Greenhouse Gas Emissions and the Resource Management Act 1991: A Critique

14 Pages Posted: 31 Aug 2015

See all articles by Guy Finny

Guy Finny

Victoria University of Wellington, Faculty of Law, Student/Alumni

Date Written: June 25, 2013

Abstract

There is debate around the role that the RMA should play in climate change mitigation. Some environmental groups argue that decision-makers under the RMA should be able to factor in the emissions that would result from an applicant’s proposed activity when deciding whether or not to grant resource consent. The question of whether the RMA currently permits this in the context of land-use consents is currently before the Supreme Court in West Coast Ent v Buller Coal.

This paper argues the RMA should not have a mitigation role in this context. Using law and economics concepts, it argues that the RMA would be an ineffective, costly and unfair mechanism for reducing greenhouse gas emissions and that the far better solution is working towards a truly comprehensive Emissions Trading Scheme.

Keywords: Climate Change, Resource Management, Emissions Trading

JEL Classification: K00, Q48

Suggested Citation

Finny, Guy, Greenhouse Gas Emissions and the Resource Management Act 1991: A Critique (June 25, 2013). Available at SSRN: https://ssrn.com/abstract=2650160 or http://dx.doi.org/10.2139/ssrn.2650160

Guy Finny (Contact Author)

Victoria University of Wellington, Faculty of Law, Student/Alumni ( email )

PO Box 600
Wellington, 6140
New Zealand

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