marlene oliver - environmental decision-making & environment court of new zealand
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Asian Judges Symposium on Environmental Decision Making, the Rule of Law, and Environmental JusticeAsian Development Bank Headquarters, Manila, Philippines; 28-29 July 2010http://www.adb.org/documents/events/2010/asian-judges-symposium/default.aspTRANSCRIPT
Environmental Decision‐Making&
Environment Court of New Zealand
Ms Marlene OliverEnvironment Commissioner
Environment Court of New ZealandADB, Manila, July 2010
July 2010. Contact: [email protected]
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/judgmentJuly 2010. Contact: [email protected]
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: [email protected]
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: [email protected]
New Zealand Courts
High Court
District Court
Supreme Court
Maori Land
Maori Appellate Court
EnvironmentEmployment
Tribunals & Authorities
Courts Martial Appeal Court
Court of Appeal
July 2010. Contact: [email protected]
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: [email protected]
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: [email protected]
Environment Court‐Annexed ADR and Mediation
RMA empowers Court to arrange ADR and mediation – by agreement
Environment Commissioners conduct ADR/mediations
Practice Note – flexible proceduresMemorandum of Understanding (MOU) Draft consent order lodged with the Court
July 2010. Contact: [email protected]
July 2010. Contact: [email protected]
