The legitimacy of regulation
Barton, B. (2003). The legitimacy of regulation. New Zealand Universities Law Review, 20(3), 364-401.
Permanent Research Commons link: http://hdl.handle.net/10289/6108
I wish to address the topic of property rights and environmental regulation, chiefly the land use regulation that takes place when a rule is made in a plan under the Resource Management Act 1991, the RMA. There has been a lot written on the topic, but mostly by advocates of property rights and critics of regulation. I wish to clear out some of the misconceptions and bring some balance to the debate. My proposition is that it is legal, constitutional, principled, and ethical to regulate the use of land, Land use regulation cannot be dismissed if we are to make progress on amenity, natural character, ecological integrity, biodiversity, and sustainability. Policymakers should remain undeterred by the possibility that RMA regulation will affect the rights of property owners. I will not argue that all land use planning and regulation is done well, nor will I say that they are the only way to solve environmental problems; indeed it would be impossible to agree with either suggestion. I will simply argue that planning and land use regulation have a proper place in the scheme of things.
This article has been published in the journal: New Zealand Universities Law Review. Used with permission.
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