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Grinlinton, Professor David --- "Foreword" [2022] NZJlEnvLaw 1; (2022) 22 NZJEL v

New Zealand Journal of Environmental Law

Foreword [2022] NZJlEnvLaw 1 (31 December 2022); (2022) 22 NZJEL v

Last Updated: 14 May 2024

FOREWORD

The year 2022 has seen the world slowly emerging from the Covid-19 pandemic, although there are still concerns about renewed spread and possible re-emergence of new strains of the virus. The resulting increase in travel and trade, and a higher tempo of resource development and construction activity, both in New Zealand and internationally, will place cumulative strains on the environment and ecological sustainability. Recent extreme weather events, both overseas and in New Zealand, have also led to calls for increased urgency in addressing climate change. In November 2022 the Natural and Built Environment Bill and the Strategic Planning Bill had their first readings, and at the time of writing are with the Environment Select Committee. Its report is due on 6 June 2023, and the Government has stated its intent to enact the measures prior to the announced general election in October. This seems very ambitious given the number of detailed, and in many cases negative, submissions received on the measures.

Some of the articles in this issue deal with environmental and resource management reform, while others cover a rich diversity of environmental and resource management topics. For the first time the NZJEL (in cooperation with the Resource Management Law Association) includes the annual RMLA Salmon Lecture. Dr Royden Somerville’s lecture delivered in 2022 provides interesting and far-reaching reflections on the resource management system and how our governance structures, legal system and improved constitutional arrangements may better address the environmental challenges we face over the coming decades. On a similar theme, Janet Whiteside examines the shortcomings of the resource management system and the potential opportunities under the proposed Natural and Built Environment Bill. Kate Leyland examines the relationship between national planning direction under the RMA, and political influences and objectives. Turning to the common law, Feroze Brailsford examines the role of tort law in providing relief and attributing liability for climate-induced harm. A number of articles discuss different legal mechanisms to impose higher- level environmental obligations. Mark Howard explores the idea of “eco- constitutionalism” as a way of achieving greater ecological integrity in the context of biodiversity and other environmental challenges. Spencer Barley examines various human rights-based approaches to addressing environmental challenges. Hamish MacMillan also explores a human rights-based approach to intergenerational environmental responsibilities, arguing that a Universal Declaration of Human Responsibilities should be developed to supplement the Universal Declaration of Human Rights. Martin Kment and Katharina Bader contribute an interesting comparative analysis of “rights of nature” in New Zealand and possible application of the concept in Germany. Finally, in

vi New Zealand Journal of Environmental Law

the longer articles, Anna Jenkin makes the case for an international crime of “ecocide”.

This issue also contains a number of shorter pieces, including a review of soil conservation regulation developments in New Zealand by Dr Victor Meyer; a detailed note by Renate Vosloo, Franca Buelow, John Page and Ann Brower on the Canterbury Regional Council v Dewhirst Land Company litigation ([2018] NZDC 5412, [2018] NZHC 3338 and culminating in [2019] NZCA

486) which concerned “braided rivers”; and a comment by Amy Whetu, James Whetu, Dr Kate Bromfield and Kiri Crossland on best practice in resource use in the context of energy production from gas hydrates naturally occurring beneath the seafloor. This article also discusses the importance of engaging Māori at all levels of allocation, development and management of such natural resources.

As always, we are very grateful for the contributions by the authors for such a rich and diverse collection of topics. The support and contributions of the Editorial Committee and the Editorial Advisory Panel are also gratefully acknowledged, as are the essential contributions of numerous referees whose input ensures the high quality of the articles published herein. On the production side, the professional editing skills of Mike Wagg and the production of the electronic copy layout by Amy Tansell of Words Alive are critical in producing a high-quality journal, both in hard copy and electronic formats, and their efforts are acknowledged, as is the support of the professional staff of the Auckland Law School. Finally, the contributions of our New Zealand Centre for Environmental Law community placement interns, Maria Aickin and Malina Grube, are also gratefully acknowledged.

Professor David Grinlinton

General Editor Law School,

The University of Auckland February 2023