Kerry Anderson
PartnerKerry Anderson specialises in environment, natural resources and public law and focuses on local government, large infrastructure projects, iwi, and public sector work in that space.
Kerry has experience across all aspects of natural resources law having advised numerous local authorities, government and private clients on resource consent issues, designations, consenting pathways, plan drafting and interpretation, mediation, Council hearings, Environment Court appeals, High Court proceedings, Board of Inquiry hearings and an extensive range of enforcement matters.
Kerry specialises in large infrastructure projects and has had involvement in a number of New Zealand's 'roads of national significance', prisons, landfills/recycling facilities, wind farms and wastewater treatment plants, usually on behalf of public sector clients, but also the applicant side.
She also provides advice on decision-making processes across a variety of legislation, procedures necessary to implement certain decisions under specific legislation, as well as advising on legislative process and changes to legislation. Her regulatory experience includes experience across a wide range of legislation and includes appearing in the High Court on judicial review proceedings and other challenges to decisions made.
In the last few years, Kerry has worked extensively with the Marine and Coastal Area (Takutai Moana) Act on behalf of her hapū clients. This culminated in leading the legal team for a 7 week hearing in Napier in February/March 2021 on behalf of the applicant hapū group.
EXPERIENCE
- Plan preparation: Kerry has been involved with many local authority policy teams in relation to plan preparation, providing advice on matters such as the overall approach to drafting, RMA process, scope of plan changes/submissions and section 32 issues. Examples include the private plan change to the Regional Plan sought by NZTA in relation to the Transmission Gully project and a variety of regional plan issues in Marlborough. Kerry also led the DLA Piper team appointed as Greater Wellington Regional Council's main provider for legal services on the full Regional Plan review, which is concluded in 2022. She is currently working on the full Nelson District Plan Review.
- Plan review and appeals: Kerry has appeared local authorities in the Environment Court in relation to a variety of plan change appeals and attending numerous mediations in relation to plan change appeals. Since 1999, Kerry was involved in the appeals relating to the first proposed Plan for Wellington City (currently its operative Plan) and, more recently, all of the Plan Changes in Wellington's 'rolling review' of the chapters of its operative District Plan (over 80 plan changes). Most recently she has been involved in representing submitters in relation to a wāhi taonga plan change in Hawkes Bay.
- Resource consent hearings and appeals: Kerry has appeared in many Council hearings and in numerous resource consent appeals before the Environment Court and High Court. These matters include greenfields subdivisions, large infrastructure projects (including the biosolids and wastewater plants in Wellington, the southern landfill, 2 Wellington and 1 Manawatu Wind Farms, Wellington Airport runway extension, the RiverLink Project and large roading projects.
- Designations: Kerry was part of the team that led designation process to allow for a new men's prison in Manukau. Kerry also led a team on the Transmission Gully project, the MacKays to Peka Peka proposal, the Peka Peka to Otaki proposal and the Basin Bridge project. She has also acted as legal adviser to the Board on the Christchurch Southern Motorway proposal.
- Judicial review: Kerry has appeared in numerous judicial review proceedings in the High Court regarding non-notification decisions by Councils and decisions on plan change processes and is often involved in the review of decisions that may be challenged and the strategies involved in defending any such potential challenge.
- Public decision making: Kerry's experience in this area includes reviewing draft decisions/processes to insulate against successful judicial review proceedings, public law litigation, providing guidance on various decision making processes (including running a fair hearing, delegations, conflicts of interest, confidentiality, consistency with the NZ Bill of Rights Act and making bylaws), providing assistance to a number of clients to prepare and present submissions on new legislation (e.g., various Resource Management Act Amendments, Local Government Act Amendments and the Housing Accords and Special Housing Areas Act) and advising on issues relating to privacy and official information, including requests for information and responding to Ombudsman investigations.
- MACA: Kerry led the legal team for a 7 week MACA hearing in Napier in February/ March 2021 on behalf of an applicant hapū group and is very familiar with this legislation and its consequences. This is now proceeding to the Court of Appeal.
- English
- University of Otago, LLB, 1997
Awards
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Kerry is ranked as a leading Environment & Resource Management lawyer in the Chambers Asia-Pacific 2019 rankings. Chambers noting that Kerry is "particularly noted for her work with regional and city councils in housing projects and regulatory issues”.
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Kerry is given particular mention in the Legal 500 Asia-Pacific rankings 2018 for her "practice including work on resource consent issues, designations, plan drafting and interpretation, mediation, drainage and roading."
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Kerry was ranked as a leading Environment & Resource Management lawyer in Chambers Asia-Pacific 2017 "Kerry Anderson is commended for having 'superb judgement and providing timely and quality advice.' She maintains a notable practice acting on behalf of government entities in all aspects of large infrastructure projects, as well as routinely representing her clients in the Environment Court."
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Kerry was ranked as a leading Environment & Resource Management lawyer in Chambers Asia-Pacific 2016, with Chambers noting that she is "hailed as 'pragmatic and easy to work with,' Kerry Anderson is noted for her deft work on behalf of local government bodies during all stages of transportation and other infrastructure projects as diverse as roads and wastewater treatment facilities."
- Kerry was ranked as a leading Environment & Resource Management lawyer in Chambers Asia-Pacific Guide 2015, with Chambers commenting that "Kerry Anderson continues to rise in prominence in the resource management space. One appreciative interviewee enthused that 'she is very shrewd and has a great knowledge of process.'"
- Kerry was ranked as an "Up and Coming" Environment & Resource Management lawyer by Chambers Asia-Pacific Guide 2014, described as follows: "Kerry Anderson continues to build on her flourishing reputation within resource management, with clients saying: 'She has earned her stripes. She is doing that work really well.'"
Publications
- Public Decision Making Newsletter - Summer 2023, 21 March 2022
- Public Decision Making Newsletter - Winter 2022, 14 September 2022
- Public Decision Making Newsletter - Autumn 2022, 19 June 2022
- Public Decision Making Newsletter - Summer 2022, 4 April 2022
- Public Decision Making Newsletter - Spring 2021, 2 December 2021
- Public Decision Making Newsletter - Winter 2021, 9 August 2021
- Exposure Draft of the Natural and Built Environments Bill released for consultation, 29 June 2021
- Public Decision Making Newsletter - Spring 2020, 23 September 2020
- Public Decision Making Newsletter - July 2020, 15 July 2020
Prior Experience
- Prior to joining DLA Piper, Kerry worked as a research assistant at the Otago Law Faculty and then for Dr Royden Somerville QC, a well-known environmental practitioner from Dunedin.
Memberships And Affiliations
- New Zealand Law Society
- Honorary Solicitor, New Zealand Parking Association
- Resource Management Law Association
