Environment court playing key role
With the bait-spread of pesticides in the Brook Sanctuary, concern about sub-standard quality of many NZ rivers, and the controversial Waimea Dam proposal, environmental issues are in the forefront of our news.
You may be curious about the scope of the Environmental Court and its decision making process.
The Environment Court is part of the Ministry of Justice, with its origins dating back to 1926 when the need for standards to govern Town Planning was first recognised. In 1953, appeal boards were set up so people could contest the decisions made.
These appeals grew so numerous and complex, appeal boards were replaced by Planning Tribunals under the Town and Country Planning Act of 1977.
Over time, it became obvious environmental issues involved much more than how best to plan a settlement.
In 1991 the Resource Management Act (RMA) came into effect, and in 1996, the Planning Tribunals were replaced by the Environment Court.
This court has three main functions. First, as an appeal court, hearing appeals. Most of these appeals are made against local body decisions. Second, the court deals with resource consents: mainly applications from local bodies. And third, it enforces compliance with the RMA and several other pieces of legislation.
The Environment Court has registries in Auckland, Wellington and Christchurch, but judges travel to other parts of the country to hold sessions as required.
At present, there is one Principal Environment Judge and eight Environment Judges who all have extensive experience in resource and environmental management, as well as knowledge of the Treaty of Waitangi.
Judges are appointed by the Governor-General on advice from the Attorney-General, the Solicitor-General, and the Chief Justice. They are assisted by 10 Environment Commissioners and four Deputy Commissioners.
People lodging an appeal in the Environment Court are not required to have a lawyer present or acting for them, although of course it is advised they do so. The cost of lodging an appeal is around $500.
Detailed information about cases with high public interest which are currently before the court is regularly published online. (www.environmentcourt.govt.nz/ cases-online).
Environment Court decisions may be searched at www.environmentcourt.govt.nz/ decisions-publications. The RMA itself is explained clearly in a series of information brochures prepared by the Ministry for the Environment (www.mfe.govt.nz/ rma).
In essence, the aim of the RMA is to protect our environment from air, soil, water, and ecosystem threats.
Remember, you can have input and be part of the Environment Court’s decision making process if you wish, because those decisions will affect us all to a greater or lesser degree.
If you have queries on this or any other topic, our well-trained volunteers at CAB Nelson Tasman can help with research and provide you with a variety of options. Our service is free and confidential.