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1 N.Z. J. Envtl. L. 165 (1997)
The Resource Management Act 1991: A Greener Law for Water

handle is hein.journals/nzjel1 and id is 171 raw text is: 165 The Resource Management Act 1991: A Greener Law for Water?' Nicola R Wheen* This article explores the impact of the enactment of the Resource Management Act 1991 on the allocation of New Zealand's natural waters. The specific issue is whether the Act has the potential to make, and has in fact made, New Zealand's water law greener The focus is on whether the introduction of sustainable management (as defined in s 5 of the 1991 Act) has brought about greener decision-making than occurred under the 1967 Act's beneficial use test. It is asserted that the practice of balancing interests has continued, although in a more confined sense, under the 1991 Act, and that this is environmentally flawed. Possible solutions are briefly addressed. 1: INTRODUCTION This article poses a simple but important question: has the Resource Management Act 1991 brought a greener emphasis to decision-making concerning the allocation of natural water in New Zealand?2 In general, the mechanisms for water allocation under the 1991 Act mirror those in BA Otago, LLB (Hons) Otago, LLM Otago. Lecturer in Law, University of Otago. I am grateful to two of my colleagues, Nicola Peart and James Allan, for their comments on this paper. 1 By green I mean a leaning towards the conservation or protection of nature. I do not intend to make any distinction as to whether the aim is to conserve or protect instrumental, intrinsic or ecological values in nature. 2 The Act set out to ... restate and reform the law relating to the use of... water, and

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