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Environment & Resource Management

Tompkins Wake provides expertise in environmental and resource management law helping our clients navigate the Resource Management Act and associated legislation governing the allocation and management of New Zealand's finite resources and environment under ever-increasing public awareness.

Our experience and reputation have been built by assembling a team of specialists who understand the diverse nature of both public and private sector needs in environmental and resource management law. 

We have developed a deep understanding of our clients’ businesses, practices and strategies and we integrate with all levels of their organisations, providing legal advice and assistance across the entire spectrum of their operations. Our expertise provides immediate, real-time assistance for all levels of client decision making. Our relationships with our clients enable us to anticipate issues before they arise, and guide our clients through statutory and regulatory frameworks so as to avoid problems, rather than simply assist in their resolution.

We excel in providing authoritative and strategic advice to our clients to meet their objectives.

Resource Consents - Our team represents clients throughout the resource consent application process, from lodgement of an application through to appeals to the Environment Court in relation to a range of activities.  Our relationships and in-depth knowledge of the process means that we are able to provide timely and strategic advice from the outset.  Recent examples include the renewal of resource consents for processing facilities, including air and water discharges; renewal of resource consents for water takes for dairy farms; applications for resource consent for discharges to land; and requests for certificates of compliance.

Plan Changes - Part of a strategic approach to environmental management is participation in plan change processes.  We represent clients throughout the submission and appeal processes in relation to both district and regional plans, including hearings in the Environment Court/Board of Inquiry.

Due Diligence - As part of an overall strategic approach to environmental management, our team regularly undertakes due diligence processes for clients in addition to maintaining a watching brief of developments in resource management which may impact on a client’s business. 

Our Environmental and Resource Management team works alongside specialists from across Tompkins Wake to ensure our clients have access to the expertise they need in their day to day operations through to their most complex decision making and major projects. 

Recognition of our Environment & Resource Management expertise:

"The knowledge and response times are excellent, the advice is sound and pragmatic, and the team is well resourced with experts."

The Legal 500, Asia Pacific 2018, Projects and Resource Management (including Environment) - Tier 3

Recent examples of our work:

Local Government clients

  • Auckland Council/Environment Court
    • Appointed legal process assistant to provide help to potential appellants in relation to Section 156 appeals on the Auckland Unitary Plan.
  • Hamilton City Council
    • District Plan review
    • Plan change to partly operative district plan
    • Southern Links designation and resource consents
  • Otorohanga District Council
    • District Plan review
    • Department of Corrections proposed expansion of Waikeria Prison
    • Resource consent applications and Notice of Requirement for proposed gas-fired power station
    • Resource consent application for proposed dairy factory
  • Rotorua Lakes Council
    • District Plan review
    • Submissions on regional plan changes
    • Submission on private plan changes
    • District Plan review
  • Waikato District Council
    • Plan changes to operative District Plan
    • Resource consent applications for MSW landfill
    • Dairy factory resource consent applications 
    • District Plan review
  • Waipa District Council
    • District Plan review
  • Waitomo District Council
    • District Plan review

Private sector clients

  • Resource management advice to a range of significant agribusiness entities, including applications for resource consent (land use, discharge consents, and water permits); submissions on plan changes and representation at hearings.
  • Providing advice in relation to the closure of a significant mine in the Waikato region, including relevant resource management processes
  • Representation in resource consent processes, at first instance and on appeal, for significant manufacturing entities in the primary sector.

Areas of expertise:

  • Coastal and Oceans Policy
  • Contamination Issues
  • Designations
  • Environmental Due Diligence
  • Environmental Impact Management
  • Environmental Prosecutions
  • Freshwater Management
  • Infrastructure and Procurement
  • Judicial Review
  • Mining and Resources
  • Oil, Gas and Minerals
  • Plan Changes, Variations and Plan Reviews
  • Private Development Agreements
  • Resource Consents
  • Resource Management Act (RMA)
  • Rural Environmental Issues
  • Rural Planning and Development
  • Urban Planning and Development
  • Board of Inquiry Hearings
  • Building Act Processes
  • Coastal Development
  • RMA Compliance and Enforcement
  • Wastewater Treatment and Discharge

Environment & Resource Management team

Bridget Parham

Partner

Theresa Le Bas

Partner

Linda O'Reilly

Special Counsel

Jill Gregory

Senior Associate

Wendy Embling

Senior Associate

Beth Ford

Associate

Kahlia Goss

Solicitor

Knowledge and insights

Councils challenge to transfer of water services rejected in High Court

Thursday 30 March, 2023

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Severe Weather Emergency Legislation Act 2023: Part 2

Monday 27 March, 2023

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Severe Weather Emergency Legislation Act 2023

Thursday 23 March, 2023

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Climate Change: Rebuild or managed retreat?

Monday 20 March, 2023

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Snapshot: In case of emergency

Tuesday 28 February, 2023

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Future response to extreme weather events

Monday 27 February, 2023

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Big changes for Local Government: have your say!

Tuesday 24 January, 2023

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Tompkins Wake reaffirms place on international stage

Tuesday 17 January, 2023

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Snapshot on penalties for environmental offending

Monday 12 December, 2022

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Land Information Memoranda reports just got even trickier

Tuesday 6 December, 2022

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Snapshot on fast-track consenting

Tuesday 29 November, 2022

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Snapshot on Emergency/Social Housing

Tuesday 22 November, 2022

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When the rubber hits the road - All aboard Aotearoa's challenge

Tuesday 11 October, 2022

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Will proposed changes lead to better streets?

Tuesday 11 October, 2022

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Consent to consenting: The limits of written approval

Tuesday 11 October, 2022

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Is a kiwifruit licence part of the rateable value?

Tuesday 11 October, 2022

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The $4 million filing error

Tuesday 11 October, 2022

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New Zealand has its first National Adaptation Plan

Tuesday 23 August, 2022

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Maunga Authority out on a limb over tree removal

Tuesday 12 July, 2022

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Scope of Court Orders for “Work Required to Be Done” in Easements & Covenants

Tuesday 12 July, 2022

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No need to get bogged down in natural wetland definition… yet

Wednesday 13 July, 2022

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Court and councils swamped with wetland rules

Wednesday 13 July, 2022

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Three Waters reform under way

Wednesday 8 June, 2022

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New Process for Setting Speed Limits

Monday 16 May, 2022

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Feedback open on proposed changes to AUP for new housing rules

Wednesday 4 May, 2022

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Operative plans and proposed plans: what to do when there is a significant policy shift?

Wednesday 30 March, 2022

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Sentencing for wetland disturbance

Wednesday 30 March, 2022

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Declarations not a backdoor to challenge resource consents

Wednesday 30 March, 2022

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Shaky fixer uppers

Wednesday 30 March, 2022

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Evidential burden and clear conditions: Cable Bay Wine prosecutions on appeal

Wednesday 30 March, 2022

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Notices of requirement are relevant for resource consent applications

Wednesday 30 March, 2022

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Avoidance policies reign in the wake of King Salmon, but what do they require?

Wednesday 30 March, 2022

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Court gives guidance on consultation and decision-making process

Wednesday 30 March, 2022

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Next steps for Three Waters?

Wednesday 9 March, 2022

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Good Time to Check Delegations

Tuesday 1 February, 2022

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Tompkins Wake named a leading law firm in Asia Pacific

Wednesday 26 January, 2022

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Tompkins Wake assists billion-dollar development to proceed

Tuesday 21 December, 2021

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Rise of the Townhouse

Tuesday 21 December, 2021

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Cultural evidence and the continued draw of the overall judgment

Tuesday 21 December, 2021

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Supreme Court upholds environmental bottom line

Tuesday 21 December, 2021

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Three Waters Proceeds

Tuesday 21 December, 2021

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Tompkins Wake a triple winner at the 2021 NZ Law Awards

Friday 19 November, 2021

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Will new housing density rules increase contributions for developers?

Thursday 28 October, 2021

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New planning process for housing intensification rules

Thursday 28 October, 2021

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Will RMA changes help fix New Zealand's housing problem?

Wednesday 20 October, 2021

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Tompkins Wake welcomes new Special Counsel

Monday 4 October, 2021

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New rules for tyres stored outdoors

Tuesday 5 October, 2021

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"End use" effects off to the Court of Appeal

Tuesday 5 October, 2021

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Filing appeals - time limits and waivers

Tuesday 5 October, 2021

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Flight or fight: Does a promise to the community matter?

Tuesday 5 October, 2021

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Council faces costs award for deficient prosecution

Tuesday 5 October, 2021

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First stage of RMA reform a step closer

Tuesday 6 July, 2021

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Lease of Wanaka Airport set aside due to insufficient consultation

Tuesday 15 June, 2021

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What if an abatement notice requires you to breach the Resource Management Act?

Tuesday 15 June, 2021

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Shelly Bay development comes one step closer

Tuesday 15 June, 2021

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From car parking fine to judicial review of a council’s code of conduct

Tuesday 15 June, 2021

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Local council ordered to pay costs!

Tuesday 15 June, 2021

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Success for Synlait in the Supreme Court

Tuesday 15 June, 2021

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“No ‘wine-ing’ covenants” declined for a subdivision consent in Gibbston Valley

Tuesday 15 June, 2021

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When is a resource consent “granted"?

Tuesday 15 June, 2021

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Promise to engage on consent application has consequences!

Tuesday 15 June, 2021

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What is the future for local government?

Tuesday 27 April, 2021

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Can councils revive a lapsed resource consent?

Thursday 18 March, 2021

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Councils remain liable for compliance of contractors with the RMA

Thursday 18 March, 2021

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No generic court orders for compulsory seismic work

Thursday 18 March, 2021

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Can end use be considered in a resource consent application?

Thursday 18 March, 2021

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Can the Environment Court decide who is primary mana whenua?

Thursday 18 March, 2021

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Council sent back to the drawing board on climate change

Thursday 18 March, 2021

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Government confirms commitment to resource management reform

Monday 15 February, 2021

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RMA Reform: Proposed changes to the resource consent process

Monday 7 December, 2020

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RMA Reform: Proposed changes to the resource management system

Monday 7 December, 2020

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Resource Management (Stock Exclusions) Regulations 2020

Monday 7 December, 2020

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Lapsed consent, waiver and time limit extension powers

Monday 7 December, 2020

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Bottom lines for the bottom of the ocean

Monday 7 December, 2020

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Natural justice adrift in Schmuck v Northland Regional Council

Monday 7 December, 2020

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Appropriateness of zoning privately owned land as open space

Monday 7 December, 2020

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National Environmental Standards for Marine Aquaculture

Monday 7 December, 2020

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Will resource consent be needed to operate an Airbnb?

Monday 28 September, 2020

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COVID-19 Recovery (Fast-Track Consenting) Act 2020

Friday 31 July, 2020

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Developments for Three Waters Reform

Thursday 13 August, 2020

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Randerson Report released: New Direction for Resource Management

Wednesday 5 August, 2020

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Resource Management Amendment Act 2020

Friday 31 July, 2020

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Modification of a notice of requirement

Friday 31 July, 2020

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Council's obligations on an application for a certificate of compliance

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Waikato assist Auckland water shortage crisis

Friday 31 July, 2020

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National Environmental Standards for Freshwater

Thursday 13 August, 2020

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New Environmental Freshwater Standard

Friday 5 June, 2020

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Resource Management Amendment Bill 2019

Thursday 23 April, 2020

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Could companies be liable to the public for the harm caused by their emissions?

Tuesday 10 March, 2020

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Supreme Court refuses to hear rates revolt case

Wednesday 1 April, 2020

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Application of King Salmon to Regional Policy Statements

Monday 13 January, 2020

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Government Infrastructure Announcement

Wednesday 1 April, 2020

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Bundling permitted activities

Wednesday 1 April, 2020

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Avoiding double penalties when sentencing a company and director

Thursday 23 April, 2020

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Environment Court gives green light to Airbnb in Christchurch

Thursday 23 April, 2020

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When will the Environment Court award higher costs?

Thursday 23 April, 2020

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What weight should Council give a rule in the PDP?

Thursday 23 April, 2020

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Is a tiny house a structure under the RMA?

Wednesday 1 April, 2020

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Is the end use of the activity a relevant consideration?

Wednesday 1 April, 2020

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Tompkins Wake a rising star in Legal 500 rankings

Monday 3 February, 2020

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Draft National Policy Statement for Indigenous Biodiversity

Thursday 12 December, 2019

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Climate Change Response (Zero Carbon) Amendment Bill passed

Thursday 12 December, 2019

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Local Government Amendment Bill (No 2) passed

Thursday 12 December, 2019

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Stage 1 of Resource Management Act reforms

Thursday 12 December, 2019

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Who can bring an appeal under the RMA?

Thursday 12 December, 2019

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Modifying land covenants

Thursday 12 December, 2019

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When will the Environment Court recall a judgment?

Thursday 12 December, 2019

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Can an easement be granted over an esplanade reserve for a commercial activity?

Thursday 12 December, 2019

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Can a regional council prohibit fishing in a specific area?

Thursday 12 December, 2019

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Draft National Policy Statement for Highly Productive Land

Thursday 3 October, 2019

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Draft National Policy Statement for Urban Development

Thursday 3 October, 2019

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Draft National Policy Statement for Freshwater Management 2019 for consultation

Thursday 3 October, 2019

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Withdrawing Charges under the RMA

Thursday 3 October, 2019

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Gibbston Vines Ltd v Queenstown Lake District Council

Thursday 3 October, 2019

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Resource Management Act Review

Thursday 3 October, 2019

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Climate Change Response (Zero Carbon) Amendment Bill

Thursday 3 October, 2019

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Tompkins Wake a proud sponsor of influential infrastructure symposium

Wednesday 21 August, 2019

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Resource Management Act Review

Tuesday 30 July, 2019

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Quarry covenants affecting Synlait's new Pokeno dairy factory

Thursday 20 June, 2019

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Local authority requiring monetary contributions on designations

Thursday 20 June, 2019

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What timely legal advice could have avoided

Thursday 20 June, 2019

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Bella Vista: MBIE Report highlights failure to perform statutory functions

Tuesday 9 April, 2019

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Government establishes new Infrastructure Commission

Tuesday 9 April, 2019

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Court sends warning on poorly drafted consent conditions

Tuesday 9 April, 2019

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RMA reform to start by fixing the government's blunders

Wednesday 28 November, 2018

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The Government's Three Waters Review

Wednesday 28 November, 2018

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Recent decision on "affected persons" highlights the importance of context

Wednesday 28 November, 2018

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Court of Appeal Decision in R J Davidson Family Trust

Thursday 27 September, 2018

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Environment Court's Annual Review 2017

Thursday 27 September, 2018

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Bella Vista learnings

Tuesday 24 July, 2018

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Supreme Court upholds councils' power to fluoridate water

Tuesday 24 July, 2018

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New RMA Compliance Oversight Unit and best practice guidelines

Tuesday 24 July, 2018

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Tompkins Wake appoints two new Partners

Monday 2 July, 2018

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High Court guidance on HASHAA

Thursday 3 May, 2018

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Environment report highlights serious land issues

Thursday 3 May, 2018

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Caselaw Update

Friday 9 March, 2018

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Must Councils accept an assertion that a person is ‘suitably qualified'?

Friday 9 March, 2018

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Briefing to the Incoming Minister for Local Government

Friday 9 March, 2018

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Briefing to the Incoming Minister for the Environment

Friday 9 March, 2018

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Minister to reverse new non-notification law

Thursday 23 November, 2017

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Actual and reasonable costs principles

Thursday 23 November, 2017

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New Statutory requirements for consent conditions

Thursday 23 November, 2017

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Slippery slopes: local authority liability for landslips

Thursday 23 November, 2017

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Forest and Bird decision

Thursday 23 November, 2017

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LGOIMA Update - Ombudsman's dedicated webpage for councils

Friday 15 September, 2017

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Local Authorities' decision-making requirements - Court of Appeal decision

Friday 15 September, 2017

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The Ombudsman's new approach to 'delay' complaints

Thursday 13 July, 2017

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Relief for grocery stores

Thursday 13 July, 2017

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Clarity for supermarkets or not?

Thursday 13 July, 2017

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Update on RJ Davidson Family Trust

Thursday 13 July, 2017

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Requiring authority status for irrigation scheme operators

Thursday 13 July, 2017

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Increased Compensation available under the Public Works Act

Monday 12 June, 2017

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King Salmon applies to resource consents

Wednesday 17 May, 2017

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Case review: Invercargill City Council v Southland

Wednesday 17 May, 2017

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High Court determines property arrangement is not a "subdivision"

Wednesday 17 May, 2017

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Plan Change 1 to the Waikato Regional Plan – “Healthy Rivers” Update

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