My 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, and submiters in opposition), and district and regional planning processes. Dean has particular experience in natural resource management issues, freshwater issues, and habitat and biodiversity protection processes. Examples of resource management work Dean has acted on in recent years include;

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. Dean represented 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.
West Coast Regional Land and Water Plan, Land and Riverbed Management Plan and Water Management Plan. Dean acted for the Director-General of Conservation in relation to the development of these RMA plans, at Council hearing, Environment Court and High Court levels, with a particular focus of the appeals being the protection of significant wetlands.
Upper Waitaki Basin Irrigation Consents. Dean has acted on a number of irrigation consents for farm development in this iconic and high biodiversity value landscape. In most instances mediated processes have produced ‘win-win’ solutions for all stakeholders.
Applications for large scale pest control. Dean has advised and acted on numerous resource consent applications for ecosystem scale pest control, primarily using 1080. Often these applications attract widespread opposition.

Freshwater

Dean has experience in a wide range of freshwater law related issues. Some examples of freshwater related work Dean has been involved with include;

Advising and acting as counsel for submiters in relation to regional and district plans affecting water take, use or discharge.
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. Specific examples include the Mokihinui Hydro proposal, Arnold River Hydro proposal, and multiple irrigation consents in the Upper Waitaki basin.
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.
Advising on consenting processes associated with waste water treatment in a range of industrial, rural and urban contexts.

Conservation and Biodiversity

Dean has a particular background in conservation and biodiversity law issues, drawing on his experience as a former conservancy solicitor with the Department of Conservation. Dean 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 Dean has acted or advised on 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 numerous development proposals within protected areas, and advising on applicable statutory consenting requirements.

Mining, Quarrying and Aggregate Extraction

Dean has advised on numerous mining proposals, in particular in relation to access arrangement processes under the Crown Minerals Act 1991. These proposals range from the routine, through to complex and contentious applications. Dean has advised the Department of Conservation on the development of its Standard Operating Procedures for the processing of mining applications on public conservation land. Dean holds a certificate in mining law from the University of Western Australia. Some examples of mining related work Dean has acted or advised on include;

Processing of an access arrangement for Bathurst Resources Ltd’s Denniston open cast mine development, (including conservation compensation package valued at $22 Million).
Advising on access arrangement and resource consent issues associated with Stockton Plateau coal mining developments.
Advising in relation to Oceania Gold’s Reefton Globe Hill open cast gold mine variations to access arrangement.
Representing clients responding to declaration and enforcement order proceedings.

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. Dean also acts for private tourism operators, in particular in relation to resource consenting requirements associated with operators activities. Some examples of Dean’s past work in this area include;

Obtaining 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.