Under the Resource Management Act 1991, the interpretation and implementation of environmental policy is primarily the responsibility of local government. The management of forestry operations may be influenced via two written means: statutory rules published in regional and district plans, and recommended best management practices (BMPs) published in guidelines. There are concerns that inconsistency between jurisdictions’ regulations have a negative impact on the forestry industry; both in terms of cost and achieving positive environmental outcomes. This research has investigated and quantified the variation in Permitted Activity rules and BMPs between the sixteen Regional Councils of New Zealand, with a focus on culvert installation and earthworks. This research quantified variation on both a national scale and between neighbouring councils. A peer review exercise was carried out to test the possible subjectivity of results, and found that an expert panel largely agreed with the results produced. It has been found that there is significant variation in these regional rules and BMPs. Variation in both the level of control, i.e., the number of rules and BMPs per council, and the nature of control, i.e., the proportion of rules or BMPs utilised, is considerable. Further, the rules and BMPs of one council are seldom the same as another. This variation is apparent on both a national scale and when considering only neighbouring pairs of councils. The findings on levels of variation between councils show that the variation is high, given that the parameters of this research excluded rules and BMPs which pertained to areas of special significance or value. As only ‘general’ rules and BMPs were examined, one would expect variation between councils to be low. The results, however, indicate that there is only limited agreement between Regional Councils. New Zealand’s resource management rules and policies regarding plantation forestry are currently under review. By highlighting the existing regional variation, this research may help to promote the need for a more consistent and effective approach to the regulation of forestry operations.

Little is known about the effectiveness of district plans in protecting built heritage, which is a matter of national importance under New Zealand's Resource Management Act 1991 (RMAct). This is despite the fact that the RMAct directs planning agencies to evaluate the effectiveness of plan provisions. This lack of evaluation is not unique to New Zealand or merely symptomatic of heritage planning. Instead, it is a shortcoming in planning theory and practice internationally; a well recognised impediment being that planning lacks a suitable evaluation approach. This thesis aims to address this deficiency by proposing a methodology for evaluating plan effectiveness and applying it to the built heritage provisions of two district plans. The methodology adopted has been shaped by the theory-based and realist evaluation approaches, as developed in the field of programme evaluation. Both approaches share a common ontology regarding claims of causality, which stresses 'knowledge in context'. Thus, a central endeavour of the research is not only to identify the environmental outcomes arising from plan implementation, but also to understand how and why the implementation context promoted or inhibited the achievement of plan goals. In so doing, the causal and implementation theories underpinning the plans' heritage provisions are exposed, modelled and tested. The findings reveal that plan implementation failed to prevent the loss of built heritage values in many instances. While the plans' causal theory was largely sound, key aspects of the implementation theory were not realised during the development control process. Plan quality was a significant factor, as was the commitment and capacity of developers to comply with the plans. The institutional fixation on consent processing speed rather than environmental outcomes was a further impediment. Overall, the theory-based approach provided a useful framework for determining plan effectiveness and holds promise for evaluating plan issues other than built heritage.

This thesis describes the sections in the Resource Management Act 1991 of particular relevance for nga Iwi Maori and assesses how well these facilitate involvement for Maori in the management of New Zealand�s resources. The method of assessment used is one of comparison between the schemes and philosophies of 1991 Act, and the active involvement of Maori in decision-making for their resources which is requires by Article ii of the Treaty of Waitangi (Te Tiriti o Waitangi). Part i describes the Maori world view of the environment and outlines the Treaty of Waitangi and its relevance to resource management law. Part ii describes the purpose and principles contained in sections 5, 6(e), 7(a), and 8 of the 1991 Act. Chapter Three provides an overview of the relationship between the purpose and principles. Chapter Four discusses the purpose in section 5 and proclaims that the inclusion of sustainability as a purpose in resource management legislation is advantageous in terms of the indirect furtherance of Maori conservation aspirations for the enviroment. It also describes how the cultural wellbeing of Maori has been interpreted to be an express part of the purpose of the Act. Chapter Five provides an analysis of section 6(e) which makes the relationship of Maori and their culture and traditions with their taonga a matter of national importance under the Act. Chapter Six describes section 7(a) and kaitiakitanga which must be given particular regard under the Act. Chapter Seven discusses section 8 and the content and meaning of the principles of the Treaty of Waitangi. Part ii concludes that while the facilitation of Maori involvement in the management and protection of natural and physical resources is improved under this Act, these sections are an insufficient safeguard for Maori interests. Part iii assesses the other sections in the Act which have a bearing on Maori involvement in resource management processes. Chapter Eight explores the planning system. Chapter Nine describes the resource consent processes in the 1991 Act. Chapter Ten comments on various procedural provisions which introduce tikanga Maori into the Act, and Chapter Eleven is devoted to exploring the sections in the Act which in the writer�s opinion provide the most potential for recognition of rangatiratanga in a limited form. This Part proclaims that the emphasis in the Act is very much on consultation with nga Iwi Maori as an effective means for their involement in resource management. It is submitted that this is not the active participation in decision-making that Maori seek and which is guaranteed under Article ii of the Treaty of Waitangi. Chapter Twelve acknowledges that involvement of nga Iwi Maori in processes under the 1991 Act will rely to some extent on the content of policy statements and plans produced by the local authorities. An analysis of the Proposed Otago Regional Policy Statement is undertaken to explore how the concerns of Kai Tahu have been incorporated into the statement. Chapter Thirteen ends by concluding that while the 1991 Act does provide for increased Maori involvement in resource management processes in New Zealand it does not facilitate the decision-making role guaranteed by Article ii of the Treaty of Waitangi.

Previous disaster management studies allude to the problems of coordination and the difficulties that may be associated with the implementation of recovery programmes in New Zealand. These studies have also indicated opportunities for improving the current recovery and reconstruction framework in advance of a major disaster. They have shown that much existing legislation were not drafted to cope with wide-scale devastations and were not developed to operate under the conditions that will inevitably prevail in the aftermath of a severe disaster. This thesis therefore explores improvements that could be made to legislative provisions so that they facilitate large-scale recovery management in New Zealand. Three legislative documents are in view: Civil Defence Emergency Management (CDEM) Act, Resource Management Act (RMA) and Building Act (BA). The research investigations involved qualitative research methodology using multi-methods to determine the practical implication of implementing current reconstruction arrangement under these legislative documents. The methods employed include: interviews, document analysis, focus group study, surveys, and the use of subject matter experts for research verification. Results show that the three legislative documents may become sources of vulnerability in post disaster reconstruction because of their influence on the timely achievement of recovery objectives. The impediments posed by these legislative documents are mainly in the form of procedural constraints; ambiguities in rights and responsibilities for recovery management; and deficiencies in the intents and purposes of the legislative documents. More general results show that pre-planning the management of disaster resources; and collaborative arrangements for response and recovery programmes are a pre-cursor to effective and efficient management of reconstruction in New Zealand. The research concludes by providing useful recommendations that are specific to the three legislative documents and other general recommendations. It is hoped the implementation of these recommendations could improve the robustness of the current reconstruction framework so that it is able to cater for the complex needs of rebuilding for resilience in New Zealand.

This thesis describes the sections in the Resource Management Act 1991 of particular relevance for nga Iwi Maori and assesses how well these facilitate involvement for Maori in the management of New Zealand�s resources. The method of assessment used is one of comparison between the schemes and philosophies of 1991 Act, and the active involvement of Maori in decision-making for their resources which is requires by Article ii of the Treaty of Waitangi (Te Tiriti o Waitangi). Part i describes the Maori world view of the environment and outlines the Treaty of Waitangi and its relevance to resource management law. Part ii describes the purpose and principles contained in sections 5, 6(e), 7(a), and 8 of the 1991 Act. Chapter Three provides an overview of the relationship between the purpose and principles. Chapter Four discusses the purpose in section 5 and proclaims that the inclusion of sustainability as a purpose in resource management legislation is advantageous in terms of the indirect furtherance of Maori conservation aspirations for the enviroment. It also describes how the cultural wellbeing of Maori has been interpreted to be an express part of the purpose of the Act. Chapter Five provides an analysis of section 6(e) which makes the relationship of Maori and their culture and traditions with their taonga a matter of national importance under the Act. Chapter Six describes section 7(a) and kaitiakitanga which must be given particular regard under the Act. Chapter Seven discusses section 8 and the content and meaning of the principles of the Treaty of Waitangi. Part ii concludes that while the facilitation of Maori involvement in the management and protection of natural and physical resources is improved under this Act, these sections are an insufficient safeguard for Maori interests. Part iii assesses the other sections in the Act which have a bearing on Maori involvement in resource management processes. Chapter Eight explores the planning system. Chapter Nine describes the resource consent processes in the 1991 Act. Chapter Ten comments on various procedural provisions which introduce tikanga Maori into the Act, and Chapter Eleven is devoted to exploring the sections in the Act which in the writer�s opinion provide the most potential for recognition of rangatiratanga in a limited form. This Part proclaims that the emphasis in the Act is very much on consultation with nga Iwi Maori as an effective means for their involement in resource management. It is submitted that this is not the active participation in decision-making that Maori seek and which is guaranteed under Article ii of the Treaty of Waitangi. Chapter Twelve acknowledges that involvement of nga Iwi Maori in processes under the 1991 Act will rely to some extent on the content of policy statements and plans produced by the local authorities. An analysis of the Proposed Otago Regional Policy Statement is undertaken to explore how the concerns of Kai Tahu have been incorporated into the statement. Chapter Thirteen ends by concluding that while the 1991 Act does provide for increased Maori involvement in resource management processes in New Zealand it does not facilitate the decision-making role guaranteed by Article ii of the Treaty of Waitangi.

This thesis argues that the management of environmental impacts has many analogies with the management of risk and practice can be improved by using ideas, concepts and principles found in the management of risk in other spheres of human activity. An overview of the challenges faced by environmental impact practitioners in New Zealand and reinforcement of its importance to the sustainable management of natural and physical resources under New Zealand's Resource Management Act is provided. Key risk management ideas, concepts and principles drawn from a variety of sources are listed and parallels drawn between these and existing environmental impact assessment practice in New Zealand. From this list a number are selected and opportunities for improving environmental impact assessment practice are explored. A number of opportunities are identified, starting with the need for a common language and methodology amongst practitioners. Categorisation of impacts to assist transparency of analysis and expression using frequency-consequence curves to aid and promote consistency of decision-making are further areas of opportunity. Risk management has several well-developed techniques for dealing with uncertainty and selection of assessment endpoints. The connection between communication of risk and public perception is an area with significant potential for communication about environmental impacts. Challenges with effective public participation in environmental decision-making are backgrounded and risk management practised in two high profile areas examined for opportunity for improved practice. Neither appears to offer opportunity for improvement in key decision-making areas. A relatively new indicator approach towards risk assessment called "healthy systems method" appears to have significant potential for cost-effective analysis of systems of various types and at various levels. This thesis identifies a number of other areas of risk management requiring further research to determine potential for achieving better practice in environmental impact assessment.

The Resource Management Act 1991 (RMA) gave councils a mandate and an obligation to promote sustainability. Along with this it also introduced an expectation that the environment will be better managed than previously. Evidence shows that the environment is continuing to be degraded. This is especially evident in the coastal environment where in the early 2000s there has been unprecedented development pressure. The addition of the Local Government Act in 2002 (LGA) has strengthened councils’ sustainability mandate by stipulating a sustainable development approach and supporting processes and principles. Because the RMA and LGA have a similar sustainability directive there has been a push to utilise the compatible strengths that the LGA offers to enhance the outcomes achieved through RMA decisions, therefore, integrating and aligning the LGA and RMA. This research used case studies, including interviews, to examine how councils use their RMA and LGA mandates in coastal development decisions. The research found that currently there is little integration of the LGA’s requirements and sustainability direction in RMA coastal subdivision decisions. The case study analysis showed that using the principles and processes in the LGA and also a council’s policies, strategies, and plans other than RMA documents would provide up to date policy direction and contextual information that would be useful for RMA decisions and could provide a more sustainable outcome if used. The case studies identified a significant number of barriers to achieving sustainability through the RMA, including that much of the policy direction in RMA planning documents is not considered in deliberations. A number of these barriers are also likely to reduce attempts to integrate and align the LGA and RMA, unless they are addressed.

Since the 1970s there has been a growing interest in, and utilisation of, Alternative Dispute Resolution (ADR) techniques to resolve environmental conflicts in western societies. ADR was incorporated into one of New Zealand's main environmental statutes, the Resource Management Act 1991(RMA). Under s.268 of the RMA the Environment Court (the Court) may, if the parties agree, conduct mediation in order to facilitate settlement of resource management disputes. The RMA, which has now been in operation for ten years, gives no guidance as to the way in which mediation is to be conducted. The Court has developed procedures and processes for administering and conducting mediation. This study critically evaluates the practice of Court assisted mediation of environmental disputes under the RMA. A literature review and interviews with stakeholder groups are used in this evaluation. The study shows that mediation generates benefits for the Court and participants. It also identifies limitations with the current mediation procedures and processes. These may impact the effectiveness of participants in mediation, their satisfaction with, and support for, the mediated settlement and with the environmental outcomes. The study recommends a series of guidelines be prepared on the functions and administrative procedures of the Court and on the mediation process promoted by the Court. Further research is also recommended. It is considered that these recommendations, if implemented, will enhance the process for participants, ensure more equitable and consistent environmental outcomes, in terms of present and future generations, and retain public confidence in the mediation process.

The late 1960s witnessed an unprecedented interest in the environment. One of the intellectual characteristics of this period was the rise of ecocentrism, a form of ecological reasoning that challenged the domination of anthropocentric environmental thinking and practice. The thesis briefly reviews the evolution of ecological forms of reason, and then poses two questions. The first question asks: "What is ecological reason and how does the literature conceptualise it?" This leads to a theoretical analysis of the forms of ecological reason discernable in the literature, and results in a 'matrix of ecological reason'. The three primary forms of ecological reason are described as 'Technocentric Ecology', 'Discursive Ecology' and 'Eco-social Ecology'. They differ in respect to different dimensions of ecological reason, the forms of communication employed (drawing here on Habermas), and the level of commitment to anthropocentrism or ecocentrism. This 'matrix' highlights the contested nature of ecological reason in the literature, and demonstrates that there is, yet, no clear agreement on what it means, or should mean. The second question examines the ecological rationality of environmental practice. The 'matrix' is employed in three case studies of environmental decisions that take place under the New Zealand Resource Management Act (RMA), and investigates the forms of ecological reason expressed in these decision processes. The results of this analysis show that Eco-social Ecology barely registers in these case studies, while the other two forms of ecological reason. Technocentric Ecology and Discursive Ecology are both highly visible in the rationality of the RMA, but with two important qualifiers. First, although there is a commitment to Discursive Ecology on the part of many professionals, there is also much concern that this form of reason undermines quality environmental decisions. Thus, there is significant ambiguity as to the role of the community (an important dimension of Discursive Ecology). This leads to the second qualifier. There is an uneasy relationship between these two forms of reason, at both the theoretical and practice level. This tension underpins the competing visions of the RMA as a scientifically driven process and as a community process. This thesis argues that this tension does not provide for a secure marriage of these two visions.

Since the 1970s there has been a growing interest in, and utilisation of, Alternative Dispute Resolution (ADR) techniques to resolve environmental conflicts in western societies. ADR was incorporated into one of New Zealand's main environmental statutes, the Resource Management Act 1991(RMA). Under s.268 of the RMA the Environment Court (the Court) may, if the parties agree, conduct mediation in order to facilitate settlement of resource management disputes. The RMA, which has now been in operation for ten years, gives no guidance as to the way in which mediation is to be conducted. The Court has developed procedures and processes for administering and conducting mediation. This study critically evaluates the practice of Court assisted mediation of environmental disputes under the RMA. A literature review and interviews with stakeholder groups are used in this evaluation. The study shows that mediation generates benefits for the Court and participants. It also identifies limitations with the current mediation procedures and processes. These may impact the effectiveness of participants in mediation, their satisfaction with, and support for, the mediated settlement and with the environmental outcomes. The study recommends a series of guidelines be prepared on the functions and administrative procedures of the Court and on the mediation process promoted by the Court. Further research is also recommended. It is considered that these recommendations, if implemented, will enhance the process for participants, ensure more equitable and consistent environmental outcomes, in terms of present and future generations, and retain public confidence in the mediation process.