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Resource consents, subdivisions, designations and statutory approvals

We assist a wide variety of clients through the consenting process, from large scale transportation projects to small childcare facilities. Through our work consenting numerous large roading projects and our work in the electricity sector, we have an in depth understanding of the specific risks associated with lodging notices of requirement and alterations to designations.

Our experience on roading, electricity generation and transmission and irrigation projects, has led to the development of specialist expertise in consenting major infrastructure development projects throughout New Zealand. We routinely work on complex consenting projects managing large teams of experts under very tight timeframes. Using our experience in stakeholder and iwi consultation, we assist in actively managing community and stakeholder engagement, drawing on the experience of our Māori Business team.
Through our expertise consenting numerous large infrastructure projects and our work in the electricity sector, we understand the specific risks associated with lodging notices of requirement and alterations to designations. We can expertly guide you through the process including any acquisitions under the Public Works Act. We work closely with Matthew Ockleston, a Partner in our property and real estate team who has specialist expertise in Public Works Act acquisitions, to provide a one-stop shop that addresses the legal, political, financial, and strategic risks involved with designations and associated land acquisitions.

Recent experience

Lincoln Road

Used by 42,000 vehicles per day, Lincoln Road is the busiest regional arterial road in West Auckland and has a poor road safety record. Auckland Transport is planning to widen Lincoln Road, in order to provide an additional bus/T3 transit lane on either side of the road and a cycle and pedestrian shared path. Auckland Transport has instructed us to provide advice on key issues and risks relating to the project and to assist with the preparation of notice of requirement.

Old Mangere Bridge

The NZ Transport Agency has sought resource consents to replace the Old Mangere Bridge in Auckland with a new purpose-built walking and cycling bridge. We represented the NZ Transport Agency at a Council hearing to consider the resource consent applications and are now advising on an appeal lodged in the Environment Court against the grant of the consents.

Longswamp Section of the Waikato Expressway

The NZ Transport Agency instructed Kensington Swan to alter the existing designation and obtain resource consents for the Longswamp Section of the Waikato Expressway. The Longswamp Section is part of the larger Waikato Expressway programme of work. The Waikato Expressway is one of the seven Roads of National Significance for New Zealand. We provided strategic advice on the key issues and risks and represented the NZ Transport Agency at a hearing before an Independent Commissioner.

Belmont childcare facility

A resource consent granted by Auckland Council for a childcare facility for up to 40 children was appealed by neighbours to the Environment Court. We acted for the centre owner on the appeal, including representation at a mediation which successfully resolved the appeal. The key issues involved operating noise and monitoring requirements, carparking requirements, visual amenity, operating hours and the general use of the site. We prepared the settlement documents, including a consent order, which were endorsed by the Environment Court.

St Lukes Road Interchange

Auckland Transport lodged applications seeking to change the conditions of existing planning authorisations to allow the widening of the St Lukes Road interchange, and construction of an additional left turn lane from Great North Road onto St Lukes Road. As part of the associated earthworks, it was also proposed to remove six mature Pohutukawa trees. The application by Auckland Transport was strongly opposed by the community and Local Board. We represented Auckland Transport at a public hearing of the applications before independent commissioners. Despite strong opposition, we successfully obtained all RMA authorisations Auckland Transport required to carry out the works (althought Auckland Transport later decided not to proceed).

Northern Corridor Improvements Project

The Northern Corridor Improvements Project involves the construction of new motorway connections between SH1 and SH18, opening up access to the Western Ring Route and airport, the extension of the Northern Busway to Albany, and the construction of new cycling and walking facilities. Kensington Swan has been instructed by the NZ Transport Agency to provide advice from the investigation phase, right through to a Board of Inquiry hearing in 2017.

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Updates and Media

Mana Whakahono-a-Rohe: Iwi Participation Arrangements

21 Apr 2017 Environment and planning, Māori business

Select Committee approves proposed changes to resource consent processes

30 Mar 2017 Environment and planning, National level, regional and district planning documents and plan changes

Select Committee supports greater national direction in resource management

27 Mar 2017 Environment and planning, National level, regional and district planning documents and plan changes

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