Climate Change Adaptation in the Environment Court: Revisiting the 2010 Holt Case

23 Pages Posted: 8 Sep 2020

See all articles by Catherine J. Iorns Magallanes

Catherine J. Iorns Magallanes

Victoria University of Wellington - Faculty of Law

Date Written: 2019

Abstract

Common law precedents for some resource consent approvals in Aotearoa New Zealand are out of date due to the rapid increase in the science and understanding of the effects of climate change. This article considers one 2010 Environment Court case on a resource consent for building in the coastal area. It examines how the case would be decided if it arose today, with the benefit of the relevant law, policies and guidance now available to decision-makers. It suggests that the option taken by the Court in 2010, whereby the owners assumed the relevant inundation risks, would not be so available to a court today. This case is thus no longer good law.

Keywords: climate adaptation, resource management act, holt

JEL Classification: K32

Suggested Citation

Iorns, Catherine, Climate Change Adaptation in the Environment Court: Revisiting the 2010 Holt Case (2019). (2019) 50 VUWLR at 609, Victoria University of Wellington Legal Research Paper No. 66/2020, Available at SSRN: https://ssrn.com/abstract=3685513

Catherine Iorns (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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