Background

Following completion of law and resource management degrees at the University of Canterbury (1975) Mike was appointed legal counsel for the Commission for the Environment, Wellington (a central government agency which was predecessor to the Ministry for the Environment).  In this role he was an advisor to the Minister for the Environment and worked on major legislative and policy matters.  He was also directly involved in the auditing of environmental impact reports which were required on major development projects throughout New Zealand and represented the Commission in planning and water consent hearings (1975-1980).  He was the author of the first Guide to Environmental Law in New Zealand published by the Commission.

While with the Commission, Mike was seconded to the Federal US (Washington D.C.) and UK (London) government environmental agencies as well as the OECD Environmental Directorate (Paris).  With the OECD he assisted in the first OECD review of New Zealand’s environmental policies and laws (1979).

Environmental Law Practice

In 1980 Mike joined Russell McVeagh’s newly established environmental litigation practice.  He was the first specialist environmental law partner in the firm and worked on securing approvals for a wide variety of major projects throughout New Zealand including:  mining; petrochemical projects; oil and gas exploration and development; power generation; water resources; pulp and paper; urban and city planning; coastal subdivision and port/waterfront developments.

Clients included: NZ Synthetic Fuels Corporation (Bechtel and Mobil); Shell; Todd Corporation; Coal Corporation; Cypress Minerals; Auckland Harbour Board; Tasman Pulp and Paper; LD Nathan/Lion; and a variety of other local and international corporate clients.

Public Law Practice

In 1996 he headed Russell McVeagh’s newly established public law practice in Wellington.  In this role he advised and represented a range of local and international corporate clients on regulatory issues including high level negotiations with Central Government in relation to a variety of policy and legislative issues.  Clients included: IBM; the New Zealand Tourism Board; Westfield; Dow; Daewoo; TVNZ; NZ Dairy Group and Fonterra.  He worked extensively on public law issues involved in the establishment of Fonterra which involved major changes to government policy and new legislation.  

Government Advisory Work and Public Interest Environmental Litigation

Mike has undertaken high level advisory roles to Government on major legislative and policy reforms including: local government and environmental administration reforms in the mid 1970’s and 1980’s; and expert reviews of the Resource Management Act (1997 and 2009).

In 2011 he prepared a joint report (with ERM) for the Ministry of Economic Development on New Zealand’s offshore health, safety and environmental legislative regime for oil and gas exploration and development.  In 2013 he chaired a Local Government Efficiency Task Force appointed by the Minister of Local Government to recommend changes to local government legal and policy approaches.

Mike has successfully represented environmental organisations in major conservation litigation including: Queen Elizabeth II Trust (Motu River Water Conservation Order – New Zealand’s first water conservation order); Waterfront Watch, Wellington (waterfront development issues); and the Central Otago Environmental Society (Project Hayes Windfarm and Nevis River Water Conservation Order).

Current Practice

Since the establishment of Holm Majurey in 2009 Mike has provided strategic advice to a wide range of local and international clients on a variety of high level public law matters and advised and represented clients in contentious resource consent and environmental issues related to major development projects throughout New Zealand.

His major environmental cases include:

• The Karikari case in which the Court of Appeal reversed then current case law on sections 3 and 4 of the Town and Country Planning Act.
• The widely cited Privy Council case of McGuire v Hastings District Council in which Lord Cooke of Thorndon affirmed the place of the ‘Maori provisions’ in the RMA.
• The Ngati Maru cases in which the courts clarified evidential considerations in relation to wahi tapu and taonga within the RMA;
• The Greenpeace cases in which the Court of Appeal and Supreme Court confirmed the parameters for climate change considerations in RMA decision-making;
• The TPD cases in which the High Court and Court of Appeal confirmed the law in relation to evidential onus and the review conditions regime;
• The first wind farm case before the Environment Court (Awhitu).
   

Specialist appointments Paul has accepted include:

• Special Counsel for the Waitangi Tribunal on the release of its Ko Aotearoa Tenei Report (Wai 262);
• Minister for the Environment’s 2009 Technical Advisory Group on the reform of the RMA;
• Attorney-General’s 2009 Ministerial Review Panel on the co-management arrangements for the Waikato River Treaty settlement.
   

Paul is a Co-Author of Environmental & Resource Management Law (2nd and 3rd Editions), including the chapter entitled Maori and Environmental Law. He is also co-author for the Maori chapter of the making-good decisions course for certifying RMA commissioners.

His current and former positions of responsibility include:

Director:

• Tikapa Moana Enterprises Ltd
• Pare Hauraki Asset Holdings Ltd 
• Hauraki Seafoods Ltd 
• New Zealand Pastoral Agriculture Research Institute Ltd
• Tangata Whenua representative - Hauraki Gulf Forum
   

Trustee - Te Ara Tika Charitable Trust (Maori Spectrum Trust)

Commissioner - local authority RMA hearings

Chair - Environmental Section of Inter-Pacific Bar Association.

• For the IMSB in relation to the appeal to the High Court against the Auckland Council decision on the Unitary Plan;
• For Horticulture NZ providing advice on a range of issues concerning plan and policy issues around the country, including in relation to the Ngaruroro and Clive Rivers Water Conservation Order;
• Assisting with a range of agricultural interests and queries, and representing agricultural group interests before governmental agencies and Courts;
• For private developers (including aged care facilities and churches) seeking resource consents for their proposals;
• For private interests opposing resource consents, or seeking alterations to proposed resource consent conditions;
• Assisting a wide range of clients in developing submissions on plan changes;
• Advising local government on a range of process, procedure, liabilities, and substantive legal questions;
• Involvement with a range of iwi clients on issues ranging from consultation requirements, resource consent matters, Marine and Coastal Area Act applications and process, Court appearances, mediation processes, representation on collaborative projects with Government agencies, and general advice.
   

Nicole has assisted other members of the team in preparing and updating textbook contribution chapters, and in researching and drafting legal and technical journal articles. Nicole has appeared as a junior in the Court of Appeal, High Court, District Court, Environment Court and at the council hearings level, and has appeared as sole counsel in council hearings and before the Environment Court.