Differing Conceptions of Environmental Democracy in New Zealand Resource Management Law

Ceri Warnock “Differing Conceptions of Environmental Democracy in New Zealand Resource Management Law” (2016) 31 Australian Environment Review 253-258.

5 Pages Posted: 12 Dec 2018

See all articles by Ceri Warnock

Ceri Warnock

University of Otago - Faculty of Law

Date Written: 2016

Abstract

Present proposals for law reform in NZ would shift the balance towards greater ministerial decision-making in environmental management and are serving to highlight a tension in the law between competing manifestations of democracy. Principles developed in environmental law tend to promote public participation in decision-making through forms of “participatory” or “deliberative democracy”, whereas underlying common law doctrine can reinforce conceptions of “representative democracy” by isolating ministerial decision-making from public participation. This article explains and explores how divergent legal principles and doctrine can impact public participation and pull in different directions by considering the changes proposed by the Resource Legislation Amendment Bill 2016 (NZ). Fundamentally, this article concludes that this tension in the law is problematic and should be explicitly acknowledged and addressed within the present debate and any future debates concerning environmental decision-making.

Keywords: resource management law, environmental law, New Zealand

JEL Classification: K00, K10, K32

Suggested Citation

Warnock, Ceri, Differing Conceptions of Environmental Democracy in New Zealand Resource Management Law (2016). Ceri Warnock “Differing Conceptions of Environmental Democracy in New Zealand Resource Management Law” (2016) 31 Australian Environment Review 253-258. , Available at SSRN: https://ssrn.com/abstract=3261986

Ceri Warnock (Contact Author)

University of Otago - Faculty of Law ( email )

PO Box 56
Dunedin North
Dunedin, 9016
New Zealand

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