Expert Enironmental Law advice

Consent for Water Take in Pukekohe

Wed March 25th 2020


Berry Simons’ Partner, Andrew Braggins, has successfully obtained consent for a large groundwater take from the Franklin Waiau Pa Waitemata aquifer for a kiwifruit orchard.

The proposal was opposed by a number of submitters due to concerns regarding the allocable capacity of the aquifer and potential for saline intrusion.Through expert testimony, including the evidence of a hydrologist and robust data from a five-day on-site pumping test, the consenting team, led by Andrew, demonstrated to the Commissioners that the proposal had been designed to avoid and mitigate adverse effects on the local community and had a robust suite of consent conditions. The Commissioners agreed and granted consent subject to almost all of the conditions offered by the Applicant.

The application was heard in February 2020 with a decision issuing on 17 March 2020.

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Three exceptional partners lead Berry Simons’ team of talented, motivated lawyers. Because Berry Simons is focused solely around Resource Management and Environmental law, we have the intellectual horsepower and resources of the equivalent team in a large firm. The difference is in our client relationships – which are stronger, and closer. Decisions are made with client executives and partners involved throughout your project, seated at the same table.

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