Lawyer | Climate Change | Rachel Devine

Professional Qualifications

Associate Environmental Auditor IEMA & QSA, 2001
LLB (Hons First Class) University of Waikato, 1996
Solicitor of the Supreme Court of England & Wales, 2000

Areas of expertise

Climate Change
Energy and Resources
Environment
Sustainability
Workplace Health and Safety
Health & Ageing
Government
Infrastructure/Major Projects/PPP
Construction
Electricity

Rachel specialises in providing advice on all aspects of environmental and resource management issues for private and public sector clients. This includes commercial environmental and planning advice on real estate and infrastructure projects, environmental dispute resolution (mediation, negotiation and litigation), and issues arising on or consequent to the sale or purchase of businesses and assets. Rachel's experience means she can provide practical down-to-earth solutions to environmental problems in any context - corporate transactions, planning projects or site management.

Rachel also advises various parties on reforms related to the Resource Management Act including various proposed national environmental standards on infrastructure, urban design and urban planning, contaminated land, forestry, water (quality and quantity), the New Zealand Coastal Policy Statement, the Coastal and Marine Area Bill which seeks to repeal the Foreshore and Seabed Act as well as reforms seeking to align or streamline RMA processes with Department of Conservation, Historic Places Act, and Public Works Act processes.

Rachel also advises about compliance requirements under the Climate Change Response Act and related allocation plans.

Some of Rachel's major projects

Appearing for Auckland Council’s Albert Eden Local Board at the Board of Inquiry hearing regarding the New Zealand Transport Agency’s proposal known as “Waterview”
Appearing at a Board of Inquiry for a landowner affected by applications for a geothermal power station
Assisting the New Zealand Historic Places Trust with appearances at a Board of Inquiry regarding a wind farm
Advising KordaMentha in their capacity as receivers of companies associated with major projects such as Kawarau Village (an integrated resort development in Queenstown), the Crafar family dairy farms, and the Whisper Cove development
Acting for Trans-Tasman Resources in respect of its offshore prospecting project off the Waikato and Taranaki coasts of the North Island, seeking iron sands and other minerals
Acting for Seafield Resources in relation to its offshore prospecting project off the West Coast of the South Island, seeking gold and other minerals
Advising Maui Development about how to protect its gas pipeline asset with reference to various types of legislation

Memberships and directorships

Chair, New Zealand Resource Management Law Association (Auckland Executive Committee)

Acting Chair, New Zealand Society for Risk Management (National Environmental Special Interest Group Committee)

Regional Chair (New Zealand), Institute of Environmental Management and Assessment

Member, Aotearoa Wave & Tidal Energy Association

Member, AWLA – Auckland Women Lawyers Association

Member, Environment Institute of Australia and New Zealand

Member, Environmental Defence Society

Member, National Environmental Law Association of Australia

Member, New Zealand Association for Environmental Education

Member, Sustainable Business Network

Member, Waste Management Institute of New Zealand
Member, Energy Law Association
Member, The Petroleum Exploration and Production Association of New Zealand (PEPANZ)
Member, Energy Network Association

International recognition

Firm noted as recommended for Resource Management in The Legal 500 - 2010, 2009
Top natural resources practitioner - Asia Law Directory 2010
Noted practitioner - ALB Real Estate Practice Area Guide 2009
Recommended individual - ALB Guide: Energy & Resources 2009

Seminars and publications

Rachel Devine and Kate Healy, “New NES means surprising new triggers for assessing contaminated land” The Property Lawyer, December 2011 Volume 12 Issue 2
Rachel Devine and Kathy Wilson, “The future of environmental regulation in New Zealand’s Exclusive Economic Zone and its impact on the energy sector” Australian Resources and Energy Law Journal ARELJ 30 (3) (to be published in December 2011)
Rachel Devine and Kathy Wilson, “Dealing with uncertainty: The future of environmental regulation in New Zealand’s Exclusive Economic Zone”, for the Environmental Institute of Australia and New Zealand Conference to be held in Australia, September 2011
Rachel Devine and Eliza Prestidge-Oldfield, “Past, present, and future approaches to the protection of biodiversity under the Resource Management Act 1991” for the Environmental Institute of Australia and New Zealand Conference to be held in Australia, September 2011
Rachel Devine and Emma Tait, “Consenting strategies for major mining projects and the role of the EPA” for the Australasian Institute of Mining and Metallurgy (New Zealand Branch) Conference, August 2011
Rachel Devine and Emma Tait, “What is a proposal of national significance and how do they modify regular consenting procedures?” Environmental Law and Regulation Forum, conference paper, Conferenz, April 2011
Rachel Devine and Emma Tait, “A watery environment: Legal developments concerning mining in New Zealand's waters”, AusIMM New Zealand annual conference paper, November 2010
Rachel Devine and Emma Tait (contributers), Mining in Australia and New Zealand, Minter Ellison book, November 2010
“Competition for water supply: are we getting it right?” Natural Resources Forum, Conferenz Bright Star Conference, May 2010
Rachel Devine and Amber Trebtisch, "Emissions Trading in New Zealand: A small but earnest start", Tax Planning International - Indirect Taxes, 8 BNA International 4, April 2010
“Change Leadership”, Lexis Nexis webinar, January 2010
“Resource Management Climate Change and Water Allocation”, Lexis Nexis webinar, January 2010
Rachel Devine and Shannan Mills, "Information about unverified contaminated land to be released" New Zealand Local Government Journal, September 2009
"Transferability of Water Permits", The RMA Reform Forum, Conferenz, April 2009
Rachel Devine and Carolyn van Leuven, "The New Zealand Approach to Renewable Electricity Generation and a Sustainable Energy Future" 26 AMPLA Yearbook 519, 2008
"Product Stewardship: the next tool in the tool box?" WasteMINZ Annual Conference, November 2008
"Waste as part of Economic Transformation in a Carbon Constrained World", FoodTech PackTech Conference, October 2008
"Emissions Trading", Climate Change Law Summit, Conferenz, September 2008
"New Zealand: Movement from Carbon Tax to Emissions Trading" Environmental Taxes: a Special Report, BNA International, July 2008
"Update: from Waitakere Ranges to Affordable Housing, Biofuels to a ban on thermal energy" Resource Management Forum 2008, conference paper, Lexis Nexis, June 2008
"Laws Waiting in the Wings" (Legislative and Policy Update) LexisNexis Resource Management Forum, May 2008
Case law updates for Thompson’s Local Government & Planning Law Guide, Australia 2008-2010
“Recent Developments”, Australian Resources and Energy Law Journal 377 (26), 2007

Work history

Partner, Minter Ellison Rudd Watts, Auckland (2007 - current)

Solicitor and Senior Associate, Another major New Zealand law firm (2005 - 2007)

Health, Safety and Environmental Counsel, Schlumberger Limited, Paris (2002 - 2004)

Senior Associate, Allen & Overy, London (2000 - 2002)

Solicitor, Rudd Watts and Stone (now Minter Ellison Rudd Watts), New Zealand (1998 - 2000)

Solicitor, Another major New Zealand law firm (1996 - 1998)