RM Theory & Practice Vol 11 (2015)


Resource Management Theory & Practice Vol 11 (2015) focuses on big ideas, global to the national.

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The aim of Resource Management Theory & Practice is to provide a vehicle for in-depth analysis of resource management issues relevant to the New Zealand and Australian scene.

Resource Management Theory & Practice Vol 11 (2015) focuses on big ideas, global to the national.

Jacinta Ruru

For 10 years now the Resource Management Theory & Practice has sought to provide a vehicle for in-depth analysis of resource management issues relevant to the Aotearoa New Zealand scene. Publication of the journal also reflects the world-leading writing on resource management law, originally presented as keynote and plenary session papers at the Resource Management Law Association of New Zealand annual conferences. One man has been the driving force for creating this journal and for subsequently ensuring its success: Trevor Daya-Winterbottom. For 10 years Trevor has lead the editorial team in bringing together exemplary journal issues often presented holistically as themed collections. Trevor has now retired as General Editor for the Resource Management Law Association (RMLA). It is opportune that I take this moment, on behalf of the RMLA, to heartily thank Trevor for his vision for establishing this highly regarded journal. The depth and breadth of 10 years’ scholarship published in this journal is a testament to Trevor’s vision. The impressive International Advisory Board is evidence of Trevor’s natural reach around the globe. We now seek to build on the legacy that Trevor, now known as our founding editor, has created.

With its revamped cover and new guidelines for article submissions, this journal issue is loosely focused on Aotearoa New Zealand’s constitutional arrangements for environmental management under the Resource Management Act 1991 (RMA).

The standard opening article is the year’s past annual Salmon Lecture. The RMLA Auckland Branch in 2002 established this annual lecture series named in the honour of the inaugural RMLA President, Hon Peter Salmon QC. The Salmon Lecture 2014 was presented by the Parliamentary Commissioner for the Environment, Dr Jan Wright. She argues here that the RMA “does not encourage prioritisation”, and she identifies four resource management theory & practice 2015 priority areas for future action, namely, conservation, landscape, energy, and water quality. While the later three areas coincide with the Government’s emphasis in the RMA reform process for strengthening national policy guidance, addressing conservation priorities will require a wider holistic approach to the body of New Zealand environmental statute law.

Hon Justice Brian Preston, who is the Chief Judge of the Land and Environment Court of New South Wales, Australia, makes a significant contribution to this journal in his article that explores the critical role the judiciary plays in interpreting, applying, upholding and enforcing laws relating to protected areas. Preston J’s article considers both Australian and New Zealand legislation and court decisions, creating a very timely comparative examination.

The next three articles are from the distinguished international keynotes who spoke at the highly successful 2014 RMLA Annual Conference in Dunedin. The theme of that conference was “Through the Looking Glass” with the byline “If you don’t know where you are going, any road will get you there”. The conference focused on how the introduction in 1991 of the Resource Management Act fundamentally changed how we manage the environment. Professor Elizabeth Fisher from the University of Oxford argues in her article that the RMA, as a framework statute, should be interpreted in the same way as a constitutional problem. Professor JB Ruhl, from the United States, argues in his article that conservation science and conservation law are joined at the hip or more specifically: conservation law creates demand for conservation science. Professor Nicholas Robinson, also from the United States, provides in his article a fascinating insight into the role of law in shaping words such as sustainability – “Our legal systems adapt scientific words into terms of legal art”.

The next two articles represent the work of our RMLA post -graduate scholarship winners: Horiana Irwin-Easthope, who was a LLM student at the University of Harvard, and Rachael Harris, who was a LLM student at the University of Canterbury. Irwin-Easthope’s article puts forward a cogent and powerful argument that the regulatory regime governing New Zealand’s exclusive economic zone and continental shelf area does not comply with the principles of the Treaty of Waitangi, and in practice “represents a step backwards” for Maori. This paper was supervised by Professor Richard Lazarus from the Harvard Law School, who has represented governmental and non-governmental entities in 40 environmental law cases before the United States Supreme Court. Harris’ article provides an in-depth consideration of the legal process for creating the new co-governance arrangement legislated for in what was the Te Urewera National Park, now simply an area that has its own legal personality. Since the completion of this article, legislation has now been enacted: Te Urewera Act 2014.

It is an honour to have all seven of these scholars publishing in this journal issue. The ideas presented are ones that we need to closely consider. They touch on matters of instrumental importance for understanding the role and power of law in our environment, here in Aotearoa New Zealand and globally too. On behalf of the Editorial Board, I thank these contributors and you our readers for supporting the flourishing of resource management theory and practice.

Resource Management Theory & Practice : Contents : Volume 11 2015

Salmon Lecture 2014

The Environment – What Matters Most?

Dr Jan Wright


Protected Areas in the Courts: An Overview

The Hon. Justice Brian J Preston SC

Towards Environmental Constitutionalism: A Different Vision of the Resource Management Act 1991?

Elizabeth Fisher

Buzzwords or Breakthroughs – Evaluating the New Language of Natural Resources Conservation

J.B. Ruhl

Re-conceptualizing Sustainability: The Anthropocene Agenda

Nicholas A. Robinson

New Zealand’s EEZ Environmental Regulatory Regime – A Step Backwards for Iwi Māori Engagement and Authority in Environmental Regulation

Horiana Irwin-Easthope

A legal identity for Te Urewera: The changing face of co-governance in the central North Island

Rachael Harris

Book reviews

Editor in Chief:
Professor Jacinta Ruru

Editorial Board:
Professor Bruce Clarkson
Maree Baker-Galloway
Dr Ben France-Hudson
Wayne Gumley
Associate Professor Caroline Miller
Dr Royden Somerville QC

Founding Editor:
Trevor Daya-Winterbottom

International Advisory Panel:
• Professor Jamie Benedickson, University of Ottawa, Canada;
• Emeritus Professor Ben Boer, University of Sydney, Australia;
• Dr Simone Borg, University of Malta;
• Professor An Cliquet, University of Ghent, Belgium;
• Professor Willemien du Plessis, North West University, South Africa;
• Adjunct Professor Rob Fowler, University of South Australia;
• Professor Alexander Gillespie, University of Waikato, New Zealand;
• Professor Lee Godden, University of Melbourne, Australia;
• Emeritus Professor Malcolm Grant, University College London, UK;
• Associate Professor Irene Lye Lin Heng, National University  of Singapore;
• Professor David Hodas, Widener University, Maryland, USA;
• Professor Michael Kidd, University of KwaZulu-Natal, South  Africa;
• Professor Timo Koivurova, University of Lapland, Finland;
• Professor Louis Kotze, North West University, South Africa;
• Professor Yves Le Bouthillier, University of Ottawa, Canada;
• Associate Professor Nicola Lugaresi, University of Trento, Italy;
• Professor Richard Macrory, University College London, UK;
• Professor Frank Maes, University of Ghent, Belgium;
• Dr Jose Juan Gonzales Marquez, Universidad Autonoma Metropolitana, Mexico;
• Professor Albert Mumma, University of Nairobi;
• Professor Nilufer Oral, Instanbul Bilgi University, Turkey;
• Professor Melissa Powers, Lewis & Clark Law School, Oregon, USA;
• Professor Benjamin Richardson, University of Tasmania, Australia;
• Associate Professor Svitlana Romanko, Prykarpatsky National University, Ukraine;
• Associate Professor Christina Voigt, University of Oslo, Norway