Clare Lenihan Barrister

Contact Clare


Phone

M: +64 27 577 6823
P: +64 3 214 1674

Email

clare.lenihan@environmentallawyer.co.nz

Personal website

www.environmentallawyer.co.nz

Clare Lenihan

BARRISTER

Passionate. Curious. Committed.

Clare specialises in environmental, conservation and public law and has over 25 years’ experience.  She started out as a criminal lawyer and then worked for the Department of Conservation for 15 years as Southland Conservancy Solicitor. Clare joined the Independent Bar in 2012. She has represented a wide range of clients during that time, from central and local government, NGOs and corporate to individuals, farmers and community groups, covering a myriad of environmental issues. She has appeared in all Courts as lead or sole counsel (District Court, Environment Court, High Court, Court of Appeal and Supreme Court).

Although based in Southland, Clare has experience in regions from the far north to the deep south, including the Subantarctic Islands (which she has been lucky enough to visit).

Clare has considerable experience in and is able to advise on a wide variety of issues including: policy statements and plans, resource consent applications, coastal and freshwater matters, indigenous biodiversity, natural character and outstanding landscapes, marine farm replacement consents, subdivisions, enforcement orders and abatement notices, conservation issues, judicial review and declaratory judgment proceedings, roading issues, historic heritage, and cycle trails.

Clare is the proud mother of a curious, spirited and entertaining daughter!


Qualifications and appointments

LLB, University of Otago, 1993
MusB, University of Auckland, 2002
ATCL (Piano), Trinity College London
Admitted as Barrister and Solicitor of the High Court of New Zealand, 1993
Accredited RMA Hearings Commissioner, 2012–2020

Memberships and community involvement

National Committee member, Resource Management Law Association
Editorial Committee member, Resource Management Journal, 2016 –
Member, New Zealand Bar Association | Ngā Ahorangi Motuhake o te Ture
Member, Southland District Law Society
Chairperson, Outreach Singing Aotearoa Trust, 2020 –
Trustee, Arts South Murihiku Charitable Trust, 2016–2018
Chairperson, St Theresa’s School (Invercargill) Board of Trustees, 2016–2018
Musical Director, Les Misérables Invercargill, July 2021

Supreme Court

  • Reihana v Rakiura Titi Committee [2018] NZSC 119 – Sole counsel, successfully acted against leave to appeal

 Court of Appeal

  • Reihana v Rakiura Titi Committee [2018] NZCA 325 – Sole Counsel in stay proceedings.
  • Brook Valley Community Group Inc v The Brook Waimarama Sanctuary Trust [2017] NZCA 377 – Lead counsel in preliminary hearing seeking a stay and interim relief opposing an aerial drop of brodifacoum in Nelson.
  • Reihana v Rakiura Titi Committee [2016] NZCA 2048 – Sole Counsel on appeal from judicial review and declaratory judgment regarding Titi (Muttonbird) Islands Regulations 1978).

 High Court

  • Brook Valley Community Group Inc v The Trustees of the Brook Waimarama Sanctuary Trust [2017] NZHC 1844; [2018] NZRMA 51 – challenge to aerial drop of brodifacoum. Co-counsel with Crown Law, High Court declaration, and judicial review proceedings.
  • Reihana v Rakiura Titi Committee [2016] NZHC 2048, [2016] NZAR 1491 – Sole Counsel in judicial review and declaratory judgment proceedings regarding Titi (Muttonbird) Islands Regulations 1978.
  • Alpine Choppers v Minister of Conservation [2008] NZAR 564 – Co-counsel in judicial review of Department of Conservation concession tender process for aerial landings at Milford Aerodrome.

 Environment Court

  • Burgoyne v Northland Regional Council [2019] NZEnvC 137 – consent for avocado farm.
  • Friends of Sherwood Trust v Auckland Council [2018] NZEnvC 178 – challenge to use of 1080 by Auckland Council.
  • Friends of Sherwood Trust v Auckland Council [2019] NZEnvC 12
  • Aratiatia Livestock Ltd & ors v Southland Regional Council [2019] NZEnvC 208 (First Interim Decision) – proposed Southland Water and Land Plan, acting for Federated Farmers and other farmers.
  • Aratiatia Livestock Limited & Ors v Southland Regional Council [2020] NZEnvC 93 (Second Interim Decision).
  • Aratiatia Livestock Limited & Ors v Southland Regional Council [2020] NZEnvC 94 (Decision on Notice of Motion).
  • Aratiatia Livestock Ltd & ors v Southland Regional Council [2020] NZEnvC 110 (Third Interim Decision).
  • Aratiatia Livestock Ltd & ors v Southland Regional Council [2018] NZEnvC 218 (decision on standing of s274 party).
  • Southland Fish & Game New Zealand v Southland Regional Council [2016] NZEnvC 220; Southland Fish and Game New Zealand v Southland Regional Council [2015] NZEnvC 135 – Appeal against cycle trail alongside the Upper Oreti River (Southland).