Kia ora mai tatou – our New Zealand greeting
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Kia ora mai tatou – our New Zealand greeting. Environmental Decision-Making & Environment Court of New Zealand. Ms Marlene Oliver Environment Commissioner Environment Court of New Zealand ADB, Manila, July 2010. Decision-making steps. - PowerPoint PPT Presentation
Transcript of Kia ora mai tatou – our New Zealand greeting
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 stepsPut 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-finding2. the applicable law3. risk predictions: assessing the probabilities of (adverse)
effects/events and their consequences4. overall assessment/judgment
July 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 ZealandHistory – planning appellate body for more than 50 years1996 Specialist Court of Record - circuit courtPrincipal Environment Judge, 7 Environment Judges,
13 Environment Commissioners (& pt-time members)Judges are also District Court JudgesCommissioners - specialists in planning, sciences,
engineering, surveying, landscape architecture, economics, Maori, etc
Court’s “business” is multidisciplinary
July 2010. Contact: [email protected]
Active Case Management System3 Case management tracks – standard, complex,
parties’ holdJudicial ConferencesExpert witness conferences – Joint Witness
Statement (JWS): agreed facts, issues disputed and reasons. Environment Commissioners conduct.
ADR (Alternative Dispute Resolution)/mediationHearings – 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]
