irrigation scheme operators
Thursday 6 July, 2017
Ministerial approval of private entities as requiring authorities under section 167 of the RMA is, after the initial rush following commencement of the Act in October 1991, comparatively infrequent these days. There was no corresponding Ministerial power in the former Town and Country Planning Act, so the emergence of private entities able to designate private land is a post-1991 phenomenon. Correspondingly, so too is the ability to designate private lan...
Bribery of a public official
Wednesday 5 July, 2017
The high profile prosecution of a former public official and a private roading contractor in R v Borlase and Noone [2016] NZHC 2970 raises interesting issues as to what constitutes acceptable gifts, entertainment and hospitality when engaging with the public sector in the context of New Zealand’s bribery and corruption laws.
Defamation update
Wednesday 5 July, 2017
Local body authorities and politicians need to be particularly mindful of defamation law. In our defamation update we outline recent developments in defamation law and set out ways that local bodies can manage their defamation risk.
Tompkins Wake back MyApiary as winner
Friday 16 June, 2017
The Tompkins Wake IP Strategy & Commercialisation Award is focused on a recipient company, group or individual whose innovation can best benefit from commercialisation strategy and IP advice from one of New Zealand’s leading law firms.
Increased Compensation available under the Public Works Act
Sunday 11 June, 2017
With the Government’s recent budget announcement of $32.5 billion infrastructure spending over the next four years, it is anticipated that the use of compulsory acquisition powers under Public Works Act 1981 (“PWA”) may be necessary to ensure that such projects can be completed. Recent changes to the PWA have been introduced with the intention to make land acquisition for public works fairer and more efficient. The changes to the PWA include increases in...
Tompkins Wake joins elite global law network.
Friday 9 June, 2017
Tompkins Wake has been accepted as a member of First Law International, the only EU-based elite global network, as ranked by Chambers Global of more than 75 independent, full-service, high quality law firms.
Tompkins Wake appoints new Partner
Thursday 1 June, 2017
Tompkins Wake is pleased to announce the appointment of Andrew Orme to Partner.
Andrew joined Tompkins Wake in February 2017 and is a property and commercial law specialist based in the firms Rotorua office. Andrew has over 13 years’ experience in private and in-house practice in Wellington, Napier, Christchurch and Toronto.
King Salmon applies to resource consents
Monday 15 May, 2017
Following the Supreme Court’s finding in EDS v NZ King Salmon [2014] NZSC 38, that there is generally no need (or ability) to refer back to the purpose and principles in Part 2 of the Resource Management Act 1991 (which was in the context of a plan change), there was some uncertainty as toits application in respect of resource consent applications and designations given their different statutory frameworks. Now, in its recent decision R J Davidson Family ...
Your Periodic Discovery Reminder
Monday 15 May, 2017
This periodic reminder comments on two particular issues that can pose challenges to organisations dealing with litigation: the duty to preserve documents, and the application of privilege to reports prepared internally or externally in the course of seeking legal advice or preparing for apprehended or actual proceedings.
Health and Safety at Work Act 2015
Monday 15 May, 2017
New Zealand’s poor health and safety record in the workplace has led to significant reforms in the law and the organisations governing this area.
In June 2012, the Minister of Labour established the Independent Taskforce on Workplace Health and Safety to research and critically evaluate New Zealand’s workplace health and safety system and to recommend practical strategies for reducing New Zealand’s high rate of workplace fatalities and serious injuries.
Case review: Invercargill City Council v Southland
Monday 15 May, 2017
This case looks at the obligations a Council may have when issuing Code Compliance Certificates, particularly in relation to the extent of any duty of care that may be owed to property owners.
IT Partners Group
Monday 17 April, 2017
Business partnerships don’t get much closer than that of IT Partners Group and law firm Tompkins Wake. The two Hamilton-headquartered business support houses have each other’s backs.
For many years they’ve been each other’s clients, growing together as they’ve widened and deepened their respective skills and capabilities to support NZ Inc..
Key changes to limitations for civil claims
Friday 17 March, 2017
Limitation regimes are designed to protect defendants from stale claims. Claims that are brought many years after the relevant events are problematic for defendants (and their insurers), who may no longer have access to the evidence and witnesses they need to adequately defend themselves.
From 1 January 2011 the Limitation Act 2010 replaced the Limitation Act 1950. For acts or omissions which took place prior to 1 January 2011, the 1950 Act applies. For...
High Court determines property arrangement is not a "subdivision"
Friday 17 March, 2017
Clearspan Property Assets Ltd v Spark New Zealand Trading Ltd [2017] NZHC 277 is a recent decision of the High Court which deals with the nexus between the law of property rights and the law regulating the use of land. The High Court overturned the unanimous decision of two Judges of the Environment Court in Spark New Zealand Trading Ltd [2016] NZEnvC 115. The Environment Court held that a property arrangement between Clearspan Property Assets Ltd ("Clea...
Plan Change 1 to the Waikato Regional Plan – “Healthy Rivers” Update
Thursday 10 November, 2016
Submissions on proposed Plan Change 1 close on 8 March 2017 at 5pm. The submission process provides opportunity for those affected by PPC1 to have their say about its provisions. It gives a submitter the right to participate in the hearing process and influence outcomes. If you would like any assistance to complete your submission or wish to discuss any aspects of the process, please contact one of our team.
Conscious Uncoupling - an alternative approach to separation
Thursday 10 November, 2016
When actress Gwyneth Paltrow and musician Chris Martin announced they were splitting after ten years of marriage, they did not use the word “divorce”, but “conscious uncoupling”.
New Zealand's family justice system aims for civilised separations to be the rule, particularly where children are involved.
Gallagher Group - an enduring partnership grown together.
Thursday 10 November, 2016
Gallagher Group is an iconic New Zealand brand fueled by innovation. “The history between the two firms is a long one. As Gallagher has grown, Tompkins Wake has grown too ..... Tompkins Wake partners have built long relationships with Gallagher leaders which means the lawyers have a deep knowledge of the business."
Prolife Foods
Thursday 10 November, 2016
A string of mergers and acquisitions has seen Hamilton-headquartered Prolife Foods become a domestic market and exporting heavyweight with sales of around $250 million a year.
Supporting Prolife on much of that growth journey has been Tompkins Wake.
