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Responding to Environmental Crimes

Part of the Palgrave Studies in Green Criminology Book Series

DOI: 10.1007/978-3-030-89250-0

ISBN: 978-3-030-89249-4

Publisher: Springer International Publishing - Springer Journals

Nov 10, 2021

Available

Introduction

Wright, Mark

Pages: 3 –19

[New Zealand is often said to be “clean and green”, but scratch beneath the surface and all is not quite so rosy. Like all countries, New Zealand suffers from environmental harm, and one way it attempts to deal with such harm is via the Resource Management Act 1991 (RMA). This Act sets out a...
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The RMA’s Offences and Their Context

Wright, Mark

Pages: 23 –42

[The Resource Management Act 1991 (RMA) is an environmental regulation statute, but what is meant by the term “regulation”? And why is the environment regulated? These questions are answered in this chapter, with the RMA found to regulate in a (primarily) command and control manner, the commands...
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Regulatory Enforcement and the Criminal Law

Wright, Mark

Pages: 43 –76

[The offences in the Resource Management Act 1991 (RMA) are a regulatory enforcement mechanism, being one way in which local authorities can respond to breaches of the Act. But they also rely on the criminal law for determining whether a breach has occurred and what penalty, if any, should be...
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Are the RMA’s Offences Effective?

Wright, Mark

Pages: 79 –112

[This chapter addresses the first criterion against which the offences in the Resource Management Act 1991 (RMA) are assessed, namely whether they are effective. However, such a criterion immediately begs the question: why are those who breach the RMA being prosecuted and penalised? This chapter...
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Explaining the Lack of Effectiveness: Constraints and Choices

Wright, Mark

Pages: 113 –147

[If deterrence is the primary rationale for the offences in the Resource Management Act 1991, why is the severity of the penalties no more than moderate and why is the certainty they will be imposed low? This chapter considers these questions from the perspective of the three parties that can...
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Are the RMA’s Offences Being Used Appropriately?

Wright, Mark

Pages: 149 –184

[This chapter addresses the second criterion against which the offences in the Resource Management Act 1991 are assessed, namely whether they are being used, from a criminal law perspective, appropriately. It begins by labelling the approach that local authorities take to the offences, as...
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Explaining the Inappropriate Use: Form Versus Substance

Wright, Mark

Pages: 185 –215

[Although local authorities have been able to use the offences in the Resource Management Act 1991 (RMA) in an inappropriate manner, due to a lack of oversight or accountability, this does not explain why the councils themselves consider it acceptable to use the offences in this way. This is the...
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Lessons Learned

Wright, Mark

Pages: 219 –232

[This chapter concludes the book by discussing the lessons learned from the case study. First, the case study shows the importance of aligning the substance of any offences, penalties and institutional arrangements for prosecuting with their criminal form. Second, it shows that collecting good...

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