Environmental Law and Climate Change Summit
New Zealand is experiencing a tide of change in the environment law space so set yourself up for 2023 and attend this conference to learn about the implications and applications of the reformed resource management system. Evade uncertainty about how to apply the NBA, SPA and CCAA in your practice and keep up to date with the new precedents set in the emerging case law. Immerse yourself in sessions about tikanga and how to conduct yourself in different Courts, to excel in your practice. WEB233NZA19Z
Description
Attend and earn 7 CPD hours
Session 1
Reforming the Resource Management System
Chair: Christina Sheard, Partner, Dentons Kensington Swan
9.00am to 10.00am Case Law Overview
Join Diana for a comprehensive overview of the latest Decisions in Environmental Law that you need to know.
Presented by Diana Hartley, Partner, DLA Piper
10.00am to 11.00am PANEL DISCUSSION: Natural and Built Environment Act: Does it Provide What we Need?
- Implications and interpretations
- Does it get the balance right in terms of protecting what matters vs reducing inefficiencies in the current system
Panellists:
Phil Mitchell, Partner, Mitchell Daysh
Simon Berry, Partner, Berry Simons
Megan Tyler, Chief of Strategy, Chief Planning Office, Auckland Council
11.00am to 11.15am Morning Break
11.15am to 12.15pm Spatial Planning Act: Is it Enough?
- Infrastructure funding and financing: Alternatives and delivery issues
- Is the Act going to unlock infrastructure capabilities?
Presented by Jennifer Caldwell, Partner, Buddle Findlay
12.15pm to 1.15pm National Planning Framework: An Epic or a Tragedy
Will the proposed National Planning Framework be the “One Ring to rule them all” or will its quest end in despair? With reference to both infrastructure and freshwater, what challenges will the National Planning Framework face in endeavouring to combine more than 20 national documents into a coherent, consolidated, comprehensive, and succinct single document.
Presented by Bal Matheson, Barrister, Richmond Chambers
Learning Objectives:
- Learn about the latest cases impacting the environment sector
- Examine the implications of the Natural and Built Environment Act
- Assess the effectiveness of the Spatial Planning Act
- Consider the potential success of the national planning framework
Session 2
Climate Change, Tikanga Māori & Resource Management in the Courts
Chair: Peter Fuller, Barrister, Quay Chambers
2.00pm to 3.00pm Conduct in Different Courts: More Than Your Standard 101
Hear from esteemed barrister Anthony Hughes-Johnson as he guides you through this session which will cover the need to have regard for the difference in jurisprudential thinking in the Environment Court and the superior courts and how this should influence the conduct of cases in each of the courts.
Presented by Anthony Hughes-Johnson KC, Barrister
3.00pm to 4.00pm Climate Change in Environmental Law
- Climate Change Adaptation Plan
- Climate Change Emissions Reduction Plan
- Case law update (client change litigation in New Zealand)
- Resource management system reform as relates to climate change.
Presented by Martin Williams, Barrister, Shakespeare Chambers
4.00pm to 4.15pm Afternoon Break
4.15pm to 5.15pm Tikanga in Environmental Law
- Incorporation progress
- Case law across different contexts
- Māori views on this
- Māori in planning law
Presented by Kuru Ketu, Associate, McCaw Lewis; Board Member, Te Hunga Roia Māori o Aotearoa (The Māori Law Society) and co-representative - Waikato Region
Learning Objectives:
- Decipher the climate change developments and their potential to reduce emissions
- Evaluate the incorporation of Tikanga in environment law
- Strengthen your understanding of appropriate conduct in courts of different levels
Presenters
Christina Sheard
Christina is a resource management specialist with over 20 years’ experience in leading law firms in Auckland and London. She advises industrial, commercial, residential and government clients on all aspects of the Resource Management Act and associated legislation. Christina has a special interest in urban growth and spatial planning. Her dual legal and planning qualifications give her a unique ability to provide pragmatic legal advice on environmental and planning issues. She has extensive experience with district and regional plan formulation, private plan change applications and legislative reform. Christina efficiently guides clients through the consenting process, from providing strategic advice during the project concept design phase through to obtaining consents. Her work within the transportation, energy and irrigation sectors has seen her involved in numerous major projects involving large teams of experts. Through this work she has also developed specialist expertise in freshwater management issues.
Diana Hartley
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.
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.
Simon Berry
Simon Berry is a specialist Environmental lawyer with 40 years’ experience in the area. Simon is a partner of the Environmental Law boutique firm, Berry Simons, which he founded with Sue Simons in April 2012. Prior to that, Simon spent 22 years in big firms and 8 years as a specialist barrister. Simon has a great deal of experience advising a wide range of public and private sector clients, including local authorities and major corporates, on RMA-related issues, especially in relation to land development, water and wastewater, energy, and infrastructure. He is also an independent hearing commissioner.
Megan Tyler
Megan is the Chief of Strategy at Auckland Council and is a member of the Executive leadership team. She is a town planner by profession and has worked in Auckland for her whole career. As a born and bred Aucklander she loves the city and the region, and is privileged to work for its future. As Chief of Strategy, Megan leads teams responsible for strategy, public policy and land-use planning. Key responsibilities include planning for growth, housing and business; infrastructure and transport; place-making; response to climate change; environmental and community policy; and research and monitoring.
Jennifer Caldwell
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
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.
Peter Fuller
Peter Fuller is a barrister with experience and qualifications in law, planning, environmental management, and horticultural science. He has appeared before council hearings, the Environment Court, and the High Court and has over 30 years' experience in environmental management and over 15 years as legal counsel. Peter has advised a diverse range of clients including private property developers, transport operators, dairy and forestry owners, body corporate committees, councils, and Government departments by providing advice on policy and legislative reform. He has also advised clients in civil and judicial review proceedings. Peter is an accredited hearings commissioner and recently served for 2 years as an Independent Commissioner on the Hearings Panel for the Auckland Unitary Plan and chaired several sub-panels.
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.
Kuru Ketu
Kuru assists clients with a large range of resource management and environmental matters, including Council level and Environment Court litigation, Higher Court appeals, strategic advice regarding plan changes and law reform, as well as advice in all other RMA processes. He also assists clients with Marine and Coastal Area (Takutai Moana) applications in the High Court, Māori Land issues and Waitangi Tribunal inquiries. Kuru has appeared in the Waitangi Tribunal, Environment Court, Māori Land Court, Māori Appellate Court, High Court, Court of Appeal and Supreme Court as either lead or junior counsel. He has significant experience working with, and for, iwi, hapū and whānau at the intersection of tikanga Māori and te ture pākeha within our legal system. In recognition of his environmental expertise with a strong focus on Māori and tikanga issues in the RMA system, Kuru was appointed to the Environmental Legal Assistance Fund by the Minister for the Environment in 2021. Kuru is dedicated to supporting the Māori legal community. He is a board member on Te Hunga Roia Māori o Aotearoa (The Māori Law Society) as the co-representative for the Waikato Region. He sits on other whānau trusts in a volunteer capacity.
Anthony Hughes-Johnson KC
Anthony Hughes-Johnson KC has been in practice as a barrister since 1988. He was appointed as a Queen's Counsel in 1998. Mr Hughes-Johnson has wide experience in civil litigation. This has included advising local authorities, involvement in resource management and local government litigation and a broad practice centred on commercial litigation. Mr Hughes-Johnson was appointed as counsel to assist the commission in the Cave Creek Inquiry. Mr Hughes-Johnson is a past president of the Canterbury District Law Society and is involved in professional conduct matters. In 2012 Mr Hughes-Johnson was appointed a Fellow of the Arbitrators’ and Mediators’ Institute of New-Zealand Inc in arbitration and is involved in alternative dispute resolution, including acting as counsel in mediations. In addition Mr Hughes-Johnson is a qualified commissioner in resource management matters and has been appointed by a number of local authorities to hear and determine substantial planning matters.