An appraisal of environmental conflict management provisions in New Zealand's Resource Management Act 1991

Bibliographic Data

ID12582008
AuthorsRoy L Montgomery (0000-0001-9759-034X, Lincoln University, corresponding author), Jonathan A H Kidd (Lincoln University)
Year2004
Volume45
Issue1
Pages105-123
Publication date2004-03-26
Open AccessYes
TypeARTICLE
VenueAsia Pacific Viewpoint (JOURNAL)
Journal identifiersISSN: 1360-7456 • E-ISSN: 1467-8373
PublisherWiley (PUBLISHER • GB)
DOI10.1111/j.1467-8376.2004.00230.x
OpenAlexW2093151068
LanguageEN
References cited15

Since the 1970s a body of literature has developed internationally which can be termed loosely as ‘environmental conflict management’ (ECM) theory and practice. When New Zealand's disparate environmental management framework was reformed during the 1980s a ‘superstatute’ known as the Resource Management Act (RMA), passed in 1991, was the major outcome. During the RMA policy formulation process in the late 1980s, known as Resource Management Law Reform (RMLR), calls were made for better integration of mediation and other alternative dispute resolution (ADR) approaches into the statutory framework. The final wording of the RMA includes specific clauses on mediation and the option of ‘pre‐hearing meetings’, suggesting that ECM and environmental dispute resolution (EDR) approaches have become part of the new decision‐making framework in New Zealand. Given such provisions, and the fact that it is now more than ten years since the RMA was passed, an appraisal of ECM/EDR progress to date within this statute seems justified. It is argued that to date very little emphasis has been placed upon early EDR intervention. This lack of emphasis, it is concluded, is due primarily to low levels of awareness and inadequate training and despite limitations on its usefulness in certain resource conflict settings we suggest that there is scope for greater promotion and implementation of EDR approaches in the local government context

Alternative dispute resolution · Conflict management · Context (archaeology · Dispute resolution · Environmental law · Government (linguistics · Mediation · Political science · Promotion (chess · Public relations · Resource (disambiguation · Resource management (computing · Scope (computer science · Statute · Statutory law · Computer Science · Environmental and Social Impact Assessments · Environmental law and policy · History · Law · Public Administration · Risk Perception and Management

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