AREAS OF EXPERTISE
Environment and Local Government Law, Resource Management Law
YEAR OF ADMISSION TO THE BAR
1996
Morgan specialises in resource management and environmental law. His clients include government departments and crown entities, publicly listed companies, property developers, environmental groups, and homeowners. He works for applicants and for affected parties, from small scale residential projects through to large infrastructure projects of national significance.
Morgan represents clients in council hearings, EPA hearings, the Environment Court, Boards of Inquiry, the High Court and Court of Appeal.
He regularly assists clients facing enforcement action, and guides clients through private and public plan change processes, designations, compulsory acquisition under the Public Works Act, and judicial review of notification decisions.
QUALIFICATIONS AND CAREER
- BA
- LL.B (Hons)
Career
- Since 2011 Barrister, Stout Street Chambers
- 2009 - 2011 Litigation Partner, Morrison Kent, Wellington
- 2002 – 2008 Solicitor, Morrison Kent, Wellington
- 2001 In-house counsel, Dixons Group PLC, London
- 2000 In-house counsel, Standard Life Assurance Group, Edinburgh
- 1996 – 1999 Solicitor, Morrison Kent, Wellington
RECENT AND NOTABLE CASES
- Counsel for Waterfront Watch Inc in Waterfront Watch Inc v Wellington City Council (2018) appeals against a proposal to redevelop Frank Kitts Park on Wellington’s waterfront.
- Co-counsel for Trans-Tasman Resources Ltd in Taranaki-Whanganui Conservation Board v Environmental Protection Authority (High Court, 2018), appeals against an EPA-granted marine consent to mine iron sand in the South Taranaki Bight.
- Counsel for Wellington Water Ltd in relation to the Proposed Natural Resources Plan for the Wellington Region (2016-)
- Counsel in Gabler v QueenstownLakes District Council (High Court, 2017) a judicial review of a non-notified consent for commercial activity in a rural zone.
- Counsel for Victoria University of Wellington in a private plan change application by the university, Plan Change 81.
- Amicus in Coastal Ratepayers United Inc v Kapiti Coast District Council (Environment Court, 2017) appeals concerning council procedures for addressing coastal hazards.
- Counsel for the consent applicant in Benson v Kapiti Coast District Council (Environment Court, 2016), an application for a medical centre in Waikanae.
- Co-counsel in Aitchison v Wellington City Counciland Walmsley v Aitchison (Environment Court, High Court and Court of Appeal, 2015 – 2017) concerning an objectionable boundary structure in Wellington.
- Counsel for the consent applicant in Teasdale v Wellington Regional Council (Environment Court, 2015) an appeal against consents for heavy protection works on the Hutt River.
- Counsel assisting a committee of the Environmental Protection Authority in Re Chatham Rock Phosphate Ltd (2015), an application to mine phosphorite nodules on the Chatham Rise.
- Counsel assisting a committee of the Environmental Protection Authority in Re Trans-Tasman Resources Ltd (2014), the inaugural marine consent application in the exclusive economic zone, for ironsand mining in the South Taranaki bight.
- Junior Counsel in Palmerston North City Council v New Zealand Windfarms Ltd(Court of Appeal, 2014) and earlier proceedings (High Court, 2013), appeals concerning compliance with conditions of consent relating to windfarm noise.
- Counsel for the applicant in Re Palmerston North Industrial and Residential Developments Ltd (Environment Court 2014), an application for declarations relating to the scope of plan change submissions.
- Prosecution Counsel in Wellington City Council v Virgin Australia Airlines (NZ) Ltd(District Court, 2014) a prosecution for RMA offences for breach of noise curfews at Wellington airport.
- Counsel for Regional Wines & Spirits Ltd in Re Basin Reserve Flyover (Board of Inquiry, 2014).
- Counsel for the defendant in Carterton District Council v McCarron (District Court, 2014), a collateral challenge against District Plan financial contribution provisions.
- Counsel for the appellants in Wilford Urban Environmental Association Inc v Hutt City Council and Ryman Healthcare(Environment Court, 2014), an appeal against consents to develop a residential aged care facility.
- Counsel for Transpower New Zealand Limited in Re Proposed Paraparumu 220kV Supply Connection (Kapiti District Council, 2013), applications for consent and notices of requirement for designations for new national grid infrastructure on the Kapiti coast.
- Counsel for Victoria University in Sapsford v Wellington City Council (Environment Court, 2013), an appeal relating to Plan Change 72 (residential review) in Wellington.
- Counsel for Wellington International Airport Ltd in Centreport Ltd v Wellington City Council (Environment Court, 2013), an appeal relating to Plan Change 73 (suburban centre review) in Wellington.
- Counsel for Transpower New Zealand Limited in Re Transmission Gully Proposal(Board of Inquiry, 2012), applications under a national environmental standard for a transmission line relocation project as part of a nationally significant state highway proposal.
- Counsel for the defendant in Manawatu-Wanganui Regional Council v DB and AE Cheetham Ltd (District Court, 2012), a prosecution for effluent discharge offences.
- Co-counsel for the applicant in KLMOS Properties Ltd v Hutt City Council (High Court, 2012), an application for judicial review of notification of a consent relating to a supermarket development at Petone.
- Co-counsel assisting the Board of Inquiry determining the Turitea Wind Farm Proposal (2011).
- Counsel for the defendant in Wellington Regional Council v Supreme Automotive Refinishers Ltd (District Court, 2011), a prosecution for odour offences.
- Co-counsel assisting the Board of Inquiry making recommendations on the proposed New Zealand Coastal Policy Statement (2010).
- Counsel for the consent applicant in Environmental Preservation of Northland Wellington v Wellington City Council(Environment Court, 2010), an appeal against the grant of consents for a childcare facility.
- Junior Counsel for environmental societies in Meridian Energy v Central Otago District Council (High Court, 2010) and earlier proceedings (Environment Court, 2009) relating to the Project Hayes windfarm proposal.
- Counsel for Waterfront Watch Inc and Wellington Civic Trust in Intercontinental Hotel v Wellington Regional Council (Environment Court, 2008), an appeal against consents for a Hilton Hotel at Queens Wharf, Wellington.
- Junior Counsel for BP Oil (NZ) Limited in Shell NZ Ltd v Porirua City Council (Court of Appeal, 2005), and earlier proceedings (High Court, 2004 and Environment Court, 2003) relating to a proposed BP Service Station at Mana in Porirua.
- Junior Counsel for the appellant in Wellington International Airport Ltd v Wellington City Council (Environment Court, 2005), an appeal against consents for an apartment development proximate to the airport.