Permits for prospecting, exploring and mining do not authorise resource consents to access minerals, build roads or any other infrastructure associated with energy, networks or utilities.  Our expert lawyers support clients in an integrated way from Resource Consents right through to securing access.

The Resource Management Act 1991 (RMA) promotes the sustainable management of natural and physical resources.  A major defining feature of the RMA is third-party rights of appeal.  This Act is central to any proposal that exploits natural resources or that has a development component.  Moreover, the RMA is largely administered by local, as opposed to central, government; there can be conflict between local policy and the use of natural resources. 

Simpson Grierson advises on RMA processes, including resource consents, designations and plan changes.  We also possess a proven framework for landowner/community consultation and advise clients on other related matters, including the strategic development of relationships with Maori.  This is relevant in regard to claims under either the Treaty of Waitangi or the Foreshore and Seabed Act.  Our expertise, experience and knowledge is best in class.

However, neither the Crown Minerals Act 1991 or the Resource Management Act 1991 grant access to land.  Our integrated legal approach extends to land access by negotiation or acquisition.  We offer services such as land-banking, portfolio administration and the development of standardised documentation. 

We advise and advocate on a wide range of property issues related to utility infrastructure and legislation, such as the Electricity Act and the Gas Act, through to related legislation such as the Public Works Act, Reserves Act, Property Law Act, Local Government Act and Historic Places Trust approvals.

We assist operators obtain access to land under the Public Works Act by way of negotiation or compulsion.  Our expertise includes claims for compensation, disposition of surplus land, easements and rights of way, encroachment licences, liability issues and network utility access agreements.

The Building Act 2004 will also impact upon energy, network and utility providers. To be administered by local authorities as Building Consent Authorities (BCA) by late 2007, it introduces tighter standards and scrutiny.  This includes dams of more than 3m in depth or containing 20,000m³ or more of fluid.  As the BCA regime is embryonic, Simpson Grierson is ideally placed to work with operators to ensure your position is protected.

As a firm we have the capacity and capability to handle everything from roads to sub-stations.  From resource consents for test wells through to complex water rights.