Responding to Environmental Crimes
Responding to Environmental Crimes

Author: Mark Wright

Publisher: Springer Nature

Published: 2021-11-09

Total Pages: 246

ISBN-13: 3030892506

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This book provides a critical study of environmental regulation and its enforcement in New Zealand, situated within green criminology. It seeks to address the question of whether the offences in the Resource Management Act 1991 are 'working', by drawing on a range of sources including: central government data, local government policies and reports on enforcement, information requests of councils, studies of local authority enforcement behaviour and case law to. Through highly layered and richly textured analysis, the project exposes the problems that can arise when an expansive approach is taken to offences, penalties and institutional arrangements in an environmental regulatory statute. It emphasizes how discussions of harm and what should be unlawful will ensure that law-makers' enforcement tools will align with their goals for punishment. It examines higher-level issues such as ‘wrongfulness’ and ‘criminality’ in the environmental regulatory context and explores the relevance of its findings to jurisdictions outside of New Zealand. It also discusses the pros and cons of criminalisation and punishment versus restoration. It speaks to those interested in green criminology, regulatory compliance and enforcement, and applications of criminal law.

Water Allocation Law in New Zealand
Water Allocation Law in New Zealand

Author: Jagdeepkaur Singh-Ladhar

Publisher: Routledge

Published: 2020-05-17

Total Pages: 138

ISBN-13: 1000090701

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This book analyses water allocation law and policy in New Zealand and offers a comparative analysis with Australia. In New Zealand, it is generally accepted that water allocation law has failed to be adequately addressed and New Zealand is now faced with the problem of over-allocation in many catchments. In comparison, Australia has extensive experience in reforming its water law and policy over the last 20 years. This book provides a comparative and critical analysis of the lessons that New Zealand can learn from the Australian experience and offers guidance for the improvement of water allocation outcomes in New Zealand. Starting with the background of water allocation law and policy in New Zealand, the book traces the evolution of legal policies, including the 1967 Water and Soil Conservation Act and the 1991 Resource Management Act, and examines the role they have played in current water allocation issues. The book situates these findings within global challenges, such as the impact of climate change, and the global scarcity of and increasing demand for freshwater resources. This book will be of great interest to students and scholars researching water law and policy, natural resource management and environmental law more broadly. It will also be of use to policy makers and professionals involved in developing and implementing water allocation laws and policies.

Public International Law
Public International Law

Author: Alberto Costi

Publisher:

Published: 2020-03-30

Total Pages:

ISBN-13: 9781877511042

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Public International Law: A New Zealand Perspective is a major work for students of the public international law elective, practitioners and large firms with global practices. This book examines the events and cases that have affected New Zealand as a nation and as a Pacific island, and espouses the fundamental principles of international law from this perspective. New Zealand experience and interests with international law differ from the European- or US-centric studies for reasons of geographical and regional needs. This book looks at developing understanding of compliance with, rather than enforcement of, international law principles, with each chapter containing a case study and list of additional readings that can aid understanding of the topic covered. The author panel is overflowing with New Zealand international law experts, who have provided academically rigorous content relevant to New Zealand and the Pacific Rim.

Focus on Resource Management Law
Focus on Resource Management Law

Author: Ceri Warnock

Publisher:

Published: 2014-12

Total Pages: 339

ISBN-13: 9781927248744

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Most legal practitioners need some working knowledge of the Resource Management Act (RMA) and as a result RMA has become a major subject within Law Faculties. However, it is a complex and dense subject and students often struggle, particularly as most RMA courses are condensed into a single semester. FOCUS ON RESOURCE MANAGEMENT LAW provides a straightforward introduction to resource management law. It explains the main statutory provisions; includes summaries of the leading cases, suggestions for further reading and prepares students for exams by including practice exam questions and answers. Features: A ' new' type of student law textbook for New Zealand. The text is in simple language, with case summaries alongside the moment the case is mentioned allowing the user/student a better understanding of context and why the case has been mentioned.

Legal Rights for Rivers
Legal Rights for Rivers

Author: Erin O'Donnell

Publisher: Routledge

Published: 2018-10-17

Total Pages: 210

ISBN-13: 0429889607

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In 2017 four rivers in Aotearoa New Zealand, India, and Colombia were given the status of legal persons, and there was a recent attempt to extend these rights to the Colorado River in the USA. Understanding the implications of creating legal rights for rivers is an urgent challenge for both water resource management and environmental law. Giving rivers legal rights means the law can see rivers as legal persons, thus creating new legal rights which can then be enforced. When rivers are legally people, does that encourage collaboration and partnership between humans and rivers, or establish rivers as another competitor for scarce resources? To assess what it means to give rivers legal rights and legal personality, this book examines the form and function of environmental water managers (EWMs). These organisations have legal personality, and have been active in water resource management for over two decades. EWMs operate by acquiring water rights from irrigators in rivers where there is insufficient water to maintain ecological health. EWMs can compete with farmers for access to water, but they can also strengthen collaboration between traditionally divergent users of the aquatic environment, such as environmentalists, recreational fishers, hunters, farmers, and hydropower. This book explores how EWMs use the opportunities created by giving nature legal rights, such as the ability to participate in markets, enter contracts, hold property, and enforce those rights in court. However, examination of the EWMs unearths a crucial and unexpected paradox: giving legal rights to nature may increase its legal power, but in doing so it can weaken community support for protecting the environment in the first place. The book develops a new conceptual framework to identify the multiple constructions of the environment in law, and how these constructions can interact to generate these unexpected outcomes. It explores EWMs in the USA and Australia as examples, and assesses the implications of creating legal rights for rivers for water governance. Lessons from the EWMs, as well as early lessons from the new ‘river persons,’ show how to use the law to improve river protection and how to begin to mitigate the problems of the paradox.

Environmental Politics and Policy in Aotearoa New Zealand
Environmental Politics and Policy in Aotearoa New Zealand

Author: Maria Bargh

Publisher:

Published: 2022-04-07

Total Pages: 408

ISBN-13: 9781869409524

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Environmental Politics and Policy in Aotearoa New Zealand is a comprehensive introduction to confronting some of today's most urgent challenges.Global warming, threats to biodiversity, contamination of waterways and other environmental issues confront today's citizens with critical challenges that are fundamentally political. Power, authority and state action enable current practices - and through politics and policy that power can be harnessed to create a more ecologically sustainable planet. In this book, leading scholars from around Aotearoa introduce students to environmental politics and policy based in this country's unique institutional, cultural and resource context.The text focuses on the key importance of Te Tiriti o Waitangi, the characteristics of the natural environment in Aotearoa and the role of gender dynamics in the distribution of power, before turning to how this unique setting informs and is, in turn, informed by the global context of environmental politics. The authors take a systemic view of environmental politics and governance in New Zealand, addressing the philosophical and ideational debates about who and what matters (both human and non-human), the political institutions that embed and enact these ideas, and how these ideas then manifest in particular arenas - from climate and freshwater to energy and farming. Practical tips - how to make a submission, organise a protest, write a policy brief or a press release - are woven throughout.