Services and work

Plan processes

• Advising on various major plan review processes, including Queenstown Lakes, Porirua, Christchurch, New Plymouth, and Kāpiti Coast district plans

• Taupō District Council – advising on various strategic planning projects and plan changes including rural, natural hazards, town centre, commercial, and industrial plan changes and acting on resulting Environment Court litigation 

• Proposed Christchurch Replacement District Plan – acting for Christchurch City Council in a fast-tracked and bespoke plan review and hearing process, conducted by a Crown-appointed Independent Hearing Panel under earthquake recovery legislation

Energy

• Transpower North Island Grid Upgrade Project – an $824 million project to obtain approvals for a new 186 km overhead transmission line, underground cables, and substations, following the exercise of call-in powers by the Minister for the Environment as a project of national significance

• Counsel on various wind farm appeals for the Energy Efficiency and Conservation Authority

• Transpower – counsel for Transpower before Board of Inquiry for National Policy Statement on Electricity Transmission

• Due diligence on purchase of Shell New Zealand upstream assets and business

Strategic growth planning/urban regeneration

• Advising Porirua City Council on the $1.5 billion Porirua East regeneration projects, and on the streamlined plan process for the 384ha Plimmerton Farm greenfield urban rezoning

•  Greater Christchurch Urban Development Strategy project – implementation of a 35 year plan for managing urban growth, infrastructure, and land use in greater Christchurch

• Advising various district and regional councils on implementation of the National Policy Statement on Urban Development

• Te Orokohanga Hou – rezoning and consents for 650 household residential development in Maraenui, Napier

• Hastings and Napier Future Development Strategy - acting for various landowners and submitters on future development capacity locations and options

• Ōmokoroa Country Club - advising on plan changes, consenting, infrastructure and financial contributions issues for development of 17 hectare premium retirement village in Western Bay of Plenty district

Industrial

• Resource consents for numerous BP service stations throughout New Zealand

• MasterFoods – private plan change for new greenfields manufacturing facility in Whanganui

•  Resource consents for new bulk fuel petroleum storage terminals in Seaview and Lyttelton, and for the operation of the Seaview pipeline

• Mr Apple - advising on proposed rezoning and development of a new consolidated apple processing and storage facility in Hastings for New Zealand’s largest apple exporter

Infrastructure

• Tukituki Water Security Project - advising on strategy and development (including Fast-track Consenting Act project listing and consenting processes) relating to the former Ruataniwha Water Storage Scheme in Hawke’s Bay

• Kāpiti Western Link Road and East Taupō Arterial Road – designations for major roading projects, including Environment Court and High Court litigation

• Christchurch Southern Motorway – advising Christchurch City Council on consenting and designation processes

• Queenstown Airport expansion – acting for QLDC in Environment Court litigation regarding proposed airport expansion

• Resource consents for Wellington City Council ASB Indoor Sports Centre

• TelstraClear national submarine fibre-optic cable project

• Spicer Landfill Re-consenting Project

• Pan Pac Forest Products - advice on consenting and re-establishment of floor protection works for timber processing plant and electricity substation following Cyclone Gabrielle at Whirinaki, Napier

• Taupō District Council - advice on landfill expansion, roading development, water supply and airport designation issues and related Environment Court litigation

Water quality and allocation

• Te Rūnanga o Ngāi Tahu – advising on complex water allocation and quality issues relating to the Southland and Canterbury Land and Water Regional Plans, including Environment Court appeals

• Waitaki Water Allocation Regional Plan – achieving 11 cumec flow allocation for mahinga kai purposes for Te Rūnanga o Ngāi Tahu

• Otago Plan Change 7 – acting for Te Rūnanga o Ngāi Tahu on direct referral to Environment Court regarding interim regime for historical “deemed permits” and former mining privileges for water allocation

• Hurunui Water Project – successfully opposing applications by HWP for additional nutrient discharges to the Hurunui catchment

• Rangitata Diversion Race – acting for Te Rūnanga o Ngāi Tahu in successfully opposing applications for additional water takes for the Klondyke enhancement project

• Te Rūnanga o Arowhenua - acting on appeals relating to proposed Managed Aquifer Recharge proposals using water from the Rangitata River

Natural hazards

• Horizons Regional Council – advice to Catchment Operations Group on various flood protection and river management issues

• Cyclone Gabrielle - advice to various landowners on voluntary buy-out processes, land stability issues and land remediation options

• Taupō District Council - advice on legal options to address lakefront erosion

• Maraenui Golf Club - advising on stopbank remediation and enhancement proposals and impacts on club facilities following Cyclone Gabrielle

• Advising landowners on coastal hazard and sea-level rise and resulting land protection and liability issues

Water and wastewater

• Advising Veolia Water New Zealand Limited on various environmental issues concerning the operation of the Wellington City wastewater treatment plants

• Resource consents for Kāpiti Coast District Council for Waikanae Borefield and River Water Supply Project

• New Plymouth District Council – resource consents for upgrades to New Plymouth wastewater treatment plant and coastal permits for ocean outfalls

• Global resource consents for stormwater networks and discharges for south-west Christchurch urban area

• Advising Horizons Regional Council on Palmerston North wastewater treatment plant consents

Offshore consenting/oil and gas

• Chatham Rock Phosphate – application for marine consent under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 for mining of rock phosphate from the seabed of the Chatham Rise

• OMV NZ – advising on EEZ Act marine consent, compliance and decommissioning issues for various offshore oil and gas production and exploration programmes, including offshore Taranaki and the Great South Basin permit areas

• Beach Energy – marine consents for exploration in offshore Canterbury prospect, and the Kupe Phase 2 exploration and production project

Commercial/residential

• Clyde Quay Wharf (for Wellington Overseas Passenger Terminal) redevelopment and apartments for Willis Bond Limited

• Fort Dorset subdivision and development for Globe Holdings Limited

• Gillies Group Limited – various commercial and residential developments in Upper Hutt

• Acting for Queenstown Lakes District Council in resolving complex litigation to enable commercial and residential development of the Frankton Flats area

• Maymorn Developments Limited – private plan change 55 to the Upper Hutt District Plan for 75ha residential rezoning

• Advising on proposed tourism and associated residential redevelopment of Hastings Golf Club

• Plimmerton Farm Stage 1 - obtaining consents under the Covid-19 Recovery Fast-track Consenting legislation for subdivision of 380 hectare greenfield site and construction of 550 new houses

• Queenstown Ladies Mile Streamlined Plan Process - acting for landowner in successfully having approximately 20 hectares of land adjacent to the Shotover River rezoned for medium density development

Enforcement and prosecution

• Acting for various local authorities seeking enforcement orders for breaches of the RMA and resource consents

• Defending Porirua City Council on prosecutions for unauthorised discharges from its wastewater treatment plant

• Advising on Environment Court enforcement proceedings regarding storage of waste products from Tiwai Point aluminium smelter

• New Plymouth District Council – various successful prosecutions under the Building Act in respect of unauthorised building work and dangerous and insanitary buildings

• Southland DC v Chartres – successfully defending enforcement order and prosecution proceedings alleging unlawful vegetation clearance on high country station, including reliance on existing use rights

• Defending prosecutions relating to gravel extraction and remedial activities undertaken by landowners on land damaged by Cyclone Gabrielle

• Forest360 Limited - advising on compliance and enforcement issues relating to forestry harvesting activities in various regions

Public law/judicial review

• OMV NZ Limited - successfully defending judicial review proceedings brought by Greenpeace relating to Great South Basin exploration programme

• Canterbury earthquakes – advising on emergency powers and recovery planning under earthquake recovery legislation

• Numerous judicial review proceedings regarding RMA decision making on notification of resource consent applications

• Advice and Select Committee appearances for various clients relating to submissions on new or amended legislation

Public Works Act and related litigation

• Phoenix Dam - advising Clutha District Council regarding stability and public water supply issues relating to historic gold mining dam, including subsequent litigation regarding responsibility for dam decommissioning

• Ballantyne Road, Wanaka - acting for former landowner in proceedings relating to section 40 offer-back obligations

• Chesterhope Station - advising the Joan Fernie Charitable Trust on complex land acquisition, injurious affection and compensation issues associated with flood protection works

• Landsdale Development Limited - advising on various PWA and compensation issues relating to the development of the Brookvale urban area, Havelock North

Independent reviews, decision-making and advisory work

• Counsel advising the Independent Panel for the Wellington City Proposed District Plan hearings

• Independent review of Horizons Regional Council consenting practice relating to iwi/Māori matters

• Chair of Expert Consenting Panel for decision-making on Covid-19 Recovery Fast-track Consenting Projects

Find out more about James or view his credentials.