Aspects of the law relating to locus standi and environmental litigation : Presented in partial fulfillment of the requirements for the Degree of Master of Science in the Joint Centre for Environmental Sciences University of Canterbury and Lincoln College

Abstract

The term locus standi denotes legal capacity to institute proceedings. Individuals or public-interest organisations who wish to bring a legal action relating to the protection or enhancement of the physical environment; or the exercise of discretionary powers by administrative agencies with statutory responsibilities for the management of natural resources or pollution control; are often prevented from instituting such proceedings through lack of the requisite locus standi or standing to sue. A frequently stated rationale for this legal concept is that by restricting legal actions to situations in which recognised 'private' rights are threatened or infringed, the courts and administrative agencies are protected from becoming inundated with litigation. In fact, it seems more realistic to regard the doctrine of locus standi as an important legal instrument in the non-recognition of public rights in resource management and environmental quality issues. As many of these issues involve 'public’ or 'community' interests rather than traditionally recognised private legal rights, they can seldom become a matter for effective legal actions.

The exclusion of concerned 'public interest' environmental litigants from the courts has become a subject of considerable debate in the United States. In New Zealand, the issue of locus standi has arisen in a number of court actions involving the Environmental Defence Society. The issue has also arisen in a number of cases concerning land-use planning and the allocation and quality-control of water. In such cases the legal requirement of standing has been used to exclude effective arguments on 'public interest' issues.

This paper makes a detailed examination of certain aspects of law relating to the operation of locus standi in relation to two important environmental statutes and the common law rules of judicial review of administrative action. In a final section a discussion of an innovative legal approach to the problem of locus standi the doctrine of the 'public trust' - is undertaken.