Professional Documents
Culture Documents
Marlene Oliver - Environmental Decision-Making & Environment Court of New Zealand
Marlene Oliver - Environmental Decision-Making & Environment Court of New Zealand
Marlene Oliver - Environmental Decision-Making & Environment Court of New Zealand
July 2010. Contact: marlene.oliver@xtra.co.nz
Environmental Decision‐Making
&
Environment Court of New Zealand
Ms Marlene Oliver
Environment Commissioner
Environment Court of New Zealand
ADB, Manila, July 2010
July 2010. Contact: marlene.oliver@xtra.co.nz
Decision‐making steps
Put simply, there are 3 steps in legal decision‐making:
fact/law/judgment
Environmental decision‐making, relates to the future and
to uncertainty, and includes an extra step involving more
value judgments than Courts are usually entrusted with:
1. fact‐finding
2. the applicable law
3. risk predictions: assessing the probabilities of (adverse)
effects/events and their consequences
4. overall assessment/judgment
July 2010. Contact: marlene.oliver@xtra.co.nz
Is Environmental decision‐making
different? Ans: Yes & No
Unlike other areas of judicial work, environmental
decision‐making is frequently required to look ahead
by seeking to make an informed assessment of what
will happen in the future
The Court’s role remains constant – to hear and
determine the issues at stake fairly and impartially.
Principled assessment according to the law is the
lodestar of judicial responsibility
July 2010. Contact: marlene.oliver@xtra.co.nz
New Zealand – World context
July 2010. Contact: marlene.oliver@xtra.co.nz
New Zealand ‐ economy
July 2010. Contact: marlene.oliver@xtra.co.nz
New Zealand Resource
Management Act 1991 (RMA)
Single, integrated resource management statute
relating to the use of land, water, air, energy and the
coastal environment .
Purpose is “ to promote the sustainable
management of natural and physical
resources.”
July 2010. Contact: marlene.oliver@xtra.co.nz
New Zealand Courts
Supreme Court
Court of Appeal
Maori
High Court Appellate
Court
Courts Martial
Employment Environment District Court Maori Land
Appeal Court
Tribunals & Authorities
July 2010. Contact: marlene.oliver@xtra.co.nz
Environment Court of New Zealand
History – planning appellate body for more than 50 years
1996 Specialist Court of Record ‐ circuit court
Principal Environment Judge, 7 Environment Judges,
13 Environment Commissioners (& pt‐time members)
Judges are also District Court Judges
Commissioners ‐ specialists in planning, sciences,
engineering, surveying, landscape architecture,
economics, Maori, etc
Court’s “business” is multidisciplinary
July 2010. Contact: marlene.oliver@xtra.co.nz
Active Case Management System
3 Case management tracks – standard, complex,
parties’ hold
Judicial Conferences
Expert witness conferences – Joint Witness
Statement (JWS): agreed facts, issues disputed and
reasons. Environment Commissioners conduct.
ADR (Alternative Dispute Resolution)/mediation
Hearings – inquiry, comparatively informal
July 2010. Contact: marlene.oliver@xtra.co.nz
Environment Court‐Annexed ADR
and Mediation
RMA empowers Court to arrange ADR and
mediation – by agreement
Environment Commissioners conduct
ADR/mediations
Practice Note – flexible procedures
Memorandum of Understanding (MOU)
Draft consent order lodged with the Court
July 2010. Contact: marlene.oliver@xtra.co.nz
July 2010. Contact: marlene.oliver@xtra.co.nz
Thank you. Kia ora.
July 2010. Contact: marlene.oliver@xtra.co.nz