Volume 18, 2014

Azin Baghaki 

This article will look at environmental degradation, in particular the impacts of climate change and extreme poverty, and how these two issues are intrinsically connected. The focus will be on the devastating effects of environmental degradation on the poor, in particular the most vulnerable in developing countries. It will examine the goals of eradicating poverty and achieving sustainability and environmental protection, and whether they are able to be tackled together. It will then look at the frameworks and strategies currently in place, including the Millennium Development Goals, the Kyoto Protocol, and the currently evolving Sustainable Development Goals, and whether these frameworks have worked in resolving the issues of poverty and environmental degradation. It will be argued that the current direction is acceptable, although continued bold action needs to be taken to achieve the interconnected goals. It is also argued that future frameworks must include the following essential strategies: adaptation to the impacts of climate change, controlling and stabilising population numbers, and investing in sustainable economic development.

Joshua Pietras

Scientists are increasingly concerned about the harmful effects of Bisphenol A (BPA), a chemical found in many consumer products including baby bottles and plastic containers. As BPA mimics oestrogen — a naturally occurring hormone — young children and infants are thought to be particularly susceptible to its harmful effects. In response, various countries have adopted a range of measures, from voluntary reductions to outright bans of BPA in some products, mostly baby bottles and canned foods. But this ad hoc approach has created more uncertainty about BPA’s harmful effects. This article argues that placing the burden of proof on manufacturers to demonstrate the safety of products containing BPA is the best way to protect the public from toxic exposure. For this reason, New Zealand and the international community should adopt the precautionary principle and phase out all products containing BPA, especially those intended for use by young children. 

Zainab Al Sadooni

This article focuses on the implementation of sustainable development into policy documents and legislation in the European Union, the United Kingdom and New Zealand. It will argue that while both the European Union and the United Kingdom are taking positive steps to incorporate sustainable development in soft and hard law, this progress is hindered by weak duties, a lack of clear definition, and overall inconsistency due to a lack of horizontal integration. It will also explore the history of sustainable development in New Zealand and will show that while New Zealand has made some progress towards sustainable development, little progress has been made recently. It will recommend that New Zealand should first develop a national sustainable development strategy and will identify the key elements that are necessary to create the ideal strategy by learning from the European Union and the United Kingdom. The article will propose that in order to achieve effective progress towards sustainable development, New Zealand should develop a Sustainable Development Act. It will analyse the sustainable development legislation from Canada, Manitoba, Quebec, Belgium, Luxembourg, Zanzibar and Malta to identify the essential structure and characteristics that the proposed legislation ought to have.

Annie Cao

Climate change is described as the greatest threat facing humanity. This article canvasses the different approaches to renewable and non-renewable energy applications in New Zealand, California and Denmark. In New Zealand, the Supreme Court has ruled that the effect of greenhouse gases on climate change cannot be considered for discharge permit applications under the Resource Management Act 1991 (RMA). Likewise, global climate change is irrelevant in considering consent applications for ancillary activities of a coal mine. A comparative analysis reveals the shortfalls in New Zealand’s approach that takes power away from local authorities in preference for (an ineffective) national scheme to control greenhouse gases. This article argues that New Zealand is not doing its “fair share”. Instead, the country should strive for stronger emissions reduction targets that are supported by consistent policies across the energy sector and renewable-friendly planning laws. Until a global agreement is reached, climate change should be a relevant consideration for all energy applications, especially as New Zealand coal is planned for export to countries where climate change is unregulated. The promulgation of a new National Environmental Standard can provide guidance to local authorities on the role of climate change considerations under the RMA.

Michael Pickford 

An “overall broad judgment” approach is used under s 5 of the Resource Management Act 1991 (RMA) to determine whether a large development proposal would promote the sustainable management of natural and physical resources. Central to this approach is the assessment and weighing of various positive and negative effects expected to arise from the proposal. A review of several recent decisions indicates that this exercise fails to promote economic efficiency. Typically, the benefits of the proposal are balanced against the environmental and other external costs. In some cases at least, these costs are limited to those not able to be internalised to the developer through the conditions attached to the consent. This framework excludes both the costs of the resources used to build the development, and any environmental costs that are internalised, apparently on the grounds that they are a private matter for the applicant, and therefore not relevant to the RMA assessment. However, from an economic efficiency perspective, private costs are as relevant as any other effect. Their omission biases decisions in favour of acceptance, and against both the promotion of economic efficiency and the protection of the environment.