Michael Garbett

Michael specialises in local government and environment and planning law. He has practiced in these areas with Anderson Lloyd since 1998. His work is a combination of advice on a wide range of legal compliance for Councils, plan development, and Environment Court cases.

Michael has acted for a large number of territorial local authorities. His work has involved legal advice on a wide range of legal issues involving Councils. Examples of his expertise include work on strategic and financial planning documents and processes such as long term and annual plans; rating compliance; decision making procedures and consultation obligations; official information advice; advice for Elected Members such as under the Member’s Interests’ Act and common law obligations; developing and reviewing Bylaws; and legal   advice on a wide range of other legislative requirements.

In the environment and planning area, he regularly works on a wide range of issues such as appeals on resource consents, enforcement options, prosecutions, plan development, and designations. He has managed a large number of appeals (approximately 200) through the Environment Court process including the Court mediation and hearing processes. He has been involved in a number of High Court appeals and Judicial review applications. His work has also included successfully defending 3 appeals in the Court of Appeal.

Michael enjoys contributing to project development and consenting. He appreciates complex legal issues and is an expert advocate with extensive Court experience. His approach is to anticipate the issues and help clients efficiently navigate them with a mix of the law and practical ideas. Michael believes it is important to clearly set out the legal principles, the options available, and then provide guidance to enable his clients to make informed decisions.

Michael is currently the treasurer, and former chairperson, of the Otago/Southland branch of the Resource Management Law Association.

Publications

• From RMA to a New Era: Transitioning to the Planning Act and Natural Environment Act
• ‘Granny Flats’ get the go ahead
• Resource Management Reforms and their implications for Councils
• Another Early Christmas Present for Resource Management: National Direction Updated
• Landmark changes arrive with the Natural Environment Bill and Planning Bill in major resource management reform
• Removing Regional Councillors? A Major Governance Shift Announced
• Local Government (System Improvements) Amendment Bill: A new focus on Core Functions
• Major Changes for NZ Councils from the Local Government (Water Services Preliminary Arrangements) Act 2024 and Local Government (Water Services) Bill
• Offshore Renewable Energy Bill passes first reading
• Changes to the National Policy Statement for Highly Productive Land (NPS-HPL) are due to come into effect soon
• Water Services Entities Act 2022
• Recent Prosecutions of Forestry Companies