The Resource Management Act 1991: Public Environmental Law in Administrative Law "Drag"?

Abstract

This paper examines the pervasiveness of administrative law in public decision making under the Resource Management Act 1991 (RMA). The interest representation model of administrative law is adopted as the starting point. Close inspection of the Act reveals the adoption of this model as the framework for RMA public environmental law decision making. Harlow and Rawlings’ “red light, green light, amber light” function of administrative law framework is then applied. This reveals, within the interest representation model framework, a combination of “green light” facilitative and “red light” coercive administrative law controls acting upon RMA decision makers. Combining these controls together, the RMA is positioned as public environmental law dressed in “amber light” administrative law drag.