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dc.contributor.authorGiles, Hilkeen_NZ
dc.contributor.authorBarton, Barryen_NZ
dc.date.accessioned2021-09-28T03:12:32Z
dc.date.available2021-09-28T03:12:32Z
dc.date.issued2020en_NZ
dc.identifier.citationGiles, H., & Barton, B. (2020). Adaptive management under the RMA: the tension between finality and flexibility. New Zealand Journal of Environmental Law, 24, 1–33.en
dc.identifier.issn1174-1538en_NZ
dc.identifier.urihttps://hdl.handle.net/10289/14576
dc.description.abstractAdaptive management is commonly used to manage activities that require resource consents under the Resource Management Act 1991 (RMA) that have uncertain, complex and potentially significant environmental effects. This article examines the tension between the finality of decision-making under the RMA and the need for flexibility in adaptively managing the activity over the consent term. It explores the concept of adaptive management, the matters of general legal principle that it raises, and the approach to it taken in the courts. It offers generic insights that can be used to develop guidance for practitioners involved in the resource consent process, particularly for drafting environmental management plans. It concludes that the RMA provides legal mechanisms that accommodate all steps of the adaptive management process, but that, in practice, these mechanisms are not always used effectively. Consents often lack clear criteria and procedures for the modification of environmental management plans, for staged developments, and for step-back from activities that turn out to have unacceptable adverse effects. Furthermore, when adverse effects are potentially irreversible, so that the experimentation inherent in adaptive management is impossible, other management approaches are required. Notwithstanding these difficulties, adaptive management is a beneficial approach to complex projects that need ongoing adjustment and flexibility beyond the fixed requirements imposed in conventional resource consent conditions.en_NZ
dc.format.mimetypeapplication/pdf
dc.language.isoen
dc.publisherUniversity of Aucklanden_NZ
dc.rightsThis article is published in the New Zealand Journal of Environmental Law. © New Zealand Journal of Environmental Law. Used with permission.
dc.subjectenvironmental lawen_NZ
dc.subjectenvironmental management
dc.subjectadaptive management
dc.subjectfinality
dc.subjectflexibility
dc.titleAdaptive management under the RMA: the tension between finality and flexibilityen_NZ
dc.typeJournal Article
dc.relation.isPartOfNew Zealand Journal of Environmental Lawen_NZ
pubs.begin-page1
pubs.elements-id263037
pubs.end-page33
pubs.publication-statusPublisheden_NZ
pubs.volume24en_NZ


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