Services and work

James is a highly experienced advocate and strategic advisor in all areas of environmental law, as well as related regulatory and public law matters. Some examples of his expertise and significant roles are set out below.

 
 

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 – Covid-19 fast-track consents for 650 household residential development in Maraenui, Napier

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

Infrastructure

  • 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

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 South Irrigation – acting for Te Rūnanga o Ngāi Tahu in successfully opposing applications for additional water takes for the Klondyke enhancement project

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 and compliance issues 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

Enforcement

  • 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 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

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

Independent reviews 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

Find out more about James or view his credentials.