Amidst a housing shortage, increasing infrastructure and a rise in group litigation in Aotearoa, the need to be able to advise clients on matters where public and private rights intersect has never been greater.
With reference to key judgments, this seminar will:
- Discuss the relevance of contractual rights to relief in judicial review proceedings. What is the effect of a judicial review on a third party who contracts with the Crown? When should their rights be lost, as a result of an error on the Crown's part; when should they be retained? How best is this issue addressed in an application for review?
- Examine the interface between public and private legal rights in the Resource Management Act context, focusing on the process by which councils decide whether to notify resource consent applications. What level of impingement on private property rights will trigger an ability to participate in the consent process? Why does the RMA deal with trade competitors' rights differently? What is the effect of a judicial review of a public (council) decision on the private participants, namely the applicant for consent and others wishing to participate?
- Gain a better understanding of the relevance of contractual rights to relief in judicial review proceedings, including the effect of such proceedings on a third party who contracts with the Crown.
- Delve into the interface between public and private legal rights in the Resource Management Act context, with particular focus on how councils decide whether to notify resource consent applications.
Who should attend?
This seminar is primarily for civil litigators, including non-RMA specialists who might deal with RMA cases from time to time.
In person registration only
Please note this page is only for registration to attend in person.
To register to attend via live stream click here
Seb Bisley is a partner in the Wellington office of Buddle Findlay. He specialises in complex litigation and dispute resolution.
He has been described by the Legal 500 as an "excellent advocate", and has appeared as lead counsel at all levels of New Zealand's courts in relation to a wide range of issues in the public, trust, company and commercial law spheres.
He is experienced in alternative dispute resolution procedures, both in New Zealand and off-shore.
Dave Randal is a partner in the Wellington office of Buddle Findlay and specialises in resource management, environmental and conservation law, public law, general civil litigation and Maori law.
Dave advises clients at the heart of intensive RMA processes, has considerable experience in consenting large scale infrastructure proposals, and relishes being part of multi-faceted teams working on large projects.
He is an experienced advocate and has appeared in a broad range of cases before various tribunals and the higher courts.
The Honourable Justice Asher