For several years, Simon Berry and Jen Vella have been advising the Thames Coromandel District Council ("TCDC") in relation to appeals by the New Zealand Minerals Industry Association ("NZMIA") and the Ministry for Economic Development ("MED") against the provision  for mining in TCDC's Proposed District Plan ("PDP").  After a process of mediation very ably facilitated by Environment Court Commissioner Oliver, the appeals were (surprisingly to many) settled without the need for an Environment Court hearing in late 2009 and TCDC's District Plan was made fully operative in April 2010 – some 13 years after it was first notified.

The appeals reflected a longstanding dispute between NZMIA and local environmental groups about the appropriate activity status for mining on the Coromandel Peninsula which spawned appeals to both the High Court and Court of Appeal and resulted in a 2007 Court of Appeal decision that confirmed that the prohibited activity status may be used in a certain circumstances even though a plan change may also be contemplated. The Court of Appeal decision is consistent with the approach adopted by TCDC.

Since the settlement, Simon and Jen have been assisting TCDC develop its response to current Government proposals to open up land scheduled in the Conservation Act for mining. TCDC adopted a neutral stance but lodged a comprehensive submission on the Government paper, drawing attention to the values of the Coromandel and to related planning initiatives relevant to the Government's decision making.