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Kia ora mai tatou – our New Zealand greeting

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.

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Kia ora mai tatou – our New Zealand greeting

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  1. Kia oramaitatou – our New Zealand greeting July 2010. Contact: marlene.oliver@xtra.co.nz

  2. 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

  3. 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: • fact-finding • the applicable law • risk predictions: assessing the probabilities of (adverse) effects/events and their consequences • overall assessment/judgment July 2010. Contact: marlene.oliver@xtra.co.nz

  4. 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

  5. New Zealand – World context July 2010. Contact: marlene.oliver@xtra.co.nz

  6. New Zealand - economy July 2010. Contact: marlene.oliver@xtra.co.nz

  7. 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

  8. New Zealand Courts Supreme Court Court of Appeal High Court Maori Appellate Court Employment Environment District Court Maori Land Courts Martial Appeal Court Tribunals & Authorities July 2010. Contact: marlene.oliver@xtra.co.nz

  9. 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

  10. 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

  11. 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

  12. July 2010. Contact: marlene.oliver@xtra.co.nz

  13. Thank you. Kia ora. July 2010. Contact: marlene.oliver@xtra.co.nz

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