Environmental law in

New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...

is an increasingly well defined body of national law that has a specialist court, The

Environment Court of New Zealand The Environment Court of New Zealand ( mi, Te Kōti Taiao o Aotearoa) is a specialist court for plans, resource consents and environmental issues. It mainly deals with issues arising under the Resource Management Act, meaning that it covers a w ...

(

Māori Māori or Maori can refer to: Relating to the Māori people * Māori people of New Zealand, or members of that group * Māori language, the language of the Māori people of New Zealand * Māori culture * Cook Islanders, the Māori people of the C ...

: Te Kooti Taiao o Aotearoa), to decide related issues.

History

The roots of New Zealand environmental law can be traced to the

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...

. The increasing environmental awareness of the 1960s led to a specific body of environmental law that developed in many

Western Western may refer to: Places *Western, Nebraska, a village in the US *Western, New York, a town in the US *Western Creek, Tasmania, a locality in Australia *Western Junction, Tasmania, a locality in Australia *Western world, countries that id ...

countries including New Zealand. Environmental law became more integrated in the 1980s with the passing of the

Environment Act 1986 The Environment Act 1986 of New Zealand established the Ministry for the Environment and the Office of the Parliamentary Commissioner for the Environment. References About the Environment Act 1986 Statutes of New Zealand Urban planning in ...

and the

Conservation Act 1987 The Conservation Act 1987 is New Zealand's principal act concerning the conservation of indigenous biodiversity. The Act established the Department of Conservation (who administer the Act) and Fish and Game, and complements the National Park ...

. These Acts set up the Ministry for the Environment,

Parliamentary Commissioner for the Environment __NOTOC__ The Parliamentary Commissioner for the Environment (''Te Kaitiaki Taiao a Te Whare Pāremata'' in Māori) is an independent Officer of the New Zealand Parliament appointed by the Governor-General on the recommendation of the House of R ...

and the

Department of Conservation An environmental ministry is a national or subnational government agency politically responsible for the environment and/or natural resources. Various other names are commonly used to identify such agencies, such as Ministry of the Environment ...

. The most significant Act of Parliament concerning environmental law was the passing of

Resource Management Act 1991 The Resource Management Act (RMA) passed in 1991 in New Zealand is a significant, and at times, controversial Act of Parliament. The RMA promotes the sustainable management of natural and physical resources such as land, air and water. New Zea ...

. Issues under the Act are adjudicated by the

Timeline

This timeline outlines the more significant environmental legislation in New Zealand: * 1903 - Scenery Preservation Act * 1962 -

Nature Conservation Council The Nature Conservation Council was a New Zealand government agency that existed from 1962 to 1990. It was set up largely in response to the increasing opposition to a hydro-electricity scheme that was being planned at that stage for Lake Manapo ...

set up under the Nature Conservation Council Act. * August 1970 -

New Zealand Cabinet The Cabinet of New Zealand ( mi, Te Rūnanga o te Kāwanatanga o AotearoaTranslated as: "The Rūnanga (literally 'Council') of the Government of New Zealand") is the New Zealand Government's body of senior Ministers in the New Zealand Governmen ...

established the

Environmental Council A biophysical environment is a biotic and abiotic surrounding of an organism or population, and consequently includes the factors that have an influence in their survival, development, and evolution. A biophysical environment can vary in scale f ...

* February 1972 - Cabinet established the position of

Minister of the Environment An environment minister (sometimes minister of the environment or secretary of the environment) is a cabinet position charged with protecting the natural environment and promoting wildlife conservation. The areas associated with the duties of an ...

* August 1972 - Government creates the

New Zealand Commission for the Environment __NOTOC__ The Parliamentary Commissioner for the Environment (''Te Kaitiaki Taiao a Te Whare Pāremata'' in Māori) is an independent Officer of the New Zealand Parliament appointed by the Governor-General on the recommendation of the House of R ...

* April 1973 - The

Clean Air Act 1972 The Clean Air Act was an Act of Parliament passed in New Zealand in 1972. It was repealed by the Resource Management Act 1991 The Resource Management Act (RMA) passed in 1991 in New Zealand is a significant, and at times, controversial Act ...

comes into force. * March 1974 - Environmental Protection and Enhancement Procedures (EP&EP) are instituted. * January 1987 -

comes into force. * April 1987 -

Conservation Act The Conservation Act 1987 is New Zealand's principal act concerning the conservation of indigenous biodiversity. The Act established the Department of Conservation (who administer the Act) and Fish and Game, and complements the National Park ...

comes into force. * October 1991 -

Resource Management Act The Resource Management Act (RMA) passed in 1991 in New Zealand is a significant, and at times, controversial Act of Parliament. The RMA promotes the sustainable management of natural and physical resources such as land, air and water. New Zea ...

comes into force. * June 1996 -

Hazardous Substances and New Organisms Act The Hazardous Substances and New Organisms Act (HSNO) is an Act of Parliament passed in New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North I ...

References

*Coutts, B. 1997 ''A Practical Guide to Resource Consents'' John McIndoe, Dunedin *Bosselman, K.; Grinlinton, D. 2002 ''Environmental Law for a Sustainable Society'' *Wells, N. E., (editor) 1984 ''A Guide to Environmental Law in New Zealand'',

External links

New Zealand Centre for Environmental Law
-

University of Auckland , mottoeng = By natural ability and hard work , established = 1883; years ago , endowment = NZD $293 million (31 December 2021) , budget = NZD $1.281 billion (31 December 2021) , chancellor = Cecilia Tarrant , vice_chancellor = Dawn F ...

New Zealand Journal of Environmental Law

History

Timeline

See also

References

Further reading

External links