Reconceptualising the Role of the New Zealand Environment Court
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’) 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.
Publisher: Oxford University Press
Rights Statement: Copyright The Author 2014. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: firstname.lastname@example.org
Keywords: Environment court; sustainable management; 'king salmon' case; specialist environment courts; ECTs
Research Type: Journal Article