Environmental Law Summit
Major changes are underway to New Zealand’s environmental policies, laws and regulations so it is essential you’re across the latest developments. Join an experienced panel as they share valuable insights. Unpack the legal changes in fast track consenting projects, case law, water law, resource management and climate change. Plus, examine why Māori issues are important in an environmental law context and receive practical guidance on presenting cases before Independent Hearing Commissioners. WEB223NZA17
Description
Attend and earn 7 CPD hours
Session 1
Key Updates in Environmental Law
Chair: Derek Nolan KC, Bankside Chambers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 10.05am Fast Track Consenting: How Successful has it Been?
- What did it set out to achieve?
- A recap on the process
- Key pinch-points
- Lessons learned
- The verdict
Presented by Daniel Minhinnick, Partner, Russell McVeagh
10.05am to 11.00am Māori and Environmental Law: The Emerging Trends
- Why Māori values and issues are important in environmental law
- 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, Barrister
11.00am to 11.15am Morning Tea
11.15am to 12.10pm RMA System Reform and the Implications for Three Waters
- The new water service entities
- Replacement RMA regime and the implications for three waters
- What is required to deliver on the objectives of three waters reform? Pathways through the new NBA
- Water services entities and spatial planning processes
Presented by Simon Pilkinton, Partner, Russell McVeagh
12.10pm to 1.10pm RMA Panel Discussion
Receive valuable insight from experienced practitioners working with Council, infrastructure organisations and NGOs, on the latest issues in RMA reform.
Panellists:
Megan Tyler, Chief of Strategy, Chief Planning Office, Auckland Council
Joanne Mooar, Senior Corporate Counsel, Transpower New Zealand Ltd
Sally Gepp, Barrister
1.10pm to 1.15pm Final Q+A and Closing Comments by the Chair
Learning Objectives:
- Evaluate the success of the fast track consenting process
- Reflect on the importance of Māori values and issues in an environmental law context
- Consider the implications for three waters in light of the RMA system reform
- Get up to date on the latest issues in RMA Reform
Session 2
Climate Change, Case Updates and Hearing Procedures
Chair: Janette Campbell, Barrister, Bankside Chambers
2.00pm to 2.05pm Opening Comments by the Chair
2.05pm to 3.05pm Update on Climate Change under the RMA, and Beyond
- 2020 Amendments to the RMA as now in force
- Natural and Built Environments Act Exposure Draft provisions addressing climate change mitigation and adaptation
- Managed Retreat and Climate Change Adaptation Act
- Implications of first Emissions Reduction Plan under Climate Change Response Act
Presented by Martin Williams, Barrister, Shakespeare Chambers
3.05pm to 4.00pm Environmental Case Law Update: Recent and Significant Decisions
- Look into the most interesting and significant resource management cases
- Focus on the practical implications of those decisions
Presented by Sarah Mitchell, Senior Associate, Simpson Grierson
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.10pm Effective Presentations of Important Cases before Independent Hearing Commissioners
- Hearing procedures
- Roles and responsibilities of counsel and expert witnesses
- What works well and what doesn’t
- Some examples
Presented by Dr Phil Mitchell, Partner, Mitchell Daysh Ltd; Experienced Chair of Hearing Panels on Significant Applications
5.10pm to 5.15pm Final Q+A and Closing Comments by the Chair
Learning Objectives:
- Consider climate change mitigation and adaptation
- Stay up to date on interesting and significant resource management cases and discuss the key takeaways
- Receive guidance on the key issues arising in presentations before Independent Hearing Commissioners
Presenters
Derek Nolan KC
Derek Nolan KC 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 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 is also the Editor and an author of the leading environmental law textbook in New Zealand ‘Environmental and Resource Management Law’ (LexisNexis).
Daniel Minhinnick
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, developers and development agencies, retailers and primary production. He and others at Russell McVeagh have advised a range of clients on a number of fast-track proposals.
Vicki Morrison-Shaw
Vicki has broad experience in the environmental, Māori and local government sectors having worked in private practice, in-house and policy/iwi consultation roles. Vicki has led project teams for new developments, and advised and represented regulatory authorities, applicants and interested parties in relation to resource and marine consent processes. She has appeared as counsel at all levels of the Courts - from first instance council and Environmental Protection Authority hearings up to and including the Supreme Court. Vicki is a certified Making Good Decisions commissioner and co-author of the original Māori Values Supplement for the Making Good Decisions Commissioners Training Programme. Vicki has affiliations to Ngāpuhi iwi and is currently studying Te Reo Māori at AUT.
Simon Pilkinton
Simon is a Partner in Russell McVeagh's Environment, Planning and Natural Resources team. He leads the firm's multi-disciplinary Three Waters sector group. Simon advises a range of clients including Watercare Services and other major infrastructure providers on their development projects, as well as on environmental and regulatory law and policy reform that may affect their existing operations and future development plans. He has a particular focus on Three Waters reform and the potential implications that will arise for water, wastewater and stormwater infrastructure providers.
Megan Tyler
Megan has the privilege of leading the wonderful team who deliver the strategies, planning and internal and external communications for Auckland. She trained as a planner and has had 20 years in local government in Auckland. Megan is passionate about partnering with others to make a difference to current and future Aucklanders. She is an Aucklander born and bred and loves this region. When She is not working, Megan loves to spend time with her two beautiful nieces and keeping up-to-date with anything sports-related.
Sally Gepp
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.
Janette Campbell
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 regularly works on a range of local and central government infrastructure projects, such as schools, roading and landfills. Having acted for all sides of resource management and infrastructure matters, she can quickly discern the best options for resolution of any dispute or advancing a particular application. She is passionate about her work and undertook academic studies in this area with a Master’s degree in Law from the University of California at Berkeley. Janette’s academic excellence is matched by a commercial acuity born of years of top-level experience. She has a strong ability to integrate with clients’ teams. Janette identifies key project issues and works with clients to devise effective responses. Importantly, she has the ability not only to ensure successful project outcomes, but also to secure a foundation upon which those involved in or affected by a project can create lasting working relationships.
Martin Williams
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.
Sarah Mitchell
Sarah works with a wide range of corporate clients, local authorities and CCOs, providing advice on resource management and local government legal issues. She has expertise in large project work and the management of complex appeals. She appears regularly in Council hearings and before the Environment Court and High Court on resource consent applications, district plan and designation appeals and judicial review and declaration proceedings.
Dr Phil Mitchell
Dr Phil Mitchell has acted as a hearings commissioner and hearings chair on some 100 occasions. His commissioner experience encompasses all aspects of resource management for both regional and territorial authorities. Dr Mitchell also has wide ranging experience in providing strategic environmental advice to both the private and public sectors and has an in-depth knowledge of New Zealand’s environmental legislation and its implementation. He is also an experienced expert witness. He is a Full Member of the New Zealand Planning Institute and was awarded their Distinguished Service Award in 2015. He is also a Past-President of the Resource Management Law Association.
Jo Mooar
Jo is a Senior Corporate Counsel at Transpower, with an environmental law focus. Jo has over 20 years RMA experience, including 10 years at commercial law firms. In this time, Jo has worked on large infrastructure projects, for Transpower and other infrastructure operator providers. Jo has been involved in numerous regulatory processes under the RMA and other fast track legislation, including select committee hearings and council plan making processes.