Environmental Law Summit
213NZA13: Stay on top of the upcoming changes to New Zealand's environmental policies, laws and regulations, by joining Chief Environment Court Judge David Kirkpatrick, the Hon Tony Randerson QC and a stellar line-up of environmental and resource management leaders, as they share valuable insights into the current environmental landscape. Unpack the legal changes in resource management, urban development, water law, climate change and case law and examine why Māori issues are important
Description
Attend and earn 7 CPD hours
Session 1
The Latest Resource Management Reforms and Cases
Chair: Derek Nolan QC, Bankside Chambers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 10.05am RMA Update from the Review Panel
Hear from The Honourable Tony Randerson QC, Chair of the Resource Management Review Panel, and gain an insight into the recommendations and critical issues in the New Directions for Resource Management in New Zealand Report.
Presented by The Hon Tony Randerson QC; Chair of the Resource Management Review Panel
10.05am to 11.00am Infrastructure and Urban Development in New Zealand
- New policy direction for urban intensification under National Policy Statement on Urban Development 2020
- The expanded powers of Kāinga Ora as a housing and urban development authority under the Urban Development Act 2020
- Servicing demand through infrastructure planning and future development strategies
- New ways of bringing forward public works and alternative funding streams under the Infrastructure Funding and Financing Act 2020
Presented by Jennifer Caldwell, Partner, Buddle Findlay
11.00am to 11.15am Morning Tea
11.15am to 12.10pm Water Law: Implementing the Reforms
- Practical implementation of farming within limits (including managing Overseer version change, use of Farm Environment Plans, nutrient allocation and trading)
- Breathing life into Te Mana o Te Wai, and the relationship between Te Mana o Te Wai and Part 2
Presented by Bal Matheson, Barrister, Richmond Chambers
12.10pm to 1.05pm Environmental Case Law Update: Recent and Significant Decisions
Look into the most interesting and significant resource management cases with a focus on the practical implications of those decisions.
Presented by Daniel Minhinnick, Partner, Russell McVeagh
1.05pm to 1.15pm Final Q+A and Closing Comments
Learning Objectives:
- Receive a timely update on the recommendations and critical issues in the New Directions for Resource Management in New Zealand Report
- Get up to date with the latest in infrastructure planning and urban development in New Zealand
- Examine how the water law reforms have been implemented in practice
- Reflect on recent and significant resource management cases and discuss the practical implications of those decisions
Session 2
Climate Change, Māori Values and the Environment Court
Chair: Bronwyn Carruthers, Barrister, Shortland Chambers
2.00pm to 2.05pm Opening Comments by the Chair
2.05pm to 3.05pm Climate Change Related Legal Risk: Panel Discussion
Join an esteemed panel of climate change practitioners and leaders as they critically examine climate change-related legal risk, and the policy and regulation necessary to effectively respond to climate change and to enable Aotearoa New Zealand’s transition to a low carbon economy.
Panellists:
A pre-recorded keynote from Hon James Shaw MP, Minister for Climate Change, Associate Minister Environment (Biodiversity)
Mark Baker-Jones, Special Counsel, Simpson Grierson
Mike Smith, Chair of the Climate Change Iwi Leaders Group
Dr James Every-Palmer QC, Stout Street Chambers
Dr Bjørn-Oliver Magsig, Victoria University of Wellington
3.05pm to 4.00pm Māori and Environmental Law
- Why Māori values and issues are important in an environmental law context
- The evolving approach to considering Treaty principles
- The jurisdiction of the Environment Court to make mana whenua determinations
- The need to consider tikanga Māori
- The scope of s.35A obligations
- Key takeaways
Presented by Vicki Morrison-Shaw, Director, Atkins Holm Majurey
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.10pm Update from the Environment Court
Gain insight into the latest issues before the Environment Court.
Presented by Chief Environment Court Judge David Kirkpatrick; TBC, subject to Court obligations
5.10pm to 5.15pm Final Q+A and Closing Comments by the Chair
Learning Objectives:
- Critically examine climate change-related legal risk
- Reflect on the importance of Māori values and issues in an environmental law context
- Gain insight into the latest issues before the Environment Court
Presenters
Chief Environment Court Judge David Kirkpatrick
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 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. He was appointed Head of the New Zealand Environment Court on 8 July 2020.
The Hon Tony Randerson QC; Chair of the Resource Management Review Panel
Retired Court of Appeal Judge Tony Randerson QC chaired the Resource Management Review Panel which made recommendations to the Government in July 2020 on reform of the Resource Management Act 1991. Mr Randerson became a barrister sole in 1989 and was appointed Queen’s Counsel in 1996. He was appointed a Judge of the High Court in 1997 and Chief Judge of that Court in 2004. He served as a Judge of the Court of Appeal from 2010 until his retirement in 2017.
Hon James Shaw MP, Minister for Climate Change, Associate Minister Environment (Biodiversity)
Prior to becoming an MP, James had a successful career in management consulting, primarily in London. He has diverse experience working for large multinational organisations through to local start-ups, social enterprises and community organisations, across Europe, in New Zealand and around the world. He moved back to New Zealand to run for Parliament in 2010 and was elected in 2014, becoming Green Party Co-leader in 2015. In 2017 James led the Green Party into its first ever term in Government with Ministers and was appointed Minister for Climate Change, Statistics and Associate Minister for Finance. In his first term, James guided the Zero Carbon Act through Parliament with unanimous support; reformed the Emissions Trading Scheme to cut pollution into the atmosphere; and established Green Investment Finance ltd., to stimulate investment in the low-carbon economy. Now in his second term, and as Minister of Climate Change, James is focusing on specific measures to reduce greenhouse gas emissions in the transport, energy and agricultural sectors. He also holds a new role as the Government’s Associate Minister for the Environment with responsibility for Biodiversity.
Derek Nolan QC, Bankside Chambers
Derek Nolan QC has over 40 years’ experience as counsel in environmental, resource management, planning, natural resources and local government law (including rating disputes), and in public works claims. He is frequently sought after as counsel to lead 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, to facilitate development activities and to provide reports or opinions. Derek is also the Editor and an author of the leading environmental law textbook in New Zealand ‘Environmental and Resource Management Law’ (LexisNexis)
Jennifer Caldwell, Partner, Buddle Findlay
Jennifer specialises in resource management, environmental and local government law, with extensive experience as a strategic adviser and specialist litigator in the Environment Court, High Court and higher courts. She is a leading New Zealand lawyer advising on consent and designation projects and strategic planning processes. In October 2017, Jennifer was instrumental in Buddle Findlay’s appointment to the Supporting Growth Alliance, a five year programme of route protection for transport infrastructure to support Auckland’s growth over the next three decades. Jennifer’s experience as Alliance Manager on the East West Link project in Auckland and Legal Director with ALDAR Properties PJSC gives her unique insights into the efficient and effective provision of legal services to complex clients.
Bal Matheson, Barrister, Richmond Chambers
Bal Matheson has specialized in environmental, resource management and local government law since 1998, with a particular focus on water, the rural sector, and 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. He has advised on or been involved in many regional plan making processes throughout New Zealand, through acting for Fonterra, DairyNZ and Federated Farmers. 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.
Daniel Minhinnick, Partner, Russell McVeagh
Daniel is the Practice Group Chair of Russell McVeagh's Environment, Planning and Natural Resources team. Daniel's practice specialises in resource management and environmental litigation, and providing advice to major development projects. He advises a wide range of clients on major projects, including infrastructure providers (such as Watercare Services, Ports of Auckland, Spark and Vector) developers and development agencies (including Panuku Development Auckland, Drury South, Kapiti Coast Airport Holdings), retailers (Scentre, Bunnings) and primary production (Fonterra).
Bronwyn Carruthers, Barrister, Shortland Chambers
Bronwyn has specialised in environmental, resource management and local government law since 2000. She joined the independent bar in 2018 after 7 years as a partner in Russell McVeagh’s Environmental, Planning and Natural Resources team. As a specialist resource management litigator, Bronwyn has advised on a wide range of Resource Management Act 1991 issues and has experience appearing at all levels of New Zealand's justice system. She acts for infrastructure providers, corporate clients, local authorities, individuals and not for profit organisations. Bronwyn is the convenor of the New Zealand Law Society’s Environmental Law Committee, the editor of the Resource Management Law Association’s Journal and co-author of the “Land use, subdivision, designations, resource consent procedures and appeals” chapter in New Zealand’s leading text Environmental and Resource Management Law.
Mark Baker-Jones, Special Counsel, Simpson Grierson
Mark is a Special Counsel who leads Simpson Grierson’s climate change practice. A specialist on climate change issues and adaptation, Mark has worked extensively as a climate change policy advisor both here and in Australia. In mid-2019 he finished up his role as advisor to Climate Change Minister, Hon. James Shaw, on development of a new climate change legislative regime for New Zealand. Mark has also been heavily involved in climate change policy development in Queensland, Australia, and continues to hold an advisory board member position on the Queensland State Government Climate Advisory Council. His articles on climate change and legal risk, forced migration, and government policy on climate change have been published in numerous peer-reviewed publications.
Mike Smith, Chair of the Climate Change Iwi Leaders Group
Mike has a background in professional Māori community development and over 40 years experience as an activist and advocate for rights guaranteed in Te Tiriti o Waitangi. Now focusing attention to action on Climate Change, Mike is leading strategic pathways for the National Iwi Chairs Forum as the Chairperson of the Climate Change Iwi Leaders Group. Mike champions Māori community leaders taking action on the goals of; working collectively toward solutions to reduce all greenhouse gases, accelerating whānau, hapū and iwi resilience to climate change and building a Māori Climate Network across Aotearoa. As an engagement specialist, Mike has consistently been raising awareness on climate change with many whānau, hapū and iwi for over a decade. Mike lead the strategic alliance of iwi and Māori communities working with environmental NGO’s to end offshore fossil fuel expansion in Aotearoa and accelerate the era of sustainable energy.
Dr James Every-Palmer QC, Stout Street Chambers
James Every-Palmer is an experienced competition and regulatory lawyer with a wide-ranging commercial litigation practice. He has honours degrees in law and economics from the University of Otago, an LLM from Harvard Law School and a D.Phil from the University of Oxford. In addition to his litigation practice, James has been engaged in a number of law reform, public policy and market design projects in the electricity, banking, dairy and telecommunications sectors. Before joining the independent bar in 2013, James was a partner at Russell McVeagh.
Dr Bjørn-Oliver Magsig, Senior Lecturer, Victoria University of Wellington
Bjørn-Oliver joined the Faculty of Law of Victoria University of Wellington from University College Cork (Ireland), where he was a Lecturer in Law and the Director of the LLM programme in Marine and Maritime Law. Prior to this, he was a Research Fellow at the Helmholtz Centre for Environmental Research (Leipzig, Germany) where his work focused on international and comparative environmental law, environmental diplomacy, and the links between natural resources and international security – often from an interdisciplinary perspective. Bjørn-Oliver teaches Climate Change Law and Policy, Law of Freshwater Resources, and Property Law. He has led various interdisciplinary projects revolving around the socio-legal challenges of managing transboundary natural resources, serves on the Managing Board of the European Environmental Law Forum (EELF) and is a member of the IUCN World Commission on Environmental Law.
Vicki Morrison-Shaw, Director, Atkins Holm Majurey
As a director at Atkins Holm Majurey, Vicki leads project teams for new developments. She has advised local authorities on designations, plan, policy and strategic issues and represented both hem and represented people with an interest in these matters to effectively participate. Vicki has also advised on, and participated in due diligence, public works, leasing and Māori law processes. She has drafted and reviewed a wide variety of legal documents including consent conditions, relationship agreements, side agreements, development agreements and board reports. Vicki co-authored the Off-Shore Petroleum Health Safety and Environmental Legislation Review Report for the Ministry for the Environment in 2011; and in 2009 she co-authored the Māori Values Supplement to the Making Good Decisions Commissioners Training Programme for the Ministry of the Environment.
Venue
Cliftons
Level 4/45 Queen Street
Auckland CBD
Auckland 1010
New Zealand
Parking
Parking is not included in your registration. Nearby options are:
- Downtown Carpark (4 min walk) Click here for rates
- Britomart Carpark (10 min walk) Click here for rates
Directions
CLOSEST TRAIN STATION - Britomart Station, 600m (5 min walk)
CLOSEST BUS STOP - Multiple stops on Queen St and Customs St (1 min walk)