This book provides a critical study of environmental regulation and its enforcement in New Zealand, situated within green criminology. It seeks to address the question of whether the offences in the Resource Management Act 1991 are 'working', by drawing on a range of sources including: central government data, local government policies and reports on enforcement, information requests of councils, studies of local authority enforcement behaviour and case law to. Through highly layered and richly textured analysis, the project exposes the problems that can arise when an expansive approach is taken to offences, penalties and institutional arrangements in an environmental regulatory statute. It emphasizes how discussions of harm and what should be unlawful will ensure that law-makers' enforcement tools will align with their goals for punishment. It examines higher-level issues such as ‘wrongfulness’ and ‘criminality’ in the environmental regulatory context and explores the relevance of its findings to jurisdictions outside of New Zealand. It also discusses the pros and cons of criminalisation and punishment versus restoration. It speaks to those interested in green criminology, regulatory compliance and enforcement, and applications of criminal law.
Author(s): Mark Wright
Series: Palgrave Studies in Green Criminology
Publisher: Palgrave Macmillan
Year: 2021
Language: English
Pages: 253
City: Cham
Preface
Contents
List of Figures
Part I Setting the Scene
1 Introduction
Introducing the Case Study
The Case Study and Green Criminology
Outline of the Book
References
Part II Establishing the Framework for Assessment
2 The RMA’s Offences and Their Context
Regulation and the RMA
The RMA’s Offences, Penalties and Institutional Arrangements for Prosecuting
International Comparisons
References
3 Regulatory Enforcement and the Criminal Law
Regulatory Enforcement Theory
Reasons for Compliance and Non-compliance
Dealing with Non-compliance
Primary Rationale for Imposing Sanctions: Deterrence
Criminal Law Theory
Primary Rationale for Imposing Sanctions: Desert
When and How to Prosecute
Employment and Drafting of Offences
The Framework for Assessment
References
Part III The Case Study
4 Are the RMA’s Offences Effective?
Desert, Deterrence or Something Else?
Calculating Deterrence
Severity
Fines
Non-monetary and Alternative/Additional Sentences
Convictions and Informal Penalties
Certainty
Detection of Breaches
Formal Enforcement Action
(Successful) Prosecution
Conclusion
References
5 Explaining the Lack of Effectiveness: Constraints and Choices
Why Low Certainty?
Deprioritisation of Compliance, Monitoring and Enforcement
High Net Cost and Low Political Palatability of Prosecution
Impracticality of Public Participation
Why No More Than Moderate Severity?
Restrictions on Fine Levels
A Preference for “Compensatory” Sentences
No Benefit from Using Convictions and Imposing Informal Penalties
Conclusion
References
6 Are the RMA’s Offences Being Used Appropriately?
Choosing What Types of Cases to Prosecute
Resolving Cases in Court
Resolving Cases Out of Court
Conclusion
References
7 Explaining the Inappropriate Use: Form Versus Substance
Expansive Offences and Limited Defences
A Focus on Insurable, Compensatory Monetary Penalties
Sui Generis Institutional Arrangements for Prosecuting
Conclusion
References
Part IV Concluding
8 Lessons Learned
Lesson 1—Align the Form and Substance of Offences, Penalties and Institutional Arrangements for Prosecuting
Lesson 2—Understand the Criminal Law in Order to Collect Good Data
Lesson 3—The Criminal Law Struggles to Deter
Implications and Concluding Comments
References
Index
