Implementing parliamentary intent : legal aspects of environmental administration

Abstract

New Zealand's legal structure of environmental administration is undergoing major reform. The study examines the distribution of political power among the Legislative, Executive and Judicial branches of government. The relevant issues are explored through a discussion of six identified functions of environmental administration. The functions are: policy creation, policy implementation and the exercise of discretionary power, the interpretation of policies, auditing and monitoring and advising, policy enforcement and conflict resolution, and the control of Executive power. Features of the legal structure of environmental administration are found to be both constitutionally unsound and lacking in purpose. Accordingly, several structural reforms are proposed, the major concept being the enactment of an over-riding policy. The policy would provide a direction for management and would also help to redress the imbalance in the distribution of political power.