"Off With Her Head!": Planning in Wonderland with the RMA, Local Democracy and the Rule of Law

Abstract

The Environment Court has unusually extensive powers when hearing appeals in respect of local plan and policy documents promulgated under the Resource Management Act 1991. However, there has, at least in published literature, been little discussion about the appropriateness or otherwise of the Environment Court’s jurisdiction. This paper considers the relationship between the Environment Court and local government in light of New Zealand’s constitutional values. The paper focuses exclusively on the Environment Court’s role in respect of the planning and policy-making functions of local authorities. It argues that the Court’s ability to step into the shoes of local authorities and make substantive planning and policy decisions itself is not in keeping with New Zealand’s constitutional values, and that these sorts of matters should be determined by democratically elected local bodies through participatory processes.