Practice Areas
Resource Management
Dean regularly advises and acts on a wide range of resource management matters, including resource consent applications (on behalf of applicants for consent or affected parties), and district and regional planning processes. He works across the full range of resource management issues, with particular experience in natural resource management, freshwater issues, and habitat and biodiversity protection processes. Some examples of resource management work undertaken in recent years include;
- West Coast Regional Policy Statement. Resolving appeals through negotiation and mediation with a wide range of interested stakeholders.
- Christchurch Replacement District Plan. Dean represented Te Rūnanga o Ngāi Tahu and papatipu rūnanga before the special hearings panel, and the High Court in relation to recognition and protection of sites of Ngāi Tahu cultural significance, and papakāinga housing development, in the Christchurch Replacement District Plan process.
- Meridian Energy’s proposed Mokihinui Hydro Dam. The largest proposed inundation of public conservation land since the Manapouri proposal of the early 1970’s, Dean acted for the Director-General of Conservation in opposing this consent application.
- Canterbury Land and Water Plan. Representing farming interest groups in relation to water and nitrate discharge issues on the Canterbury Plains, in the Canterbury Land and Water Plan hearing processes convened by Environment Canterbury.
- Barrytown Hall existing use rights. Securing an existing use certificate to enable this iconic West Coast venue to continue hosting live music and other events.
- Assisting an East Coast vineyard and winery operation to secure resource consents to enable irrigation and expansion.
- Representing a West Coast based aggregate contracting business in relation to enforcement proceedings brought in the Environment Court.
- Marlborough Environment Plan. Representing the Department of Conservation and Nelson/Marlborough Fish and Game Council throughout the first instance hearing process for this combined regional and district planning document.
Freshwater
Dean has experience in a wide range of freshwater law related issues. Some examples of freshwater related work undertaken include;
- Advising and acting as counsel for submiters in relation to regional plan development affecting water take, use, discharge and protection.
- Representing Te Rūnanga o Ngāi Tahu and papatipu rūnanga in relation to freshwater mahinga kai issues, in the Christchurch Replacement District Plan process.
- Advising on, and acting in council hearings and Court proceedings in relation to proposals to take or develop freshwater resources, including large and small scale hydro electricity generation developments and irrigation proposals.
- Representing farming interest groups in the development of regional plan provisions managing nutrient leaching and water take, in Canterbury.
- Advising on issues associated with proposals to develop or protect freshwater aquatic environments, including riverine, lake and wetland ecosystems.
- Acting as counsel for the applicant, in relation to contested applications to incidentally discharge pesticide contaminants to water.
Conservation and Biodiversity
Dean has a particular background in conservation and biodiversity law issues. He has advised in relation to a wide range of issues arising under protected areas legislation, including the Conservation Act, Reserves Act, National Parks Act and Wildlife Act. Some examples of conservation and biodiversity law work undertaken include;
- Advising on proposals to confer protected status on land and ecosystem areas, including under National Parks Act 1980, Conservation Act 1987 and Reserves Act 1977.
- Assessing biodiversity offset and compensation proposals against relevant developing case law requirements, and negotiating offset or compensation proposals with developers.
- Consenting for ecosystem scale biodiversity protection programmes using 1080 and other pest and predator control tools
- Significant natural area protection processes resulting in provisions for inclusion in Regional and District Plans prepared under the Resource Management Act.
- Advising on issues associated with Wildlife Act approvals, particularly in response to applications to harm or kill absolutely protected wildlife as a consequence of development activities.
- Assessing development proposals within protected areas, and advising on applicable statutory consenting requirements.
Tourism and other commercial uses of public conservation lands
Dean has advised on all aspects associated with the administration and processing of applications for a wide range of tourism, farming, and infrastructure concessions on public conservation lands. This includes the granting of permits, leases, licences and easements for a wide variety of commercial activities, within national parks, reserves and conservation areas. He also acts for private tourism operators, in particular in relation to resource consenting requirements associated with tourism activities. Some examples of past work in this area include;
- Securing resource consents for tourism accommodation development.
- Advising on concession processes for commercial infrastructure such as telecommunications facilities, large and small scale hydro developments, and mining activities.
- Advising on commercial tourism opportunities and processes to enable activities such as limited opportunity helicopter landings, or commercial guiding opportunities within national parks.
- Advising on and negotiating terms on renewal of skifield leases, including in New Zealand and New South Wales, Australia.
Public Law
Dean has a thorough knowledge of central and local government processes, particularly those relevant to the practice of Environmental Law. His background and experience in relation to administrative law and public law issues associated with statutory decision making processes enable him to provide practical, effective advice on decision making processes. Particular experience in this area includes
- Official Information Act and Local Government Official Information and Meetings Act requests.
- Ombudsman’s Act processes.
- Advising on public law processes, including hearing procedures, relating to applications for access to and use of natural resources.
- Proposals to confer protected land status under the Conservation Act, Reserves Act and National Parks Act.