Sarah Ongley
BARRISTER
RMA Hearings Commissioner
Sarah commenced her career in environmental and local government law at Chapman Tripp in 1996. She has since held a diverse range of legal roles including with Auckland Council (team manager), the Ministry for the Environment/Manatū Mō Te Taiao, Department of Conservation/Te Papa Atawhai and Mercury Energy, becoming an independent barrister in 2015.
Sarah has considerable advocacy experience, appearing in significant cases in the areas of landscape identification, biodiversity, marine planning, coastal processes and freshwater. Equally experienced in district matters such as urban development, subdivisions, amenity, designations and enforcement, Sarah acts for private clients, community groups, NGOs, central and local government. Her unique experience in freshwater matters has led to fruitful relationships with iwi and hapū clients. She is adept at providing strategic advice and focusses on efficient solutions, including in negotiation/mediation.
Sarah takes instructions on all areas of environmental/local government law including resource consent applications, submissions on district and regional plans, Building Act, official information legislation, public law issues, wider coastal issues and the distinct legislation administered by the Department of Conservation. She is well positioned to provide advice on legislative reform given her experience assisting central government policy teams, legislative drafting and as a departmental advisor to previous environmental select committees. (Notably, she led the cross-departmental team that provided legal advice on the legislation that enabled New Zealand to ratify the Kyoto Protocol).
Hailing from the Manawatū, Sarah lives on a lifestyle block in Ngāmotu/New Plymouth, travelling regularly for work. She has established networks with planning and technical consultants across Aotearoa.
Sarah is approved to accept instructions directly.
Qualifications and appointments
LLB (Hons), Victoria University of Wellington, 1992
Barrister and Solicitor of the High Court of New Zealand, 1993
Accredited RMA Hearings Commissioner, since 2015 (Chair endorsement)
Freshwater Commissioner, Office of the Chief Freshwater Commissioner, since 2020
Memberships and community involvement
Member, New Zealand Bar Association | Ngā Ahorangi Motuhake o te Ture
Resource Management Law Association | Te Kahi Ture Taiao: Conference Committee, Leader of the Freshwater Hub 2019-2022 (co-ordinating submissions on freshwater reform), immediate past Chair Taranaki Branch
Trustee, New Zealand Native Forest Restoration Trust
Publications and conferences
“The Role of Experts at First Instance Hearings” Presentation to the Taranaki Branch of the RMLA, M St Clair and S Ongley, 27 May 2021
Guest lecturer, Resource Management & Planning Law, Massey University, School of Planning and Geography, 2016
“Omitting the ‘Outstanding’ – natural landscapes and SNA’s”, S Ongley and P Anderson, New Zealand Resource Management Law Journal, April 2016
“The use of a sustainability criterion for identifying areas of significance under section 6(c) RMA” New Zealand Resource Management Law Journal, November 2012
“Aquaculture – the First Major Failure in Planning?” Conference paper delivered for the RMLA Annual Conference 2002 (plenary session)
“The RMA on the Ground: Council Hearing Procedures” Brookers Resource Management Gazette 1997: 1-4
“Joint Ventures and Fiduciary Obligations” Victoria University of Wellington Law Review 22(4) Oct 1992: 265-283
Notable cases
Developers and business operators
- Gibbs v Far North District Council W76/2004 – Counsel for a developer in successfully defending an appeal against a subdivision at Paihia – involving extensive historical evidence on cultural effects.
- Council-level hearings for a quarry, wastewater discharge, restaurant/events facility and several subdivisions.
- Turitea wind farm resource consent applications (project team).
- Defending enforcement actions including in Jones v Bay of Plenty Regional Council [2021] NZEnvC 139 (alleged illegal seawall); Manawatu-Wanganui Regional Council v PFDL (5) Ltd [2015] NZDC 20550 (development/monitoring fees & charges); Goldwater v Richards A143/03 (alleged odour/discharge to land and water).
Iwi and hapū
- Remediation (NZ) Ltd v Taranaki Regional Council [2023] NZEnvC 78 – Counsel for Te Rūnanga o Ngāti Mutunga (iwi) in opposing the re-consenting of a composting plant in North Taranaki involving issues of freshwater and contaminated site management – effects on ancestral lands and tupuna awa (final decision pending).
- Horowhenua District Council v Manawatu-Whanganui Regional Council [2018] NZEnvC 163; [2019] NZEnvC 13 – Counsel for Ngāti Raukawa ki te Tonga (iwi) and Ngāti Whakatere (hapū) opposing resource consents for the discharge of municipal wastewater to ancestral lands at Matakarapa (Foxton).
- Counsel for Ngāti Turanga hapū in appeals against Manawatū-Whanganui Regional Plan Change 2 involving issues of diffuse discharges to water from farming activities (decision pending).
Community Groups/NGOs
- Regina Properties Ltd v New Plymouth District Council [2023] NZEnvC 21 – Counsel for a residents group opposing overheight building development with effects on views/shading/privacy (consents declined).
- Manawatu District Council v Manawatu District Council [2016] NZEnvC 53 – Counsel for the Water Protection Society Inc opposing the continued direct discharge of sewage to the Oroua River from the Fielding Wastewater Treatment Plant, providing precedent on the relevance of non-compliance.
- Royal Forest and Bird Protection Society of NZ Inc v New Plymouth District Council [2015] NZEnvC 219 – Lead counsel for the Royal Forest and Bird Protection Society in successful applications for declarations against New Plymouth District Council for failure to identify significant natural areas in the district plan.
- Hauraki Maori Trust Board v Waikato Regional Council HC Auckland CIV-2003-485-999 – Counsel for Auckland Yacht and Boating Association (Inc) in appeals on marine farming zones in a Waikato Regional Coastal Plan (with R Brabant).
Statutory organisations
- Wellington Fish and Game Council v Manawatū-Whanganui Regional Council [2017] NZEnvC 37 – Counsel for the Wellington Fish and Game Council in seeking successful declarations against the Manawatū-Whanganui Regional Council in relation to implementation of the ‘Horizons One Plan’, providing precedent on plan interpretation and restricted discretionary activities.
- Ward Ranch Ltd v Minister of Conservation/Te Papa Atawhai [2018] NZHC 2893 – Counsel for Auckland/Waikato Fish & Game Council defending a claim in tort (alleged nuisance and trespass arising from the maintenance and operation of a weir on the Whangamarino River) – application of Limitation Acts 1950 and 2010 (with S Hughes KC) .
- Freshwater plan/plan change appeals – Counsel for the Wellington Fish & Game Council on Plan Change 1 to the Manawatū-Whanganui combined regional plan/policy statement; Auckland/Waikato Fish & Game Council on Plan Change 2 to the Waikato Regional Plan; Southland Fish & Game Council on Southland Land and Water Plan (Interim Decision in Aratiatia Livestock Ltd v Southland Regional Council [2019] NZEnvC 20).
District Councils/agents
- Handley v South Taranaki District Council [2018] NZEnvC 97 – Counsel for the South Taranaki District Council in a case involving notices of requirement for a local roading project – providing precedent on legal principles around designations.
- Austin v Auckland City Council A156/04 and Schaef v Auckland City Council A 149/05 – Counsel for Auckland City Council (Environment Court) .
- Wellington Regional Council v Wellington City Council Environment Court W109/98 – Counsel for Anglian Water International (NZ) Ltd defending enforcement orders for odour discharge from Moa Point treatment plant.
Ministers and Government departments
- Te Rūnanga o Ngāti Whātua v Auckland Council [2023] NZEnvC 277 – Lead counsel for the Director-General of Conservation in a case involving applications for resource consents for a ‘mega’ landfill north of Auckland (Wayby Valley), involving a wide range of effects including cultural, terrestrial and aquatic habitats heard over 13 weeks by a Full Bench – briefing nine expert witnesses.
- Northland Regional Plan – Counsel for Minister of Conservation across appeal hearings including landscape, stock exclusion, diffuse discharges from farming activities, water allocation (takes), biodiversity and mangrove removal: Federated Farmers of New Zealand v Northland Regional Council [2022] NZEnvC 16; Minister of Conservation v Northland Regional Council [2021] NZEnvC 170; [2021] NZEnvC 113; [2021] NZEnvC 77; and [2021] NZEnvC 1; CEP Services Matauwhi Ltd v Northland Regional Council [2021] NZEnvC 93.
- Director-General of Conservation v Northland Regional Council [2022] NZEnvC 170 – Lead Counsel for the Director-General of Conservation in an appeal against consents for a group of water takes from the Te Aupōuri Aquifer, involving a complex set of ‘adaptive management’ conditions.
- Waka Kotahi NZ Transport Agency v Manawatū-Whanganui Regional Council [2020] NZEnvC 192 – Lead Counsel for the Director-General of Conservation, successfully resolving issues at mediation for the Manawatu Tararua Highway roading project/Te Ahu a Turanga.
- Director-General of Conservation v Taranaki Regional Council [2021] NZEnvC 27; [2019] NZEnvC 203 – Counsel for the Director-General of Conservation, involving one of the largest biodiversity ‘offset/compensation’ packages in NZ for the removal of indigenous vegetation and associated effects of the ‘Mt Messenger Bypass’ roading project.
- Day v Manawatu-Whanganui Regional Council [2012] NZEnvC 182 – Counsel for the Minister of Conservation in appeals on the Horizons One Plan (combined regional policy statement/regional plan).
- Golden Bay Marine Farmers v Tasman District Council W42/2001 – Counsel for the Minister for the Environment in spatial planning for aquaculture in Tasman and Golden Bays, involving a 13 week hearing and providing precedent on issues of overlap between the Resource Management Act and fisheries legislation (prior to aquaculture reform).
- Wakatipu Environmental Society Inc v Queenstown-Lakes District Council [2000] NZRMA 59 – Counsel for the Minister for the Environment on a seminal case regarding landscape assessment and identification.
