The change of Government has stirred up the future direction of environment and planning Law. This programme will help you navigate this uncertain landscape. Attend and receive an update from the Chief Justice of the Environment Court. Understand the status of existing and proposed legislation and policy. Benefit from discussion relating to climate change, how Te Tiriti o Waitangi is influencing new legislation, and the implications of recent decisions affecting freshwater and the environment. 243NZA20
Description
Attend and earn 7 CPD hours
Session 1: Environmental Law and Policy: Reforms and Updates
Chair: Martin Williams, Barrister, Shakespeare Chambers
9.00am to 9.10am Opening Comments from the Chair
9.10am to 10.00am Update from the Environment Court
Gain insight into the latest issues before the Environment Court.
Presented by Chief Environment Court Judge David Kirkpatrick
10.00am to 11.00am The Aborted Take-off of Flights NBE 23 and MDRS 22
The NBEA and SPA both crash-landed on Christmas Eve 2023. And it has been signalled that the MDRS will suffer a similar fate, being made discretionary (not mandatory) for Councils. This session will help practitioners understand what statutory framework and provisions remain in place following the inferno. In particular, we will:
- Outline the key features of the NBEA fast-track process which survived the crash (and how those differ from the previous COVID-19 fast-track process)
- Review what happens to any actions that were undertaken in reliance on the NBEA provisions, while those were in force
- Address the implications of the MDRS changes, for both Councils that have already completed their IPI plan changes and those (such as Tāmaki Makaurau) which haven’t
Presented by Helen Andrews, Director, The Environmental Lawyers
11.00am to 11.15am Morning Tea Break
12.15pm to 1.15pm National Policy Statements: Indigenous Biodiversity and Highly Productive Land
- Key requirements
- Early case law
- Implementation challenges
Presented by Sally Gepp, Barrister
Session 2: Te Tiriti o Waitangi, Climate Change and Case Law Update
Chair: Martin Williams, Barrister, Shakespeare Chambers
2.00pm to 2.45pm Plan B: What Happens if the Recent RMA Reforms are Reversed?
Review the status of the Natural and Built Environment and Spatial Planning Acts, or if repealed, discuss what will take their place?
Presented by Mike Doesberg, Partner - Environment & Planning, Wynn Willams
Prepared with Bal Matheson, Barrister, Richmond Chambers
Learning Objectives:
- Hear important updates and insights from the Chief Judge of the Environment Court
- Review the status of the National Planning Framework
- Examine key requirements, cases and challenges relating to Indigenous biodiversity and highly productive land
- Receive important updates on the status of the Natural and Built Environment Act and Spatial Planning Act
11.15am to 12.15pm RMA Reform: Where to From Here
This session traverses the background to the reform endeavour of the previous Government, including the lead up to and an overview of the principal elements of the Natural and Built Environment Act (NBEA) and Spatial Planning Act (SPA), along with a summary of the newly elected Coalition Government’s intentions for resource management system reform. Drawing on that context, predictions and recommendations are made for our future reformed resource management system under the stewardship of the Coalition Government, including those innovations of the NBEA and SPA which might or even should survive the next reform agenda. Presented by
Martin Williams, Barrister, Shakespeare Chambers
2.45pm to 3.30pm An Overview of Recent Progress on New Zealand’s Climate Adaptation Policies
- Introduction to Aotearoa New Zealand’s Climate Policies
- Update on Aotearoa New Zealand plans to adapt and development of policy to address the impacts of climate change
- Discussion on the progress of the National Climate Change Risk Assessment (NCCRA) and the National Adaptation Plan (NAP)
- The Climate Adaptation Act
- Discussion the proposed Climate Adaptation Act (CAA) and its aim to address complex issues associated with managed retreat
- Review of the Environment Select Committee inquiry into managed retreat
- Challenges and Opportunities
- Discussion of the challenges faced in implementing these adaptation policies.
- Highlighting opportunities for improvement when adapting to climate change
- The Path Forward
- Looking at the next steps for Aotearoa New Zealand’s climate policies
Presented by Mark Baker-Jones, Director, Policy and Regulation, Te Whakahaere Āhuarangi Ltd
3.30pm to 3.45pm Afternoon Tea Break
3.45pm to 4.30pm Environmental Case Law Update: Recent and Significant Decisions
Take a close look at the most interesting and significant environmental law and planning cases with a focus on the practical implications of those decisions.
Presented by Diana Hartley, Partner, DLA Piper
4.30pm to 5.15pm NPS Freshwater Management and NES Freshwater: Case Law and Developments
- When is a wetland not a wetland?
- Functional need
- Amendments and what does it all mean now?
Presented by Janette Campbell, Barrister, Bankside Chambers
Learning Objectives:
- Hear how Te Tiriti o Waitangi is influencing new legislation
- Receive expert insights and updates on climate change policy and the Climate Adaption Act
- Review recent cases and decisions affecting environment and planning law
- Stay up to date on freshwater cases and developments
Presenters
Helen Andrews, Director, The Environmental Lawyers
Helen Andrews is a Director at The Environmental Lawyers and has specialised in Resource Management and Environment Law for over 20 years. Prior to establishing The Environmental Lawyers in July 2022, she worked in the resource management teams of two top-tier New Zealand law firms and two boutique environmental law firms. Helen has significant experience advising on and consenting major projects across several industries. These have ranged from energy, infrastructure and retailing developments to oil and gas exploration and minerals prospecting. Helen has been involved with a number of the Boards of Inquiry established under the RMA for the processing of projects of national significance. This has included representing the applicant before the Turitea Board, providing facilitation services to the New Zealand King Salmon and Ara Tūhono - Pūhoi to Warkworth Boards, acting as legal advisor to the MacKays and Basin Bridge Boards and representing a submitter before the East-West Link Board. Most recently, Helen has been involved in the consenting of several large-scale urban developments in both Auckland and Waikato. She has a keen interest in RMA reform and has co-authored three substantive articles on this topic for the Resource Management Journal.
Mr. David Kirkpatrick, Chief Environment Court Judge,
Judge Kirkpatrick had, prior to his appointment to the Court in February 2014, been a Barrister sole since July 2004. He specialised in administrative and public law generally, and resource management law in particular. He appeared regularly before consent authorities, the Environment Court, and the High Court. He also appeared before the Court of Appeal, the Privy Council, and the Supreme Court. From 1994 to 2004 Judge Kirkpatrick was a partner in the Local Government and Environment practice area of Simpson Grierson. In that role he was the primary legal advisor to a number of local authorities in the Auckland region in regard to public administration, the regulation of public utilities and resource management. He has also acted for a wide range of corporate clients, incorporated societies and individuals in those fields. In 2008-09 he acted as counsel assisting the Royal Commission on Auckland Governance. He has presented numerous conference and seminar papers relating to resource management and local government law, and is a contributing author of the chapter ‘Land Use and Subdivision – Resource Consent Procedures, Designations and Appeals’ in Environmental and Resource Management Law, now in its fourth edition. Appointed Head of the New Zealand Environment Court on 8 July 2020.
Mr. Mark Baker-Jones, Lecturer,
Mark Baker-Jones is a world-leader in climate change regulatory and policy risk. He works extensively as a climate change policy advisor to governments in Australia, and was political advisor to Aotearoa New Zealand’s Climate Change Minister during the development of NZ’s climate change legislative regime. Mark has held senior legal roles in some of the world’s most prestigious law firms, and has published widely on climate legal risk. He continues to hold positions with universities in Australia and, in 2022, will lead the University of Auckland Law School’s 2022 climate law postgraduate course. Mark has unique insights into climate change legal risk, policy, and regulation, particularly for the financial sector.
Ms Sally Gepp, Barrister, Sally Gepp Barrister
Sally has practised as a barrister sole specialising in environmental law since 2019, following nine years with environmental NGO Forest & Bird. She has appeared as counsel in a number of high profile cases including in relation to the Ruataniwha Dam and the proposed East West Link, as well as plan-making processes from Whangarei to Invercargill. Sally was a trustee of the Biodiversity Collaborative Group tasked by the Minister for the Environment with developing a draft National Policy Statement for Indigenous Biodiversity, and was part of a working group for the first review of the National Environmental Standards on Plantation Forestry. She is President of RMLA (Te Kahui Ture Taiao / Association for Resource Management Practitioners) and a member of the New Zealand Conservation Authority.
Mr Bal Matheson, Barrister,
Bal Matheson has specialized in environmental, resource management and local government law since 1998, with a particular focus on urban development projects, water, the rural sector, infrastructure projects (gas, electricity, waste, and water). He started his career at Russell McVeagh and remained there until joining the independent bar in December 2016. Bal has advised on many complex development and urban redevelopment projects, and is currently assisting Kāinga Ora – Homes and Communities with a number of plan change processes throughout New Zealand. He is a co-author of the Water chapter, and author of the Air chapter in New Zealand’s leading text Environmental and Resource Management Law.
Mr. Mike Doesburg, Partner,
Mike is a resource management and environmental law specialist who advises private developers, infrastructure providers and local authorities. Mike has experience advising on obtaining and implementing resource consents for large and complex subdivision proposals. Mike also regularly acts for clients on complex planning matters, including appearing before council panels, the Environment Court and High Court. Mike has been identified by Legal 500 as a Next Generation Partner in projects and resource management. Mike is the Chair of the Resource Management Law Association Auckland Branch Committee and Co-Convener of the Auckland District Law Society Environmental and Resource Management Committee.
Ms Diana Hartley, Partner,
Diana Hartley specialises in resource management, environmental, local government and public law. She acts for government entities, including local authorities and council-controlled organisations, as well as corporates and developers. Diana has particular expertise in resource management and local government strategic advice, regional and district plan development and interpretation, and the consenting of large projects. She also provides advice on environmental due diligence for commercial transactions and contaminated land liabilities. She appears before the Environment Court and High Court on district plan, resource consent and designation appeals, judicial review and declaration proceedings, and before Boards of Inquiry. Diana also regularly attends court-assisted mediation on behalf of clients. Her extensive resource management experience includes advising in relation to urban growth and intensification matters, infrastructure projects, the rural environment, subdivision and heritage matters.
Janette Campbell, Barrister, Bankside Chambers
Janette is one of New Zealand’s leading resource management experts. Janette has significant experience in consenting infrastructure projects, being involved in contentious and significant applications for hydro and geothermal power generation, wastewater and stormwater networks. Janette also works on major industrial projects requiring land use and regional council consents. She has regularly sought and defended judicial review of Council decisions to process resource consent applications without notice, including in relation to the NPS and NES FW. Having acted for all sides of resource management matters, she can quickly discern the best options for resolution of any dispute or advancing a particular application. She has many thoughts about the current and potential freshwater management frameworks.
Martin Williams, Barrister, Shakespeare Chambers
Martin Williams has 25 years’ experience practising in resource management and local government law, based in Napier since 2008. He has represented a wide range of private and public sector clients at local authority and appeal hearings, appearing as counsel in a number of leading Environment and High Court cases as well as in the Court of Appeal and Supreme Court. Martin also has experience acting for local authorities and Council controlled organisations, including as part of the legal team advising and representing Hawke’s Bay Regional Investment Company Ltd regarding the Ruataniwha Water Storage Scheme through the Board of Inquiry process and hearing, and subsequent High Court, Court of Appeal and Supreme Court proceedings. Martin is a former President of the Resource Management Law Association of New Zealand (Inc) serving on the National Committee of that Association for nine years. In October 2019 he was elected to the Hawke’s Bay Regional Council. Martin is an accredited Hearings Commissioner (Ministry for the Environment) with Chair certification.
