Environmental mediation in a statutory context : a comparison between New Zealand and Germany

Abstract

This paper examines already existing and possible statutory environmental mediation in New Zealand and Germany. It argues that the mediation process codified in the New Zealand Resource Management Act 1991 provides incentives for a German draft of a mediation provision. The examination of the German legal system on the other hand outlines suggestions to amend New Zealand's environmental mediation provisions in order to fulfil constitutional requirements. It is found that the current provisions in New Zealand are not consistent with basic legal principles. The paper states that including forms of alternative dispute resolution into public resource management procedures enhances flexibility and broadens the possibility for consensual decision. Giving these private processes a constitutional frame ensures democracy. Public policy making remains under state control.