Areas of Work
We specialise in Judicial Review, Resource Consents, District and Regional Planning Processes, Declarations. Enforcements and Advice.
Judicial Review
Judicial review is important to ensure that Government itself and government agencies act within the law, fairly and reasonably. For a judicial review to succeed, the Court will need to be persuaded that the decision-maker did not lawfully follow the proper decision-making process.
Recent judicial reviews we have been involved in include:
- Acting as part of the legal team for Urban Auckland in their successful judicial review against the Ports of Auckland Ltd extension into the Waitematā Harbour. Read more here: https://www.nzherald.co.nz/nz/wharf-battle-victory-over-ports-of-auckland/
- Acting for Te Rūnanga o Ngāti Raukawa in a review of the Minister for the Environment’s decision to exempt vegetable growers from bottomlines in the National Freshwater Policy Statement 2020. This matter is currently on appeal to the Court of Appeal.
Resource Consents
We can assist you in applying for and taking you through a resource consenting process or in opposing a consent and ensuring that your interests are properly considered.
We have experience in engaging with councils and public bodies. We can advise on overall processes and presentation strategies, appearing at council hearings, environment court hearings and, for the more complex and unorthodox applications, appearances in higher courts including appellate courts.
Examples of resource consents we have assisted in:
- Granting of resource consents for Papakainga development for Ngāti Korokī Kahukura
– See this development at Ngāti Korokī Kahukura papakāinga. - Successful renewal of resource consents for a wind farm.
- Advising on due diligence, consents strategy, consents project for a $210 million dairy factory.
- Acted for Matata Lot 6A Komiti in a 3-week Environment Court fixture. Whakatane District Council tried to establish a wastewater treatment plant on Maori Land (Te Ture Whenua Maori). It failed. The Court agreed that the Council had acted arbitrarily in its site selection process. The case can be viewed at:
– https://ecojurisprudence.org/wp-content/uploads/2022/03/Sustainable-Matata%CC%84-v-Bay-of-Plenty-Regional-Council-_2015_NZEnvC_90-.pdf
– Maori Law Review discussion: https://maorilawreview.co.nz/2016/04/maori-interests-in-natural-resource-management-2015-in-review/ - The appeal of the Environmental Protection Authority’s decision to grant consent for seabed mining off the coast of Taranaki to Trans-Tasman Resources which resulted in the successful overturning of this consent by the Supreme Court.
- Successful opposition to two separate applications for chicken farms located close to sensitive receivers, the key issue being chronic and acute exposure to odour.
District and Regional Planning Processes
We specialise in planning matters that consider impacts to tangata whenua and mana whenua and the natural environment (specifically indigenous biodiversity, water quality and coastal marine areas), climate adaptation and urban planning matters.
We have worked with hapu and iwi, individuals, community groups and councils in navigating planning processes.
Our previous experience includes:
- Acted for Character Coalition, representing 60 community groups in relation to character and heritage protection provisions in the Proposed Auckland Unitary Plan.
- Acted for Environment Defence Society and the Mackenzie Guardians in the district plan review of the regulatory framework for the development of the drylands of the Mackenzie Basin.
- Acted for hapū in Tauranga and Northland is seeking marine biodiversity management areas that align with tikanga regarding impacts to biodiversity and no-take fishing areas.
- Acted for energy watch group in successfully developing setback distances from sensitive residential areas to high-risk petroleum and gas operations.
Declarations
The Environment Court can make declarations on the meaning of the law which may be uncertain for parties. We have been involved in seeking declarations for a range of reasons.
Business and Policy Advice
We can assist in navigating the intersection between commerce and government and commerce and regulators. Our team’s experience includes advice to policymakers and advising clients in engaging with regulators and policy drafters.
Examples of this work include:
- Advising Dunedin City Council in relation to ownership, co-governance and co-management models for public open space areas.
- Acting as a policy advisor for iwi authorities navigating regulatory and government environments.
- Drafting submissions and appearing before Parliamentary select committees.
- Consulting with Ministers, Councillors and other regulators.
- Compliance and corporate and contractual advice and reviews for operators of critical NZ infrastructure.
Enforcements
Enforcement orders compel a person or consent holder to comply with provisions of the RMA, a rule in a regional or district plan or terms or conditions of a resource consent.
We have acted for a range of parties who have sought enforcement orders and parties who have had enforcement orders sought against them.