LAWENVIR 401 : Resource Management Law

Law

2020 Semester Two (1205) (20 POINTS)

Course Prescription

An introduction to the law relating to resource management and environmental regulation including: evolution of the sustainable management concept, consideration of national objectives, application of the Treaty of Waitangi, national standards, coastal policies, regional statements and plans, district plans, designations, heritage and conservation powers, resource consent procedures, and remedial powers and enforcement procedures.

Course Overview

Course Description
The course assesses the historic justification for planning and environmental regulation. It considers the development and objectives of sustainable management and its application in New Zealand. The systems for governance and implementation of the Resource Management Act 1991 (RMA) are covered. This aspect will involve consideration of the central and local government agencies responsible for policymaking, planning and decision-making under the RMA. National policy statements, national environmental standards, the New Zealand Coastal Policy Statement, regional policies and plans, and district plans prepared by central and local government will be examined, including the following specific issues:
• The international concept of sustainable development and the concept of sustainable management as implemented in the RMA;
• Resource management reform and New Zealand’s environmental institutions;
• Central and Regional government resource management policy formulation and implementation;
• Regional and Territorial government planning and decision-making processes;
• Resource consent applications and procedure, notification and assessment issues, and consent conditions;
• Protection of historic heritage, the coast, and outstanding landscapes;
• Issues relating to Māori, Treaty of Waitangi/Tiriti o Waitangi, participation and cultural heritage;
• Requirements and designations for public works and utility infrastructure;
• The application of the RMA to selected natural resource development;
• Practice and advocacy before consent authorities and the Environment Court;
• Enforcement options under the RMA; and
• Current RMA law reform initiatives.
  
Subject to availability, guest lectures will be provided on RMA practice-related aspects.

Content Outline
The Resource Management Act 1991 (RMA) is the main focus of the course which aims to introduce participants to the environmental and regulatory systems applying in New Zealand in respect to the use of land, air and water. It will address the philosophy and objectives underlying environmental and resource management law, and the legal mechanisms used in regulating activities and governance. The course will benefit persons likely to be involved in general legal practice, natural resource management, local government and property. It will provide knowledge and skills to understand the policymaking, planning and consent application processes before local authorities and the Environment Court.

Course Rationale
Planning, environmental and resource management regulation based on principles of sustainable management of human interactions with, and within, ecological systems is now an integral part of the New Zealand legal system. Persons with legal skills are necessary participants in the making and implementation of environmental and planning law and policy, principally delivered under the RMA in New Zealand. The giving of advice to landowners and developers, local authorities and community groups is a significant function for lawyers and other professionals. Lawyers and planners may present submissions on the content of planning instruments such as national policy statements, regional policy statements and plans, and district plans. Housing strategies, landscape protection, transportation and infrastructure, environmental remediation, aquaculture, heritage, mining and natural resource development, and Māori cultural issues are further areas of practice. Advice on alternative dispute resolution, and representation before council committees, consent authorities, and the Environment Court, are also important roles for lawyers and expert witnesses.

Course Requirements

Prerequisite: LAW 211 Restriction: LAW 349, 450, 457

Capabilities Developed in this Course

Capability 1: Disciplinary Knowledge and Practice
Capability 2: Critical Thinking
Capability 3: Solution Seeking
Capability 4: Communication and Engagement
Capability 5: Independence and Integrity
Capability 6: Social and Environmental Responsibilities
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Identify and evaluate the sustainable management ethos that underpins planning and natural resource management in New Zealand. (Capability 1.1, 1.2, 1.3, 4.1 and 6.3)
  2. Engage with and apply the key RMA processes, and related central and local government functions, in a competent manner. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 4.2 and 5.1)
  3. Identify, critique and apply the policy and regulatory matrix within which the RMA processes operate. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 5.1 and 6.1)
  4. Exhibit an understanding of the interrelationship between legislative measures, administrative measures and common law principles in the environmental and resource management context. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2 and 4.1)
  5. Articulate and apply key provisions of the RMA in various contexts, including in district/regional plan development and resource consent applications. (Capability 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 3.1, 3.2, 3.3, 4.1, 5.1 and 6.1)
  6. Demonstrate effective analytical and written communication skills. (Capability 2.1, 2.2, 2.3, 4.1 and 5.1)

Assessments

Assessment Type Percentage Classification
Quiz 5% Individual Coursework
2500 word assignment 25% Individual Coursework
Final Exam 70% Individual Examination
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6
Quiz
2500 word assignment
Final Exam

Learning Resources

Required reading - CANVAS Reading List
The course will rely on the LAWENVIR 401 Resource Management Law CANVAS reading list for the basic materials. In addition, the lecturer will issue guidelines and case lists for particular subject areas. Ideally, any cases (or extracts) that appear in the lists should be read prior to the relevant class. Class interaction and questions are encouraged.
Due to the size of the reading list, supplementary materials will be reduced to a minimum. Some materials (e.g. statutory provisions, latest cases) and PowerPoints may be placed on CANVAS. Regular attendance at the lectures is in the students’ best interests.
All lectures will be recorded. 

Texts, Materials and Sources of Information
Required = the Resource Management Act 1991 (latest reprint online www.legislation.govt.nz).

Recommended for reference in Davis Law Library:
• Klaus Bosselmann, David Grinlinton & Prue Taylor, Environmental Law for a Sustainable Society (2nd ed. NZCEL 2013) [$20 from student reception]
• Peter Salmon & David Grinlinton (Gen eds), Environmental Law in New Zealand (2nd ed, Thomson Reuters, 2018)
• Derek Nolan (ed), Environmental & Resource Management Law (6th ed, LexisNexis 2018) (or looseleaf/online ed)
• Ceri Warnock and Maree Baker-Galloway, Focus on Resource Management Law (LexisNexis, 2015)
• EDS (Raewyn Peart), The Community Guide to the RMA 1991 (see EDS website for latest RMA publications and guides: www.eds.org.nz
[See other library texts & databases, listed below under ‘Other Information’]

Workload Expectations

This is a standard 20-point course. There will be around 48 hours of lectures in this course. As a general guide, you should expect a workload of three hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 200 hours.

Other Information

Learning and teaching 
The course is taught through lectures, starting on Tuesday 28 July and ending on Thursday 29 October. Lectures are currently expected to be conducted ‘live’. Questions during lectures are encouraged. 
An indicative lecture schedule will be provided on CANVAS. The lectures will be on Tuesdays and Thursday between 3pm and 5pm, in Stone Lecture Theatre.
Office hours to be confirmed. Office hours provide an excellent opportunity to clarify areas of misunderstanding or ask lingering questions about the course content.

Teaching staff
Suzanne Janissen (Course Director) 
Office: TBC
Phone: 0274 889566
Email: sjan003@aucklanduni.ac.nz

Other library texts & databases containing general information relevant to the course (in Davis Law Library)

Websites:
• NZ Centre of Environmental Law (NZCEL) www.nzcel.auckland.ac.nz (cross references to local authority sites, and international agencies)
• University of Auckland library www.auckland.ac.nz – databases, law (eg Brookers NZ law database, LexisNexis NZ database)

 Other printed reports, journals, books:
• New Zealand Resource Management Appeals (NZRMA)
• Environmental Reports New Zealand (ERNZ)
• Resource Management Bulletin (BRMB), LexisNexis (Butterworths)
• Ken Palmer, Local Authorities Law in New Zealand (Brookers 2012) – chs 17, 18
• Planning Quarterly (NZPI)
• New Zealand Journal of Environmental Law (annual publication by NZCEL, Law School University of Auckland. Volumes 1-22 (1997-2018). Useful articles for research papers.
• Resource Management Theory & Practice (RMLA Journal, NZ)

Ministry for the Environment, Department of Conservation, Parliamentary Commissioner for the Environment - sundry reports (many on websites), including:
• McShane Report, Land Use Control under the RMA (1998)
• DoC, Historic Heritage Management Review (1999)
• DoC, NZ Biodiversity Strategy – Our Chance to Turn the Tide (2000)
• DoC, Conservation Action 2000 – Working with the Community (2000)
• MfE, Biodiversity and Private Land, Final report Advisory Committee (2000)
• MfE, Curbing the Sprawl: Urban Growth Management in US – lessons for NZ
• MfE, People+Places+Spaces - a design guide for Urban NZ (2002)
• PCE, Creating our Future - Sustainable Development in NZ (2002) - maximising human capital. Social, environmental and economic dimensions.
• MfE, Sustainable Development for NZ Programme of Action (Jan 2003)
• MfE, New Zealand Urban Design Protocol (2005)
• MfE, Waste Management in New Zealand – A Decade of Progress (2005)
• MfE, Effective Participation in Resource Consent Processes: A Guide for Tangata Whenua (2005)
• MfE, Urban Design Toolkit (2006)
• DoC, Review of the NZ Coastal Policy Statement - Issues and options (2006)
• MfE, Environment New Zealand 2007 (2007) (State of the Environment update)
• MfE, Fonterra, The Dairying and Clean Streams Accord - 2006/2007
• MfE, DBH, A beginners guide to resource and building consent processes under the RMA and Building Act 2004 (2008)
• MfE, Meeting the Challenges of Future Flooding in NZ (2008)
• MfE, You, Mediation and the Environment Court (Everyday guide to the RMA)
• MfE, Board of Inquiry Reports, call-in reports (on website www.mfe.govt.nz)
• DOC, New Zealand Coastal Policy Statement 2010 (on line)
• Technical Advisory Group (TAG) Report on RMA Principles (2012)
• NZ Govt, Improving our resource management system (MfE Feb 2013)
• NZ Govt, Resource Management Summary of Reform Proposals (MfE Aug 2013)
• MfE, A Guide to s 32 of the RMA (2014)
• MfE, Environmental stewardship for a prosperous New Zealand (2014) Hon Nick Smith, RMA reform agenda (Beehive.govt.nz 21 Jan 2015)

Other websites for research (reports, legislation, RMA plans, current events):
• Ministry for the Environment (MfE) www.mfe.govt.nz
• Department of Conservation (DoC) www.doc.govt.nz
• Parliamentary Commissioner for Environment (PCE) www.pce.govt.nz
• Environmental Protection Authority (EPA) www.epa.govt.nz
• Energy Efficiency & Conservation Authority (EECA) www.eeca.govt.nz
• Environment Court www.justice.govt.nz/environment/
• Quality Planning – RMA resource site www.qualityplanning.org.nz
• Resource Management Law Ass NZ. www.rmla.org.nz
• Environmental Defence Society www.eds.org.nz
• Local Government New Zealand www.lgnz.co.nz
• Forest and Bird Society www.forestandbird.org.nz
• NZ Planning Institute www.planning.org.nz
• NZ Ecological Society https://newzealandecology.org

Auckland governance reform:
• Royal Commission on Auckland governance www.royalcommission.govt.nz
• NZ Government Auckland governance www.auckland.govt.nz
• Auckland Council 2010 (unitary plan) www.aucklandcouncil.govt.nz/unitaryplan
• Auckland Transport (a CCO) www.at.govt.nz
• Watercare Ltd (water and waste water) www.watercare.co.nz
• Panuku Development Auckland (a CCO) www.panuku.co.nz
• Auckland Tourism, Events and
 Economic Development (ATEED) https://www.aucklandnz.com
• Independent Maori Statutory Board www.imsb.maori.nz

Digital Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website at http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page: https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter (https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html).

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 02/07/2020 11:34 a.m.