Environmental and Planning Reforms and Updates (Live Stream)

Session ID: WEB183NZA10
Date: Wednesday, 21 March 2018
Time: 09:00am - 01:15pm
Venue: This live web seminar is being streamed from AUCKLAND

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Session Content

Date: Wednesday 21 March 2018
Time: 9.00am to 1.15pm
Live Stream

Attend and earn 4 CPD hours

New legislation, new cases with significant ramifications, and a new Government, all analysed and broken down into practical takeaways for you. If that's not reason enough for you to attend and catch up on what's new in planning and environment law, then come to hear from an unparalleled line-up of leading experts in the area who will share their experience and expertise with you.

Chair: Derek Nolan QC, Bankside Chambers

Reforms to the Resource Management Act

  • Current issues with the RMA and RMA processes: Is the Act unworkable? If so, why?
  • Recent commentaries on the RMA and RMA processes: What were the common themes?
  • Does the fundamental framework of the RMA remain sound? Is repeal and replacement warranted?
  • Key requirements for a future reform programme: time, evidence-gathering and a de-politicised process
  • What amendments should be made to the Act now?
  • Impact of the election outcome for the RMA

Presented by Simon Berry, Partner, Berry Simons Environmental Law

Environmental Case Law Update

  • Part 2 and resource consents: Davidson and King Salmon
  • Notification: Tasti, Marche, Wendco
  • Subdivision: Clearspan cases: Does purchase of an undivided share in land amount to a subdivision?
  • Landscape: Man o War Station, Western Bay of Plenty v Bay of Plenty Regional(Matakana Island)
  • Freshwater: Hampton: water permits do create property rights
  • Fisheries: Motiti Rohe Moana declaration
  • GMOs: Federated farmers in the High Court
  • Conservation: Ruataniwha case
  • EEZ: Trans-Tasman Resources

Presented by Vicki Morrison-Shaw, Senior Associate and Rowan Ashton, Solicitor, Atkins Holm Majurey

Landscaping the Law: s 6(a) & (b) of the Resource Management Act

  • s 6(a) & (b) and the NZCPS Policies 13 & 15: issues of interpretation and practice
  • Can human activity be 'natural'?
  • What is 'landscape'?
  • Role of landscape assessment v landscape planning/design/management
  • Standardising landscape assessment methodologies and planning integration
  • RMA reform: nature and landscape

Presented by Peter Fuller, Barrister, Quay Chambers, in collaboration with Dennis Scott, DJ Scott and Associates

Auckland Unitary Plan: Litigation Update

  • High Court:
    • Scope of submissions
    • Errors of law in resource management litigation
    • Duty to give reasons for first instance decisions
    • Settlement of appeals on points of law
  • Environment Court:
    • Limited role for the Environment Court
    • Extent of the Court's jurisdiction on merits appeals
    • Declaratory proceedings on interpretation issues

Presented by Allison Arthur-Young, Partner, Russell McVeagh

Learning Objectives:

  • Gain an understanding of the reforms to the RMA
  • Catch up on current environmental issues and recent cases
  • Get updated on the learnings and outcomes from the appeal stage of Auckland Unitary Plan

Chair: Derek Nolan QC

Derek Nolan QC has over 30 years' experience as counsel in environmental, resource management, planning, natural resources and local government law and in public works claims. Based on this extensive and broad-based background, he is frequently sought after as counsel to lead major or complex projects in these areas of the law, to provide strategic advice, to secure all types of resource consents or other approvals, to resolve "road blocks" or other disputes, and to facilitate development activities. Derek has widespread contacts, as well as extensive links with many of the country's leading experts, and he brings these strengths to any case he is involved with. Derek has been called a "top performer in environmental law" by respected sources, and wins particular praise for his depth of knowledge and strategic vision" - Chambers and Partners Global, 2013. Acknowledged in International Who's Who of Business Lawyers in 2009, 2010, 2011, 2012, 2013 and 2014, Derek was the recipient of an "Outstanding Person Award" in 2008 from the Resource Management Law Association of New Zealand "for his leadership and commitment to excellence in resource management practice." Derek was also the winner of awards from the Resource Management Law Association of New Zealand in 2012 and in 2006, a Joint Winner of the New Zealand Deal of the Year in the ALB Australasian Law Awards 2011 (the Auckland Local Government Reorganisation) where Derek was a key legal adviser to the Auckland Transition Agency, and a Joint Winner of the Commercial Property and Construction Deal of the Year for Australia and New Zealand in the ALB Australasian Law Awards 2008 (Auckland Waterfront Redevelopment), where Derek was the key legal adviser on all environmental and resource management law issues.

Simon Berry

Simon Berry is a specialist Environmental and Resource Management lawyer with more than 30 years' experience. More than 20 years was spent as a partner in two major law firms followed by an extended period practising as a well-respected, specialist Environmental barrister. Simon's skills have driven the success of a number of high profile cases in every aspect of Environmental and Resource Management Law, with his skill and success recognised by a number of industry awards. This has included leading multidisciplinary teams to obtain authorisations for major infrastructure and power projects such as Mangere Wastewater Treatment Plant Upgrade, Waikato Pipeline, Kawerau Geothermal Power Station, Te Uku Wind Farm, Tauranga Wastewater and Hamilton water take, to name a few. As with most such projects, they were highly contentious and attracted Environment Court appeals, but Simon's approach meant that substantive hearings before that court were not necessary. As a specialist Environmental counsel, Simon regularly represents clients before Regional and District Councils and the Environment Court. He is frequently appointed to independent hearing commissions to hear and determine resource consent applications relating to the allocation and use of New Zealand's resources.

Vicki Morrison-Shaw

Vicki Morrison-Shaw has broad experience across a range of local government, resource management, corporate and Maori law undertakings. Vicki has significant in-house experience working for a local authority, a Maori consultancy, and a large privately owned land developer with residential/commercial/farming and viticulture interests in Auckland, Ngunguru, Christchurch and Marlborough. Since moving into private practice in 2008 Vicki has continued to advise on a broad range of environmental matters with a particular focus on land and coastal development. Vicki has appeared as counsel in a range of council and court hearings, was the co-author of Maori Values Supplement to the Making Good Decisions Commissioners Training Programme, and is currently in her second term on the New Zealand Law Society Environmental Law Committee.

Rowan Ashton

Rowan Ashton is a solicitor at Atkins Holm Majurey practicing in resource management, environmental and public law. Rowan has provided advice and representation to a range of private and public clients regarding consenting, planning, policy developments, land acquisitions, environmental dispute resolution, and due diligence. Rowan has appeared at council hearings and as junior counsel in cases before the Environment Court and High Court in relation to resource consents, plan reviews, plan changes, enforcement and judicial review.

Peter Fuller

Dennis Scott

Allison Arthur-Young

Allison Arthur-Young is the Practice Group Chair of the National Environment, Planning and Natural Resources team. Her practice covers all aspects of resource management and local government law, with a particular focus on development and large-scale infrastructure projects, along with district and regional planning, and policy matters. Allison provides expert advice to clients on a range of public law issues including development contributions and rates, the Sale and Supply of Alcohol Act, information disclosure and the role of local authorities in decision making. Allison acts for clients on a range of law and policy reforms at both central and local government levels.

Venue Details

Stamford Plaza Auckland

Ground Floor, 22 - 26 Albert St
Auckland 1010

Ph: 64 9 309 888


The Stamford Plaza Auckland is a short 5 minute walk from the main

train/bus station Britomart. There is onsite valet parking, charged at a rate

of NZ$45 per car. Alternatively there are numerous public car parks in the

area including Challenge House, 1/3 Wolfe Street.

Parking is not included in the registrartion fee and price is subject to


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