Chapter 4
Past, Present, and Future
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Abstract
This chapter provides a comprehensive account of the legal character of the specialist Environment Court of New Zealand. It explains the origins of the Court and addresses in detail its current powers and functions, including the processes that it employs to foster access to environmental justice. The New Zealand Government is currently proposing significant reforms to resource management law. The chapter provides an overview of the proposed changes and explains how they are likely to alter the functions of the Court. Some proposals are likely to increase access to the Court, but the Government has also proposed reducing the Court’s role in resolving disputes concerning the content of local resource management plans. Whilst it is unusual in other jurisdictions for courts to play a role in crafting plans and policy instruments, this function has been a feature of the New Zealand Environment Court and its predecessors for almost a century, and the current proposals risk diminishing access to justice in the New Zealand context. The chapter critiques the current proposals and concludes by speculating how the Court might adapt to address future legal and environmental challenges, so remaining relevant in a changing world.