SPECIALIST IN NEW ZEALAND RESOURCE MANGEMENT LAW
Claire joined the resource management specialist team at Ellis Gould in 2006. She previously worked with the resource management teams at both Russell McVeagh (2000-2006) and Bell Gully (1999-2000). Before practising law, Claire was an academic in the accounting and finance departments at universities in both New Zealand and the United Kingdom for over 5 years.
Claire has significant experience in town planning and environmental law, and is a published author on related matters. She is on the editorial committee for the Resource Management Law Journal and has contributed to the DSL Environmental Handbook by Thompson Brookers for over 5 years.
In the textbook Environmental and Resource Management Law (third, fourth and loose-leaf editions, Lexis Nexis), Claire co-authored the chapters on coastal planning (with Derek Nolan), and environmental litigation and dispute resolution (with Justice Whata). She is a specialist presenter at conferences organised by the New Zealand Law Society and Lexis Nexis on resource management and has lectured in this area.
AREAS OF EXPERTISE
- Urban development and comprehensive housing projects
- Retail and commercial development and planning
- Coastal development and planning, including for port companies
- Notification issues under the Resource Management Act (RMA)
- Judicial review proceedings
- Due diligence for the environmental aspects of property and commercial deals
- Claire was recently awarded a Woman in Law Award for 2018 and was a member of the HNZC team awarded the Corenet Practice Property Award in 2018.
EXAMPLES OF WORK
- Minister for the Environment – Acted as senior counsel for the Minister for the Environment on judicial review, High Court and Environment Court appeals relating to the Auckland Unitary Plan. Acted as senior counsel for the Minister in Declaration proceedings brought by Auckland Council in relation to the interpretation of the Special Character overlay rules, and in respect of the Three Kings Quarry development.
- Housing New Zealand Corporation – Acted for Housing New Zealand since 2006, including obtaining consents for housing developments nationally. Claire successfully represented the Corporation at a total of 49 Unitary Plan hearings over a 21 month period in front of the Independent Hearings Panel. Recently she has also acted as senior counsel for the Corporation in 2 court of Appeal appeals, 6 Judicial Review proceedings, 24 High Court and 19 Environment Court appeals relating to various aspects of the Unitary Plan.
- Minister of Education – Acted for the Minister for the past 11 years nationally, including obtaining designations for new schools. Recently she has represented the Minister in establishing new schools as part of the Christchurch Earthquake rebuild and as part of the new schools programme in the Auckland Region.
- Minister for Children - Acting as counsel for the Minister in relation to the upgrading of designations for Oranga Tamariki's care and protection and youth justice facilities.
- Environmental Protection Agency - Providing independent legal advice to the EPA for the Board of Inquiry in relation to the re-notification of aspects of the Water Conservation Order Ngaruroro and Clive Rivers Proposal.
- Acted as senior counsel for MediaWorks Holdings Limited (ie TV3, Channel Four) in the proposed City Rail Link hearings.
- Ports of Auckland Limited – Acted for POAL since 2000 on a range of matters, including resolution of Environment Court appeals on the first Regional Coastal Plan under the RMA, and resolution of Environment Court appeals on the district plan provisions governing operation of the port.
- Ports of Auckland / Kiwi Rail – Representation at Environment Court appeals concerning district plan provisions for the continued efficient and effective operation of the North Island Main Trunk Line.
- Kordia Limited – Counsel on resource management matters since 2006 including obtaining designations for the operation of transmission stations.
- Lion Nathan Limited – Counsel for Lion in an ongoing arbitration dispute.
- Kiwi Income Property Trust – Represented the Trust on resource management matters concerning retail property interests in Wellington, Auckland, Hamilton and Palmerston North. Acts for the Trust in Environment Court appeals on the Proposed Wellington Regional Policy Statement and Wellington City District Plan.
- The National Trading Company of NZ Limited and Foodstuffs North Island Limited – Provided resource management advice to NTC and Foodstuffs regarding the development of new supermarkets and the expansion/redevelopment of existing supermarkets throughout the North Island since 2006.