Implementing the Right to a Sustainable Environment in New Zealand

Abstract

On 10 April 2024, the New Zealand Parliament decided not to pass the New Zealand Bill of Rights (Right to Sustainable Environment) Amendment Bill 2023. The debate in the House of Representatives contained arguments both for and against introducing the right. One such argument posed a more politically viable means by which to include the right in domestic legislation: placing the right in legislation separate from the New Zealand Bill of Rights Act 1990. This article discusses the benefits of including a right to a sustainable environment in domestic legislation and compares the effects of incorporating the right into the Bill of Rights Act with those of enacting the right in separate legislation. It argues that including the right in the Bill of Rights Act would provide the most effective environmental protection. However, including the right in separate legislation could provide Parliament with greater flexibility to amend the right to a sustainable environment. This could make creating the right more appealing to Parliament despite providing weaker protection for the environment.