Corporate Support

Many clients are now looking for a package of the best lawyers to seamlessly work together to get major transactions across the line. We regularly work across a wider network of boutique firms providing specialist environmental input for due diligence. We appreciate that you need us to:

• Clearly identify likely risks early on in scoping.

• Commit to timeframes and deliver as promised.

• Identify commercial solutions to identified risks.

Our Directors have a wide experience in major transactions including the following, many of which were in the range of $20M - $200M+.

• Sales and purchases of a major municipal waste company and acquisition of a landfill.

• Purchase of a leading quarry and construction materials business.

• Purchase and development of luxury lodges.

• Sale/purchase of various metal manufacturing and retail businesses.

• Sale of a portfolio of retail assets.

• Divestment of part of a telecommunications network.

• Purchase of a forestry estate.

• Establishment of a brewery and entertainment precinct.

Urban development

We are leading litigators usually assisting clients to change district plans or obtain resource consent to facilitate both large and small scale urban development. Often this includes negotiating directly with infrastructure providers to ensure that sufficient infrastructure is delivered in a timely manner to service the development.

Andrew and Helen have played a key role in the following:

• Nola Estate, a fast track application for 220 dwellings on an 18,000m2 single house zoned site.

• Brickfields, a fast track application for 420 dwellings on a 7.5ha multi-zoned site.

• 44SBR, a luxury over-height apartment complex in Parnell, following a notified council hearing.

• Auranga, a $6.2Bn+ masterplanned community of 3,500+ homes and a town centre (with a further 12,000+ homes) in Drury West, Auckland, covering approximately 200ha (variations and plan changes).

• Rotokauri, a $.53Bn+ masterplanned community of approximately 1,600 homes in Rotokauri North, Hamilton, covering approximately 133ha (plan change and fast track for Stage 1).

• Sleepyhead Estate, a fast track application for Stage 1 of the Sleepyhead Estate development in Ohinewai, comprising a foam manufacturing plant, foam store, carpet underlay plant, foam conversion and bean plant, together with an associated rail siding to provide connection to the North Island Main Trunk line.

• Obtaining Ministerial referral for Lakeview | Taumata, a fast track application for Stage 1 of a $1Bn+ new residential and hospitality precinct in the Queenstown CBD, providing a range of hospitality, services, hotels, co-working and retail options.

• Blue Mountain Cleanfill Limited, a resource consent to establish and operate a 500,000m³ clean fill over 10ha, on a 21.24ha rural property at 196 Burtt Road, Drury, against strong opposition by neighbours and Auckland Council, where the consent application was approved non-notified.

• Signature Building, resource consent to establish and operate an early childhood education center in Bell Road, Beachlands, against strong opposition by neighbours and Auckland Council, where the relevant Environment Court appeal was resolved without requiring a hearing.

• Scott Point rezoning of 150ha of land from rural to urban as part of an integrated masterplan enabling about 3,000 new dwellings and associated resource consents for the development of 5 major parcels of land.  This project won the Supreme Practice Award: Nancy Northcroft Planning Practice Award and the Best Practice Award for District and Regional Planning, New Zealand Planning Institute’s Award.

Major projects/ infrastructure work

We have significant experience in acting both for those seeking to undertake large infrastructure projects, and submitters who are affected by such works. This background means we can successfully achieve appropriate outcomes for our clients, be they an infrastructure provider or affected landowner. Examples of Andrew and Helen’s notable work in this area include:

• Turitea Wind Farm (222MW, which will be Aotearoa New Zealand’s largest wind farm once fully operational) and Puketoi Wind Farm (159MW) (acting for applicant, Mercury Energy).

• East-West Link Project (acting for submitter, Advanced Flight Limited).

• Deep Stream/Waipori and Kaniere Forks/McKays Creek hydro-electric power schemes (acting for applicant, Trustpower Limited).

• State Highway 16/18, State Highway 20 to State Highway 1 Manukau Motorway Link, Waiouru Peninsula Connection to State Highway 1 and Hamilton Bypass Projects (acting for applicant, Transit New Zealand (now Waka Kotahi)).

• Obtaining resource consents and providing general consenting/strategy advice in respect of onshore oil and gas exploration, well sites and production facilities in Taranaki and Stewart Island (acting for applicant, Greymouth Petroleum Limited).

Prosecution, defence and enforcement

We will tenaciously defend our clients from the excesses of council prosecutions. This includes prosecutions under the RMA, the Building Act and seeking the suspension or cancellation of alcohol Licences. Andrew and Helen have a great success rate in:

• Having councils drop some or all charges.

• Having clients be found not guilty at trial, or having their charges dismissed on the basis they have no case to answer.

• Minimising fines and obtaining ‘discharges without conviction’, which are exceedingly rare.

• Ensuring insurance companies honour policies.

Alcohol licensing

We are a leading specialist in all areas of alcohol licensing. Andrew has been involved in most appeals against local alcohol policies across the country and has had a high level of success in overturning unreasonable policies and negotiating reasonable policies.

Andrew regularly appears before District Licensing Committees, the Alcohol Regulatory and Licensing Authority and the High Court either seeking or opposing Licences or defending applications for suspension.

Local Government, bylaws and council infrastructure

Andrew and Helen regularly act for clients in relation to development contribution policies, development contribution assessments, bylaws (in particular trade waste discharge permits), and consultation obligations. Our Directors are experts in engaging with councils, Watercare and Auckland Transport in relation to their rights and obligations when it comes to servicing development, infrastructure growth charges, limited access roads and other matters impacting development.

Public Works – acquisition and valuation

Not only is the government or the council out to take your land, they want to short-change you while they are at it. We provide strategic and litigation advice to a range of clients. We are particularly adept at adding value where the ability of land to be developed or zoning changes are at issue.

Andrew and Helen have had substantial success in advising clients in their claims against clients such as:

• Waka Kotahi

• Watercare

• Auckland Transport

Cultural/Tangata Whenua issues

Effectively working in partnership with relevant iwi/tangata whenua has always been critical to the success of any resource management proposal. The importance of such relationships will be further strengthened under the provisions of the proposed Natural and Built Environment legislation. Andrew and Helen have significant experience in advising how to successfully approach this matter.

We also assist iwi/tangata whenua to progress matters such as settlements under Te Tiriti o Waitangi and applications under the Marine and Coastal Area (Takutai Moana) Act 2011. Examples of our Directors’ work in this area include:

• Acting on resource management aspects in settling Waikato-Tainui’s Waikato River claim;

• Advising Waikato-Tainui on various other matters, including Variation 6 (Water Allocation) to the Waikato Regional Plan, various resource management reform proposals and progressing joint management agreements with relevant local authorities, as provided for in the settlement of their Waikato River claim;

• Acting for the Wairarapa Moana ki Pouakani Incorporation in relation to a range of water take consents.

• Advising on Waikato-Tainui’s Environmental Management Plan “Tai Tumu, Tai Pari, Tai Ao” (which received the 2015 New Zealand Planning Institute Best Practice award for Excellence in Strategic Planning and Guidance);

• Advising Te Whanau-a-Haunui and Te Runanga o NgaiTakoto in respect of their respective MACA applications (as well as advising clients who are interested in other MACA applications); and

• Acting for Te Runanga o NgaiTakoto and Te Runanga o Te Rarawa in respect of their applications for groundwater take from the Aupouri aquifer in Te Tai Tokerau.

Policy Development and leadership

Our Directors are heavily involved in environmental policy development. Both have extensive experience writing and presenting submissions to Select Committees and are actively advising on the implications of RMA reform.  

Andrew and Helen are leaders in their field. Helen is on the NZLS Environmental and Resource Management Law Committee. Helen and Andrew both contribute to a number of publications in the resource management and environment area, including Planning Quarterly, The Property Lawyer, The Resource Management Bulletin, Resource Management Journal and Law News.  They write on a range of matters, including zoning changes from the Medium Density Residential Standards, climate change and development contributions.