Kate Rogers

As environmental regulation becomes increasingly complex, the evidential backbone of effective prosecutions remains unchanged: holding sufficient admissible evidence to prove offences beyond reasonable doubt.

This session returns to that core principle, translating a legal standard into practical, day-to-day tools for frontline officers operating in a rapidly evolving regulatory environment.

Whilst this test is relevant for all aspects of a prosecution, it is particularly applied at two stages, firstly when the evidence is reviewed to determine if a prosecution should be initiated, and secondly by the Court in any contested hearing.

Using real-world case studies, the session will demonstrate both effective and flawed approaches to CME practice—highlighting how strong foundational work enables successful enforcement, and how seemingly minor deficiencies can prevent a case from meeting the criminal threshold.

Grounded in experience and focused on practical application, this session reinforces that strong CME outcomes are built on fundamentals: disciplined evidence gathering, clarity of legal thinking, and early preparation for the realities of the courtroom.

Learning outcomes

Participants will:

• Gain a clear, practical understanding of what “beyond reasonable doubt” means in the context of environmental prosecutions.

• Identify the essential elements of a robust case file and the common evidential gaps that undermine enforcement outcomes.Kate Rogers is a Special Counsel in the Environment, Planning and Natural Resources team at DLA Piper New Zealand.

She specialises in resource management, environmental compliance, and regulatory enforcement, advising local and central government clients on a wide range of planning and environmental matters.

Kate has significant experience in enforcement proceedings under the Resource Management Act and Building Act, including investigations, enforcement orders and prosecutions, and regularly appears in court on regulatory matters.