Explore crucial aspects of local government, including funding decisions, civil defence emergencies, climate adaptation, and RMA reform. Gain valuable insights into these critical areas, equipping you with the knowledge and understanding necessary to navigate the complex landscape of local government effectively.
Chair:
Lisa Hansen, Barrister, Barristers.comm
9:00am to 10:00am Local Government Decision-making
- How are the courts approaching the decisions of local authorities?
- What level of scrutiny can be expected if a council’s decision is subject to judicial review
- Particular focus on funding decisions, including the Supreme Court’s consideration of the accommodation provider targeted rate decision
Presented by Meredith Webb, Manager Public Law at Auckland Council
10:00am to 11:00am Civil Defence Emergencies and the Law
- What is the state of local government law for BAU, response and recovery after the health and weather emergencies of the last few years. What’s working and what’s not, including from the perspective of local authorities, communities, risk-based commercial interests, and maintenance of good law-making?
- The previous government introduced the Emergency Management Bill, and the Bill was referred to the Governance and Administration Committee for submissions. What is the potential of this Bill and where could further legislative changes be made?
- How local authorities can respond and support recovery
Presented by Lizzy Wiessing, Barrister, Kate Sheppard Chambers
11:15am to 12:15pm Community-Led Retreat and Climate Change Adaptation: Why a New Framework and Approach is Required
The Resource Management Review Panel – in their report ‘New Directions for Resource Management in New Zealand’ - proposed that a separate piece of legislation addressing climate change adaptation and managed retreat be developed, called the Climate Change Adaptation Act (CAA). The CAA was intended to work in tandem with the two other pieces of legislation that would eventually replace the Resource Management Act 1991, which are now signaled for repeal. In August 2022, an inquiry into community-led retreat was initiated by the Ministry for the Environment, with an Expert Working Group report released to inform that work. In drawing on recent experience and challenges across Aotearoa in the wake of Cyclone Gabrielle and other severe weather events, it is clear that a new framework, approach and tools and mechanisms are needed to achieve retreat and relocation.
- How will that framework impact on local government, in terms of its strategic planning, funding, community engagement and decision-making roles?
- What will new legislation mean for liability risk, and how will council policy development and regulation of natural hazard related risk need to change?
- What do councils need to be aware of now, and what are the opportunities to inform the preparation of the CAA?
Presented by Mike Wakefield, Partner, Simpson Grierson
12.15pm to 1.15pm RMA Reform: Groundhog Day. Where are We and Where are we Headed?
The Resource Management Act 1991 (RMA) provides the legal framework for our resource management system – setting out systems and process for decision-making relating to the environment. But all political parties want it gone. The Labour Government completed reform to replace the Resource Management Act (RMA) with three new pieces of legislation (the Natural and Built Environments Act (NBA) and the Spatial Planning Act (SPA) were enacted. With the change of government these new Act's will be "gone by Christmas 2023"
- The new, old, RMA will be back (with new amendments). That is step one of the reform. What will this step involve and what are the opportunities and implications for councils?
- Step 2 will be the future RMA replacement. A bill is proposed to be introduced before the end of this parliamentary term. What will this step involve and what are the opportunities and implications for councils?
- At a higher level how can we get consensus / consistency in approach rather than our present constantly changing legislative (and policy) environment?
Presented by David Allen, Partner, Buddle Findlay
11:00am to 11:15am Morning Break
Description
Attend and earn 4 CPD hours
Learning Objectives:
- Understand the key focus areas and decision-making processes in ATPR decisions
- Explore the legal framework for civil defence emergencies
- Examine the implications of the proposed Climate Change Adaptation Act on local government
- Gain an understanding of the steps involved in the Resource Management Act reform
Presenters
Ms. Lisa Hansen, Barrister, Barristers.Comm
Lisa is a barrister specialising in civil and commercial dispute resolution (litigation, arbitration and mediation, and negotiation) having a particular interest and expertise in public and administrative law, contract and negligence claims, ACC, employment, medico-legal issues, resource management/public works issues, fire arms issues and relationship property. Lisa has a solution-focused approach and aims to achieve positive outcomes for her clients efficiently and cost effectively. Lisa also undertakes independent investigations both in employment and government matters. Lisa became a barrister on 1 February 2010. Prior to the bar she was Crown Counsel at Crown law for 13 years after working at the Department of Conservation’s West Coast Conservancy, and Caudwells Dunedin.
Mike Wakefield, Partner, Simpson Grierson
Mike is a partner in Simpson Grierson’s planning and environment group, specialising in local government and environmental law. His experience covers all aspects of the regulatory functions of local government (including under the RMA), strategic policy development (under the LGA, RMA and other legislation) and the decision-making and governance requirements of local government. Mike regularly appears at Council hearings, before the courts and specialist tribunals, with a particular interest in policy related challenges.
Meredith Webb, Manager Public Law, Auckland Council
Meredith manages the public law team at Auckland Council where she handles a wide array of complex public law issues. She has particular expertise in public and administrative law and is passionate about local government law. Meredith has previously worked in the local government public law team at Simpson Grierson specialising in local government funding and decision-making. She also has substantial public law litigation experience having worked at the Government Legal Department in the UK where she was instructed by the Home Office and Foreign and Commonwealth Office in high profile and complex judicial reviews and statutory appeals.
Lizzy Wiessing, Barrister, Kate Sheppard Chambers
Lizzy Wiessing is a member of Kate Sheppard Chambers and has been at the Independent Bar since June 2021. She has a professional background in policy analysis, and local government, public law and civil litigation legal issues, having worked in the local government space throughout her career. She has advised on a wide range of local government matters, including matters arising from the national and local emergencies of the last few years.
David Allen, Partner, Buddle Findlay
David specialises in all aspects of resource management, environmental and natural resources law. He is a leading adviser on complex and large scale infrastructure projects and has particular experience in wastewater and freshwater, roading and energy projects (having advised on geothermal, wind, hydro and thermal projects). David understands the unique challenges of large projects and works collaboratively with his clients, their advisers and other parties to ensure his clients' outcomes are achieved in the most effective and efficient manner. David is an accredited chair of RMA hearings panels and has chaired a number of hearings. He is also a presenter of the Ministry for the Environment's "Making Good Decisions" programme required for all resource management decision-makers.
