A Natural Flow - A History of Water Law in New Zealand
![handle is hein.journals/otago9 and id is 75 raw text is: A History of Water Law
A Natural Flow
- A History of Water Law in New Zealand
Nicola R Wheen*
I Introduction
Heralding the introduction to Parliament of the Resource Management Bill in
December 1989, the Ministry for the Environment proclaimed: a new era in
environmental management has begun.' The first and principal object of this
article is to show that, at least in so far as the management and allocation of
water is concerned, the Resource Management Act 1991 (RMA) represents more
of a natural progression than it marks the beginning of a new era.2 Looked at
through a wide-angle lens, taking in the whole history of water law in New
Zealand, the RMA seems a natural flow-on, an obvious product of a legal history
with few surprises. The history of water law here is, I believe, predictable. It
follows the expected patterns, considering how environmental law has tended
to progress, the growth of environmentalism and changes in environmental
thinking, and developments in local government. The RMA fits neatly at the
pinnacle, making many improvements, offering much potential, but in essence
sitting comfortably with its past.
The bulk of this article is dedicated to a description of the development of
New Zealand water law so as to illustrate its patterns, and prove its predictable
nature. Predictability does not, of course, mean there has been no change. There
have been some great leaps forward: some major structural and philosophical
changes have been made to New Zealand water law over time. These changes
should, however, be seen in context. Then they appear as natural and obvious
reflections of other changes - in law generally, in environmental management
generally, and in local government generally. More significant, perhaps, is my
conclusion that the greatest change was not made with the enactment of the
RMA 1991. Of course, the true impact of the RMA probably has yet to be
revealed.3 Discontent has been expressed in so far as its application thus far by
the Courts is concerned.4 It may yet turn out to mark a more significant
Lecturer in Law, University of Otago. I am indebted to my friend and colleague,
Nicola Peart, for her encouragement and advice. I would also like to thank Bruce
Harris and Sir Geoffrey Palmer for their efforts as co-supervisors on my LLM
thesis from which much of the research in this article is drawn.
[Accepted for publication August 19971
Ministry for the Environment, Introducing the Resource Management Bill (1989) at 1.
2 I emphasise that I am focusing on the management and allocation of water, espe-
cially inland water. The impact of the enactment of the RMA on the management
and allocation of land, air and coastal water was probably greater.
3 Since there have been few decisions of high authority, and since many local au-
thorities are still in the process of finalising their policy statements and plans.
4 See, for example, B Pardy, Planning for Serfdom: Resource Management and the
Rule of Law [1997] NZLJ 69, N R Wheen, The Resource Management Act 1991:
A Greener Law for Water? (forthcoming in [1997] 1 NZJEL) and G Palmer,
Environment: The International Challenge (1995).](ViewImageLocal?handle=hein.journals/otago9&div=8&collection=&method=preview&ext=.png&size=3)
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A Natural Flow - A History of Water Law in New Zealand
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