ENVIRONMENTAL
STRATEGY — ADVISORY — ADVOCACY
Shared success
For me, the greatest satisfaction comes from developing a close connection with my clients to understand their priorities and what they want to achieve, and then successfully developing and executing the strategy to deliver the outcome.
My task may be advisory, providing you with clarity on where you are positioned in the complex world of resource use and development rights, identifying options, and recommending a way forward.
Or you may require advocacy, where as a skilled and experienced advocate, I excel in representing your interests in hearings and in Court, where the contest for these resources is fought.
The competition for these rights and interests engage developers, councils, regulators, and other affected parties. I have extensive experience in acting for councils, developers and landowners, so I am uniquely placed to see all perspectives.
I also recognise the value of expert negotiation, having trained in specialist negotiation and mediation techniques at Harvard University Law School. Often a skilled negotiation can resolve contested matters before Court, without compromising the overall strategic objective. I take satisfaction in delivering value in this way. After all, it’s the result that counts.
I work closely with an associate barrister, Shaye Thomas. Shaye provides highly skilled litigation support. We operate as a team, which enables us to provide quality client service, and efficient and effective representation.
“I have worked with Lachlan over a number of years, and see him as an important strategic advisor to Hamilton City. As a significant and fast growing metropolitan centre Hamilton is dealing with a range of complex challenges in a rapidly changing legislative environment. It’s reassuring to have Lachlan there to help guide the City through these complexities and represent the City’s interests. He’s a great advocate for the City and provides real strategic value.’’
Lance Vervoort
CEO Hamilton City Council
A leading expert on ENVIRONMENTAL LAW
Lachlan advises councils and developers on the use and development of natural and physical resources across New Zealand.
WHETHER ADVISING COUNCILS, DEVELOPERS OR AFFECTED PARTIES, I STRIVE TO ENABLE DEVELOPMENT WHICH CREATES VALUE IN OUR LAND AND RESOURCES FOR THE BENEFIT OF BOTH THE DEVELOPER AND THE WIDER COMMUNITY.
Resource management law is complex and is currently in a state of significant change. I have been actively involved in assisting local government in navigating these legislative reforms.
I advocate for the development community in environmental policy and rule setting processes, and represent developers in the process of securing development rights through resource consents, private plan changes, and designations.
I also work closely with councils to create planning instruments which govern development rights. I advise councils on district plan making, including representing councils at the hearing stage through to negotiations, mediation, and ultimately defending plans on appeal in the Environment Court.
I also advise Councils on contentious resource consent applications, and regularly assist in the resolution of contested applications, including defending council decisions in the Environment Court, and representing Council interests in Boards of Inquiry.
Environmental Expertise
Environmental policy and plan making
Private plan changes
Resource consenting and designations
Enforcement and prosecution
Water allocation
Wastewater treatment and discharge
Mining
Large scale urban development
Coastal development
Retail, commercial and industrial development
Public Infrastructure
“As a global mining company we take environmental compliance extremely seriously. Lachlan has helped us set our strategy and has expertly guided Coeur through the New Zealand regulatory framework. He’s a critical part of the team.”
Jay Gear, Corporate Environmental Director, Coeur Mining, Chicago, IL, USA
a trusted advisor to local government in New Zealand
LACHLAN adviseS and representS a range of local authorities on all aspects of their functions, powers and administrative actions.
MUCH OF MY WORK WITHIN THE LOCAL GOVERNMENT SECTOR IS ADVISORY, DEALING WITH THE CHALLENGES THAT FAST GROWING POPULATIONS PRESENT TO COUNCILS.
I work with Councils to ensure governance and decision making processes are legally robust and immune to judicial review challenge, particularly around key policy decisions involving Long Term Plans, Annual Plans, rating and revenue, and development contributions policies.
I have a particular emphasis on guiding councils in their role as a facilitator of growth and development through the provision of public infrastructure. This includes negotiating and positioning councils in public/private infrastructure partnerships and private development agreements. I have a particular expertise in the field of development contributions, advising on policy making, remissions, special assessments, and judicial review of related administrative decisions.
My experience in this area also enables me to provide strategic advice to developers and other entities which engage with the local government sector in order to achieve their development aspirations.
PUBLIC LAW Expertise
Local Government statutory compliance
Governance and decision making
Judicial review
Long term Plans, Annual Plans, rating powers, revenue policies
Development contributions
Public / Private partnerships and development agreements
Policies and Bylaws
Community consultation requirements
Official information
Local Government Elections
Iwi engagement and partnering
Property disputes
“Lachlan has guided Council through many challenges. He has helped ensure we achieve our strategic environmental objectives, and has been instrumental in positioning Council as a leader across the local government sector in terms of iwi engagement and partnering."
Geoff Williams, CEO Rotorua Lakes Council
Memberships and affiliations
Member of the New Zealand Bar Association
Member of the The Association for Resource Management Practitioners
Associate member of the Arbitrators’ and Mediators’ Institute of New Zealand
Qualifications
BA, LLB (Otago) 1995
Governance roles
Waikato Branch president of the The Association for Resource Management Practitioners 2013 -2016
Director Northern Districts Cricket Association 2007 -2014
Chair of Northern Districts Cricket Association 2013- 2014
Member of Governance Board, Tompkins Wake, Lawyers 2011 - 2017
Chair of partners, Tompkins Wake, Lawyers 2015 -2017
Trustee of Sacred Heart Sisters of Our Lady of the Missions Trust 2016- current
Contact
Mobile +64 21 471 490
Office +64 7 834 4336
Email lachlan@muldowney.co.nz
Chambers Panama Square, 14 Garden Place, Hamilton
Postal PO Box 9169, Waikato Mail Centre, Hamilton 3240