David Allen

Profile

David specialises in all aspects of resource management, environmental and natural resources law. He is a leading adviser on complex and large scale infrastructure projects and has particular experience in wastewater and freshwater, roading and energy projects (having advised on geothermal, wind, hydro and thermal projects). David understands the unique challenges of large projects and works collaboratively with his clients, their advisers and other parties to ensure his clients' outcomes are achieved in the most effective and efficient manner.

David is an accredited chair of RMA hearings panels and has chaired a number of hearings. He is also a presenter of the Ministry for the Environment's "Making Good Decisions" programme required for all resource management decision-makers.

Market recognition

"David Allen is excellent. I would trust him with anything. He is so calm, composed and skilful - excellent legal advice, and amazing support. A wonderful human, and a fantastic legal brain." - Legal 500 Asia-Pacific

"David is extremely professional and he has a warmth which puts his clients at ease. He is knowledgeable, practical and is able to see issues from the perspective of his clients. He has the ability to articulate complex legal matters into everyday English." - Legal 500 Asia-Pacific

David is "an articulate and experienced lawyer who has a friendly demeanour and a sharp wit. He provides sound, expert advice and is able to anticipate how cases will develop and advise accordingly." - Chambers Asia-Pacific

David is listed as a 'notable practitioner' for project development by IFLR1000 and a 'leading individual' for environment and resource management by Chambers

Accredited RMA Hearings Commissioner Chair

Member of the Resource Management Law Association (RMLA)

Associate Member of the New Zealand Planning Institute (NZPI)

Work highlights

Advising on fast-track approval projects:

Advising Genesis Energy on the Tekapo Power Scheme (a favourable draft decision has been provided) and on its listed Foxton Solar Farm project
Advising Westpower on its Waitaha Power Scheme (awaiting Expert Panel appointment)
Advising other clients on referral applications for various projects
Reviewing completeness processes for the Environmental Protection Authority
Legal advisor to the Delmore Expert Panel.

Advising the Ministry of Business, Innovation and Employment

in 2024 on regulatory regime issues and options for Carbon Capture and Storage and LNG facilities

Advising on fast-track projects under the COVID-19 Recovery (Fast-track Consenting) Act 2020 including:

Advising CentrePort on KiwiRail's IReX Kaiwharawhara Wellington Ferry Terminal development
Acting as Panel Chair for the Flint's Park Stage 1 consent re-application (housing development) having chaired the Streamlined Planning Process for the underlying plan zoning applying to the wider application area (2,500 dwellings).

Advising the Environmental Protection Authority (and decision-making committees and Boards of Inquiry)

on marine consent applications under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act and its regulatory regime, including on non-notified and notified marine consent applications

Advising the Electricity Sector Environmental Group

(Genesis Energy, Contact Energy, Meridian Energy, Mercury NZ (with NZWEA and Transpower)) on RMA and National Policy Statement Reform

Advising NZ Transport Agency Waka Kotahi

on various projects including the NZ$2.1b Ōtaki to North of Levin Expressway and the NZ$365m Mt Messenger bypass project

Advising the RiverLink Project partners (NZ Transport Agency Waka Kotahi, Greater Wellington Regional Council and Hutt City Council) as well as KiwiRail

on the designation and resource consent applications and notices of requirements for the NZ$1.5b RiverLink project (new Melling interchange and bridge, new flood protection works and public transport works, and urban renewal and regeneration works for the Lower Hutt City centre)

Advising Contact Energy

on its NZ$750m GeoFuture geothermal project and previously on numerous wind, geothermal, hydro and thermal projects and other planning matters

Advising Genesis Energy

on the reconsenting of the Tekapo Power Scheme (as part of the larger Waitaki Power Scheme) and on other projects (including the Foxton Solar Farm) and planning matters

Advising PEPANZ (now Energy Resources Aotearoa)

on the Environment Court appeals related to the planning provisions for oil and gas extraction and facilities in the South Taranaki District Plan

Advising Local Government New Zealand

on the current RMA reforms

Advising CentrePort

on various RMA matters including KiwiRail's IReX Kaiwharawhara terminal fast-track consenting process, shipping channel deepening and strategic projects

Advising Land Information New Zealand

on the remediation and landfill upgrade consents for the closed Tokanui Psychiatric Hospital with the land to be returned to iwi under the Ngāti Maniapoto Deed of Settlement (and the Maniapoto Settlement Claims Act 2022)

Advising Queenstown Lakes District Council on:

Various emergency works actions, including in relation to the Shotover Wastewater Treatment Plant (SWWTP)
Short and long-term consents for the discharges from the SWWTP
Issues related to the capacity of the Hawea WWTP and its discharges

Advising Hutt City Council on the NZ$30m plus Tupua Horo Nuku - Eastern Bays shared path from Seaview to Eastbourne

This project faced many challenges, including being located in a tightly constrained and highly valued coastal environment, vulnerability to climate change, and funding constraints

Advising the Let's Get Wellington Moving (LGWM) Partners

(NZ Transport Agency Waka Kotahi, Greater Wellington Regional Council and Wellington City Council) on the NZ$7.4b LGWM programme

Advising Horowhenua District Council

on numerous land development and intensification matters including Environment Court direct referrals for the Shannon and Levin wastewater projects, the Levin town water supply and its wastewater and trade waste bylaw reviews

Advising Tararua District Council

on Environment Court appeals in relation to its Eketahuna, Pahiatua and Woodville wastewater projects

Advising Queenstown Lakes District Council, Wellington Water/South Wairarapa District Council, Whakatane District Council, Central Hawkes Bay District Council and Tauranga City Council

on numerous wastewater, water and landfill projects, and infrastructure planning matters

Advising Kāinga Ora-Homes and Communities

on the legal framework for the different phases of the Specified Development Project process under the Urban Development Act 2020

Advising the Maungaharuru-Tangitū Trust

on its Environment Court appeal on the Proposed Hastings District Plan in relation to protecting its sites of cultural significance

Advising the Crown

on its 'All of Government' submission (on behalf of 22 government departments and agencies) on the proposed Christchurch Replacement District Plan

Advising Greater Wellington Regional Council

on the reconsenting of its river management flood protection works across the region

Hearing Panel Chair for numerous matters, including:

Queenstown Lakes District Council's urban intensification variation
2024 Flint’s Park COVID Fast-track process for 350 new dwellings
2023/24 Queenstown Lakes District Council Ladies Mile housing variation Streamlined Planning Process (some 2,500 plus new dwellings and associated centres)
Plimmerton Farm Streamlined Planning Process (for housing and associated centres/activities on a 384-hectare site)
Lower Hutt City Council urban intensification Plan Change 43.

Experience

Sector/Expertise

Alternate contacts