Simon has practised in the Environmental Law field for over 42 years, since he joined Russell McVeagh as a law clerk in March 1982, working in New Zealand’s first ever private client Environmental Law team under the author of the first New Zealand text on Environmental Law, (now) Sir David Williams KC.
Simon was a partner there for 10 years (1989 – 1999), and a partner of Minter Ellison Rudd Watts (1999 – 2004) before commencing his first eight-year stint as a specialist Environmental Law barrister in March 2004. He co-founded Berry Simons in 2012. He is pleased to have re-joined the Bar.
"I am proud of what we achieved at Berry Simons but the time has come for me to leave the day-to-day trappings of law firm life behind. I look forward to having greater freedom to choose what I work on and the ability to operate without the tight commercial constraints demanded by law firms where that is indicated."
Project work
In his 42 years in practice, Simon has experience in advising on virtually every facet in the Environmental Law field and has led multi-disciplinary teams to successful outcomes on a wide range of major projects. This has included the following:
- Greenfield and brownfield subdivision and development, including the Ohinewai development for The Comfort Group, resource and subdivision consents for and the development of Drury West and Rotokauri for Charles Ma’s companies and a multitude of other commercial and residential land developments, particularly in the Auckland Region.
- Out of Home media – static and digital billboards throughout New Zealand.
- Commercial and residential land development, including many urban subdivisions, apartment buildings, etc., too numerous to mention.
- Three Waters work, including:
- Municipal water take applications for Hamilton City Council, Thames-Coromandel District Council (TCDC), Waipa District Council, and Watercare Services Limited.
- Wastewater consenting for Waipa DC (Cambridge WWTP), TCDC (Thames, Whangamata and Whitianga WWTPs), Central Hawke’s Bay DC (Waipukurau, Waipawa, Otane WWTPs), and Watercare.
- Stormwater, including Hamilton City’s comprehensive stormwater consent.
- Energy
projects, including:
- Geothermal - Kawerau geothermal power station; Ngawha geothermal power station expansion; steam takes for the Kawerau industrial campus; and decision maker on two major geothermal take applications at Wairakei.
- Electricity distribution - North Shore Transmission Corridor; Mercury Tunnel; Auckland City Cable Project. Borman Road, Whatawhata and Cobham Drive substations.
- Wind (Te Uku Wind Farm).
- Solar (decision-maker on fast-track applications for two solar farms); and
- Thermal (Southdown Cogeneration power station for (then) Mercury Energy);
- Industrial projects, including Methanex methanol facilities at Motonui and Waitara Valley, Taranaki.
- Major plan and policy processes at local, national and regional level, including the Lake Taupo nitrogen variation (Waikato RPV5); the Waikato Water Allocation variation (RPV6) for a consortium of Waikato councils; a Waikato RPS plan change for a consortium of Waikato ‘low growth’ councils; Waikato ‘Healthy Rivers’ Plan Change; Auckland Unitary Plan.
- Coastal development, including marinas on the Coromandel Peninsula and aquaculture .
Simon’s skills and achievements have been recognised by a number of industry awards.
Approach - Principled pragmatism
I like to develop a ‘case concept and witness briefing paper' to ensure that all members of the project team understand:
- the client’s key objectives (and potential) risks and constraints are clear;
- potential legal or procedural risks and strategies to address them are identified;
- the case to be presented is agreed and crystal clear so that everybody on the team knows their role and responsibilities.
If a hearing is necessary at council level, Simon’s view is that it is necessary to put your best foot forward and bring all of your expertise to bear to win the day.
" Alongside my client and the lead environmental consultant, I like to run a very tight ship to ensure that the team knows precisely what is expected of them – whether that be a case that needs to be won, an opinion that needs to be provided, or a decision that needs to be made and written up."
Decision-making and alternative dispute resolution
Simon is looking forward to doing more hearing commissioner and fast track work that is not so dependent on having a team of lawyers available / productive.
Simon is also an experienced decision-maker having been an independent hearing commissioner for over 20 years and is an accredited commissioner with a Chair’s eEndorsement. He has sat on many hearings (generally as chair and sometimes sole commissioner) involving plan changes, resource consent applications and designation requirements under the RMA.
Simon has sat as a commissioner (generally chair) on a number of high profile matters.
Simon is currently chairing his third expert consenting panel on fast-track applications, involving a notice of requirement and resource consent applications by the New Zealand Transport Agency for the Cambridge to Piarere Project, being the next 16 kilometres of the Waikato Expressway. The previous two FTA decisions related to solar farms.
Personal profile
Simon likes to think of himself – and is – an ‘ordinary bloke'.
When not practising law, Simon loves to spend time with his whanau (wife of 37 years, three daughters, two grandsons); spending time at his bach at Kaiaua (on Tikapa Moana / Firth of Thames); focusing on his wellness; and playing saxophone with his ‘rocking soul band’, The Black Flames (see video here.)