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philijp.milkne@si2mpsonjgriersson.ciomj

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Philip is a special counsel in the firm's local government and environment group. He specialises in environmental law, with particular expertise in managing, advising, negotiating, and litigating in relation to major infrastructure projects, resource allocation issues, and local and central government projects. He has extensive experience in Environment Court hearings and mediations and has represented clients in appeals to the High Court and Court of Appeal.

A key area of focus for Philip is urban and regional resource management. This includes district and regional planning, as well as water, coastal, and air resource issues. He has a particular interest in natural resource management issues and is the leading specialist in water law in New Zealand.

Philip is an accredited independent commissioner and has chaired a number of complex hearings, including the Central Plains irrigation scheme proposal.

Examples of Work

  • Two North Island Regional Councils - primary legal advisor and advocate
  • Legal review of many regional and district plans
  • Five regional councils - extensive involvement in various dairy effluent, riparian land management, water allocation, and water and air quality issues
  • Acting for consent authorities (Taranaki Regional Council) in respect of Pohokura stage 1 and 2 gas field developments in Taranaki. Origin Energy’s Pohokura and Kupe (Origin) gas field development and Todd Fonterra appeal regarding co-generation plant
  • Department of Corrections - principal counsel in relation to four new prisons and the Mt Eden redevelopment (strategic advice, managing preparation of evidence, and leading the Minister's case in the Environment Court), and in respect of the Ngawha facility in the High Court and Court of Appeal
  • NZ Transport Agency - obtaining designation and resource consent approvals for the Christchurch southern motorway
  • Manukau City, Palmerston North City, Hutt City, Kapiti Coast District, Porirua City, Masterton District, and Clutha District Councils - wastewater treatment plants and upgrades
  • Transit NZ (now NZ Transport Agency) - Environment Court appeal on the Southern Link arterial road designation in Nelson
  • Aoraki irrigation scheme - High Court declaratory judgement proceedings
  • Timberlands - sustainable beech management project, including Environment Court litigation
  • Federated Farmers - Environment Court appeal on nitrogen leaching around Lake Taupo
  • Hawke's Bay Regional Council - successful Environment Court litigation about clearance of indigenous vegetation and coastal hazard zones
  • Wellington City Council - judicial review proceedings concerning a notification
  • The Crown - due diligence on Resource Management Act issues concerning the $2.3 billon Contact Energy sale and initial public offering

Other Credentials

  • An accredited independent commissioner, he has chaired a number of significant hearings including:
    • Central Plains irrigation scheme (14 week hearing)
    • Ashburton Community Water Trust hydro scheme (2 week hearing)
    • Rakaia Selwyn groundwater takes (70 applicants)
    • Kate Valley landfill proposal (5-6 week hearing)
    • Lincoln Venture 850 lot subdivision
    • Akaroa marine farms (2 week hearing)
    • Christchurch Airport stormwater discharges
    • Ngai Tahu water take from the Waimakariri
  • Water Regime section of Brookers Resource Management Act - Author and an updating author
  • Salmon lecturer to the Resource Management Law Association (RMLA) 2006 - presented on water allocation issues
  • Various papers published on water management, cumulative effects and other Resource Management Act issues
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