Natural Resources Public Law Forum

About

As New Zealand moves towards new methods of exploiting our outstanding natural resources, Government, business and citizens have to work together to ensure that in the efforts to commercially use the resources, the rights of the people are not eroded or breached.

This forum will discuss the ways in which our natural resources are being used, the way ahead for exploitation, and the concerns of Maori and Pakeha about the protection and promotion of our land. It will examine the legislative and ethical issues including:
• The Future of the Foreshore and Seabed Act
• Review of Aquaculture law
• RMA phase 2
• The role of the Environmental Protection Authority
• The consents process under the RMA
• Competition for water supply

With expert presenters from leading organisations including :
Kensington Swan – Minter Ellison Rudd Watts – October Law – Ocean Law – Buddle Findlay – LECG – North South Environmental Law – Chancery Green – Quay Chambers

Agenda

Agenda: Day 1

8.30

Registration and coffee

9.00

Opening remarks from the Chair

Bryan Gundersen, Partner - Climate Change Workgroup, Kensington Swan

9.10

An overview of current developments in natural resources law

This year will see the continuation of significant developments and reform in the law of natural resources. This session will involve an overview of the current state and future direction of natural resources law, as a foundation for the sessions to follow. There will be a discussion of the various streams of work being undertaken by the Government and developments in this area, and how these fit into the wider context of natural resources law.

Paul Beverley, Partner - Natural Resources Team, Buddle Findlay

9.50

Examining the future of the Foreshore and Seabed Act

The Ministerial Review of the Foreshore and Seabed gave two proposals to the Minister, both based on a Treaty of Waitangi framework and a set of core principles. The National Policy proposal focuses on a one-off national settlement, while the Regional Iwi Proposal focuses on achieving regional and national negotiations directly between Crown and hapu/iwi. Both of these models are predicated on the repeal of the 2004 Act. This session will examine:
• Public law, Treaty and other issues associated with the Act
• The two proposals and the core principles
• The Government’s likely response, and progress being made towards the design of any new legislation

Greg Cain, Partner and Kathryn Snook, Senior Associate

10.40

Morning Tea

11.00

Panel discussion on Foreshore and Seabed – Moving forward

Our expert panel will give their opinions on how the Foreshore and Seabed issues should best be addressed, and throw the subject open for discussion to the delegates.
• What is wrong with the current Act?
• Public access issues
• Allocation and property rights
• How should New Zealand proceed with new legislation?
• Panelists include:

Dayle Takitimu, Principal, October Law
Daniel Clay, Partner, Minter Ellison Rudd Watts

11.45

Examining the review and reform of Aquaculture law in New Zealand

This session will examine the 2004 and subsequent reforms of the law governing aquaculture activities and the Government’s current review of the aquaculture regime, and consider their impacts on the planning and authorisation processes. The presentation will cover the key differences between the former and current regimes, the processes and requirements for enabling aquaculture activities, the role of Regional Councils and the Ministry of Fisheries, allocation issues and the entitlement of Mäori to aquaculture space or its financial equivalent. The original purpose of the reforms will be assessed against their implementation after 5 years since their enactment, and the Aquaculture Technical
Advisory Group’s report on further reforms will be reviewed in light of the original and proposed reforms

Daniel Clay, Partner, Minter Ellison Rudd Watts

12.30

Lunch

1.30

Examining the South Island iwi and Hauraki Aquaculture Settlement

Parliament had set a deadline of 2014 for the Government to deliver an aquaculture deal but at the instigation of Te Tau Ihu iwi, it was fast-tracked. Negotiations were spearheaded by the Ministry of Fisheries, with approval from the Office of Treaty Settlements. This session will examine the aquaculture settlement for the South Island iwi and Hauraki, being a $97 million deal with the Crown to settle pre-commencement space obligations for aquaculture.
• A triumph of co-operation between iwi, Marlborough and Tasman District Councils and Aquaculture New Zealand
• Implications for future settlements
• The importance to the relationship between tangata whenua and the Crown

Justine Inns, Partner, Ocean Law

2.15

Mäori worldview of natural resources

Protecting and harnessing natural resources is a core aspect of kaupapa and tikanga Mäori. Kaitiakitanga (the guardianship of resources) is a long-held value in Mäoridom. Many iwi and whänau have deep and historical connections to the land and may have long associations with forestry, agriculture, conservation or fisheries. This session will examine the concerns of Mäori in the exploitation of our natural resources and how best to protect them.

Dayle Takitimu, Principal, October Law

Speaker has declined permission for his material to be online

3.00

Afternoon tea

3.20

Co-governance and co-management of natural resources

This session will examine the concepts of co-governance and co-management of natural resources with indigenous people. The session will include a discussion of the key elements of co-governance and co-management with reference to international examples, and a discussion of recent New Zealand examples of co-governance and co-management arrangements with Maori.

Paul Beverley, Partner - Natural Resources Team, Buddle Findlay

4.00

Fisheries 2030 – Examining the Review and what it means for the industry

The review, undertaken by PricewaterhouseCoopers (PwC), found that while New Zealand fisheries management is amongst the world’s best, there is further significant potential to create economic, cultural, social and environmental value through the development of new institutional arrangements and fisheries management tools. If this potential is realised it will contribute to a strengthening of the New Zealand economy.
• Lowering sector costs through increased effectiveness and efficiency of services
• Enabling stakeholders to undertake collective management action
• New approaches to decision-making and the use of information to ensure the sustainability of fish stocks to deliver best value.

David Moore, Managing Director, LECG

5.00

Close of day one and networking drinks

Agenda: Day 2

9.00

Opening remarks from the Chair

Bryan Gundersen, Partner, Kensington Swan

9.10

RMA Phase II Work-streams update

Phase II reforms of New Zealand’s resource management regime look to provide greater central government direction and closer alignment of legislation. Phase II is a far more complex reform process with 10 related work streams. This session will examine the progress of the work-streams and the likely dates for reporting back of recommendations.
• What are the reforms trying to achieve?
• How can we manage the balance between economic prosperity and nurturing the environment?
• Human rights v public good

Greg Milner-White & Grant Hewison, Senior Associates, Kensington Swan

10.10

NZ Coastal Policy

Dr Grant Hewison, Senior Associate, Environmental

11.00

Morning tea

11.20

Marine Energy

Dr John Huckerby, Executive Officer, Aoteoroa Wave & Tidal Energy Association

12.00

Lunch

1.00

Competition for water supply – are we getting it right?

This session will examine New Zealand’s water allocation system as increasing demands are made on the supply of Fresh Water
• Can water allocation be made fairly across all competing users?
• Do we need incentives for efficiency of water use?
• Is there a call for tradable water rights?
• Are Mäori customary rights to water contestable?

Rachel Devine, Partner, Minter Ellison Rudd Watts

2.00

Options for Improving Environmental Management in the Exclusive Economic Zone

New Zealand has the fifth largest EEZ (roughly 430 million hectares) in the world, about 15 times the size of our land mass. Despite the importance of our EEZ, regulations to protect the environment in the EEZ are few, inconsistently applied, and variable. This session will examine the problems facing our EEZ and how the Ministry for the Environment are suggesting changes to the current legislative protection.
• Examining the context and history of issues relating to environmental management in New Zealand’s EEZ, including the current level of activity
• Discuss the current legislative framework for environmental management in the EEZ and expose the gaps
• What are the options for improving environmental management in the EEZ, including any associated issues?

Chris Simmons, Senior Associate, Chancery Green

2.50

Afternoon tea

3.10

Examining the Role of the Environmental Protection Authority

The Environmental Protection Authority (EPA) was established on 1 October 2009 through the Resource Management (Simplifying and Streamlining) Amendment Bill 2009, to centralise and streamline the decision-making process of nationally significant proposals. The EPA has specific statutory functions under the Resource Management Act 1991 in relation to matters of national significance. This session will examine the role and functions of the EPA, and discuss whether it is meeting the objectives of speeding up the application process.
• What are the implications for the consents process?
• Defining matters of national significance
• How will the EPA work with local authorities?
• When should applications be made to the EPA instead of a TA?

Kitt Littlejohn, Barrister, Quay Chambers

4.00

Close of conference

Sponsors/Partners

Interested in sponsorship?

There are some exclusive opportunities to promote your company, and its products and services, at this leading event. Contact the sponsorship team below to request a prospectus or discuss the options, or view more about event sponsorship.