It is quite a thing for the law to remove from owners the rights normally associated with ownership and to confer them on receivers. Which is why, although receivers are allowed considerable discretion in the exercise of their duties, they are also subject to oversight by the courts. So how much freedom of manoeuvre do they have, and when will the court intervene? We look at a recent decision in the Australian Federal Court and consider its relevance for New Zealand insolvency practitioners.
The Resource Management Reform Bill, designed to speed subdivision and regional infrastructure projects and to grease the progress of the Auckland Unitary Plan, was reported back from select committee on Tuesday and is expected to be passed before the end of this year. Most of the committee’s proposed changes could be described as procedural but some are more controversial and will be opposed by Labour and the Greens. The Court of Appeal has overturned a High Court decision to reaffirm the powers of the labour inspectorate and the obligations on employers to cooperate in the conduct of investigations under the Health and Safety in Employment Act 1992 (HSEA). The clarification is timely given that the HSEA is soon to be substantially strengthened as part of the Government’s response to the Pike River tragedy.
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