Reconceptualising the Role of the New Zealand Environment Court
Warnock, Ceri
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Cite this item:
Warnock, C. (2014). Reconceptualising the Role of the New Zealand Environment Court. Journal of Environmental Law, 26(3), 507–518. doi:10.1093/jel/equ030
Permanent link to OUR Archive version:
http://hdl.handle.net/10523/6843
Abstract:
What does the specialised nature of an environment court entitle it to do? The recent decision of the New Zealand Supreme Court in Environmental Defence Society Incorporated v Marlborough District Council (‘the King Salmon case’)[2014] NZSC 38 helps to answer this question. For the last twenty years, the New Zealand Environment Court has decided applications within a framework of the broadly defined statutory purpose of sustainable resource management. The King Salmon case narrows this wide discretion. This article analyses the implications of the decision, suggesting that it helps to delineate between functions of specialist environment courts that may be considered appropriate (adjudicative and legislative fact finding) and decision-making that strays too far into the policy-sphere.
Date:
2014
Publisher:
Oxford University Press
Pages:
507-518
ISSN:
09528873
Rights Statement:
Copyright The Author 2014. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com
Keywords:
Environment court; sustainable management; 'king salmon' case; specialist environment courts; ECTs
Research Type:
Journal Article
Languages:
English
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