Evolving practice - The environment court of New Zealand

Abstract

Practice before the Environment Court is evolving. Recent innovations have included enhanced support for Judges through the appointment of case managers and hearings managers, digital recording of evidence, provision for Commissioner only hearings, the introduction of case management, increased use of alternative dispute resolution, and the introduction of a code of conduct for expert witnesses. Discussions about the circumstances in which evidence may be taken as read continue, and the recent debate on the review of the Resource Management Act 1991 ("RMA") posed difficult questions about judicial deference to Local Authority decisions. Most recently the first judgment of the Supreme Court on the RMA has posed serious questions about the independence of expert witness in certain situations. How these issues are resolved will have an impact on the role of expert witnesses before the Environment Court. They will be examined against the background of the reforms enacted by Parliament in the Resource Management Amendment Act 2005 ("RMAA 2005").