Kierra Parker
She/herSenior AssociateKierra specialises in resource management litigation. She regularly provides advice on RMA processes, plan changes, resource consent appeals, declaration proceedings, objections, designations, direct referrals, enforcement orders and prosecutions.
She has extensive litigation experience over the last 12 years, having appeared before the High Court, Environment Court, at Panel hearings in New Zealand, and the Victorian Supreme Court, PPV and VCAT in Victoria, Australia. Kierra has been involved in running large litigation matters in New Zealand and in Australia and is experienced at briefing, reviewing and co-ordinating evidence and expert witnesses.
She also has a wide range of experience working with primarily public sector clients in New Zealand and Melbourne, Australia on issues concerning building and construction, contaminated land, local government decision making, heritage and culture, climate change, forestry, gambling, public administrative law issues (in particular judicial review), and civil claims involving damage caused by flooding. She is a published author (in the NZJEL, EPLJ and RMLJ) on a number of topics related to climate change litigation, regulation and policy.
EXPERIENCE
General Resource Management
- Kierra provides advice and representation on a range of matters under the RMA, including plan interpretation, plan changes, declaration proceedings, designations, resource consents and appeals, direct referrals and other issues.
- Her experience has involved acting for the local authority on major infrastructure projects such as the Cribb Point Gas Pipeline and Jetty proposed in Melbourne. In Melbourne, Kierra also worked on plan change appeals for the Fisherman’s Bend Urban Renewal Precinct and extensive heritage reviews.
Enforcement and Prosecution
- Kierra has been involved in successfully obtaining a number of high profile enforcement orders under the RMA and the planning and environmental legislation in Victoria, Australia. She has also acted appeals in relation to abatement notices, and determinations concerning notices to fix, and provided general advice and training on enforcement options available and gathering suitable evidence. She has experience in prosecutions, and enforcement issues in other regulatory contexts - including in respect of dangerous, insanitary and earthquake-prone buildings.
- Cases include: Banora v Auckland Council [2017] NZHC 3276: enforcement order obtained by Auckland Council for earthworks; Aitchison v Walmsley [2016] NZEnvC 15: enforcement order obtained for removal of fence structure in Central Wellington.
Judicial Review
- Acting in judicial reviews in the RMA context for local authorities defending notification decisions, and in a judicial review of a decision of an expert consent panel under Fast Track legislation.
- Acting for the successful applicant of a judicial review of a decision of the Minister of Conservation on behalf of a special interest group: Lower North Island Red Deer Foundation Inc v Minister of Conservation [2017] NZHC 134.
Climate change and natural hazards
- Kierra has experience advising local authorities on issues and civil liability related to natural disasters in 2022-2023.
- Kierra is a published author and advisor on topics concerning climate change regulation, litigation and policy, and has a Masters of Environmental Law which involved research into climate change topics. She has also acted for renewable energy projects obtaining resource consent where issues of climate change denialism arose.
Culture and Heritage
- Kierra's previous role as in house counsel for Heritage New Zealand Pouhere Taonga, has provided her with an in-depth knowledge of the Heritage New Zealand Pouhere Taonga Act 2014. She provided advice on the operation and requirements of the Act. She is experienced in acting in relation to appeals on Archaeological Authorities, acting on plan change appeals and resource consent appeals which involve heritage issues.
- Cases include Te Tumu Landowners Group v Tauranga City Council [2014] NZEnvC 38; TKC Holdings Ltd v Western Bay of Plenty District Council [2015] NZEnvC 100, Lambton Quay Properties Nominee Ltd v Wellington City Council [2014] NZHC 878.
- Melbourne University, Master of Environmental Law – First Class Honours, 2021
- Victoria University of Wellington, LLB, 2011
- Victoria University of Wellington, BA (Criminology and Classical Studies), 2010
Publications
- Climate change litigation: downstream GHG emissions in environmental effects assessment - Resource Management Law Journal, 1 August 2024
- Once in a generation reform gone wrong? Common concerns raised by submitters on the RMA reformOnce in a generation reform gone wrong? Common concerns raised by submitters on the RMA reform - Resource Management Law Journal,1 April 2023
- Climate change culpability in Aotearoa – could emitters be in hot water? - Resource Management Law Journal, 1 August 2022
- 'Cow-nting Down': Regulatory Measures to Reduce New Zealand's Biogenic Methane Emissions'Cow-nting Down': Regulatory Measures to Reduce New Zealand's Biogenic Methane Emissions - New Zealand Journal of Environmental Law, 27 July 2022
- Insights for Victoria's General Environmental Duty from across the DitchInsights for Victoria's General Environmental Duty from across the Ditch - Thomson Reuters, 6 September 2021
- Navigating the Duty of Active Protection of Maori Interests in a Climate CrisisNavigating the Duty of Active Protection of Maori Interests in a Climate Crisis - New Zealand Journal of Environmental Law, 12 July 2021
- Litigating at the Source: Attributing Climate Change Impacts to Coal MinesLitigating at the Source: Attributing Climate Change Impacts to Coal Mines - Thomson Reuters, 18 January 2021
- Safeguards for the Sea: Offshore Oil Spill Liability in AustraliaSafeguards for the Sea: Offshore Oil Spill Liability in Australia - Thomson Reuters, 29 October 2020
- Serial Environmental Offenders: Putting Penalties into PracticeSerial Environmental Offenders: Putting Penalties into Practice - Thomson Reuters, 17 May 2020
Memberships And Affiliations
- New Zealand Law Society
- Resource Management Law Association
