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dc.contributor.authorHolm, M. C.
dc.date.accessioned2012-10-23T22:54:38Z
dc.date.available2012-10-23T22:54:38Z
dc.date.issued1975
dc.identifier.urihttps://hdl.handle.net/10182/4986
dc.description.abstractThe 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.en
dc.language.isoenen
dc.publisherLincoln College, University of Canterburyen
dc.rights.urihttps://researcharchive.lincoln.ac.nz/page/rights
dc.subjectenvironmental managementen
dc.subjectlocus standien
dc.subjectpublic rightsen
dc.subjectresource managementen
dc.titleAspects of the law relating to locus standi and environmental litigationen
dc.typeThesisen
thesis.degree.grantorUniversity of Canterburyen
thesis.degree.levelMastersen
thesis.degree.nameMaster of Scienceen
lu.contributor.unitDepartment of Environmental Managementen
dc.rights.accessRightsDigital thesis can be viewed by current staff and students of Lincoln University only. Print copy available for reading in Lincoln University Library. May be available through inter-library loan.en
dc.subject.anzsrc180111 Environmental and Natural Resources Lawen


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