Reconceptualising the Role of the New Zealand Environment Court

Ceri Warnock “Reconceptualising the Role of the New Zealand Environment Court” (2014) 26(3) Journal of Environmental Law 507- 518, DOI.org/10.1093/jel/equ030.

Posted: 11 Dec 2018

See all articles by Ceri Warnock

Ceri Warnock

University of Otago - Faculty of Law

Date Written: 2014

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 past 20 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.

Keywords: Environmental Law, Courts and Adjudication, New Zealand, Environmental Defence Society Incorporated v Marlborough

JEL Classification: K00, K32, K40

Suggested Citation

Warnock, Ceri, Reconceptualising the Role of the New Zealand Environment Court (2014). Ceri Warnock “Reconceptualising the Role of the New Zealand Environment Court” (2014) 26(3) Journal of Environmental Law 507- 518, DOI.org/10.1093/jel/equ030., Available at SSRN: https://ssrn.com/abstract=3287376

Ceri Warnock (Contact Author)

University of Otago - Faculty of Law ( email )

PO Box 56
Dunedin North
Dunedin, 9016
New Zealand

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