The prosecution of environmental offences in New Zealand

Abstract

This paper will examine the background law regarding environmental offences under the Resource Management Act 1991 (NZ), prosecution trends, sentencing for RMA offences (including principles of sentencing, sentencing discretion, legislative guidance, appellate guidance, guideline judgments, and tariffs), the use of costs in conjunction with sentencing, recent appeal judgments, and finally draw conclusions regarding consistency and sentencing in relation to environmental offences. Where relevant comparisons will be made with the Australian jurisdictions.