| The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill - Resource Management Law Journal - April 2012 Robert Makgill, Kellie Dawson and Nicola de Wit evaluate the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill 2011 in the April Resource Management Journal. For a full copy of the article click the following link: Makgill, R., Dawson, K. and De Wit, N. 'The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill', Resource Management Journal, April 2012, at 1 The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill - Lawtalk - 17 February 2012 Robert Makgill and Alasdair Logan, partner at Ross Dowling Marquet Griffin, briefly summarise the New Zealand Law Society's submission on the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill. For a full copy of the article click the following link: Makgill, R. and Logan, A., 'The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill', Lawtalk, Issue 789, 17 February 2012 A Model for Integrated Coastal Management Legislation: A Principled Analysis of New Zealand's Resource Management Act 1991 - The International Journal of Marine and Coastal Law - 2012 Robert Makgill and Hamish Rennie set out the key components of Integrated Coastal Management (ICM) legislation and show how the Resource Management Act 1991 (RMA) implements ICM in New Zealand. For a full copy of the article click the following link: Makgill, R. and Rennie, H. 'A Model for Integrated Coastal Management Legislation: A Principled Analysis of New Zealand's Resource Management Act 1991', International Journal of Marine and Coastal Law (2012) Rena Compensation - NZ Lawyer - January 2012 Law of the sea expert Robert Makgill, and Business Lecturer Dr Jeremy Hayman, cover compensation issues faced by businesses and property owners who have incurred loss as a consequence of the Rena oil spill. For a full copy of the article click the following link: Makgill, R. and Hayman. J., ' Rena Compensation', January 2012 'Liability and limits for the Rena Pollution Incident' - NZ Lawyer - November 2011 Law of the sea experts Robert Makgill, Joanna Mossop and Karen Scott give their views on civil and criminal liability for oil pollution in New Zealand under the Maritime Transport Act 1994 and the Resource Management Act 1991. For a full copy of the article click the following link: Makgill, R., Mossop, J. and Scott, K., 'Liability and Limits for the Rena Pollution Incident', November 2011 'Advisory Opinion on Responsibility and Liability for International Seabed Mining (ITLOS Case No. 17)' - Environmental Policy and Law - 2011 On 1 February 2011, the Seabed Disputes Chamber ("the Chamber") delivered its first Advisory Opinion. The Opinion provides useful guidance to the international community concerned with the deep seabed. First and foremost, the Chamber accomplished its task to assist the ISA with independent and impartial judicial interpretation of the Convention and related instruments. States that intend to extract valuable resources now know that they must evaluate their legal codes, administrative capacity, and their judicial enforcement mechanisms to determine where they fall short of the standards that the Chamber has identified. For most states it will be necessary to introduce new laws to provide the requisite rules, regulations and procedures. Entities seeking sponsorship will likely wish to work with these governments to develop a workable regime. Other entities, such as those interested in scientific research, other economic uses, and protection of the ocean and seabed resources, will want to assist with this process to ensure that their interests are respected and that developing states are given assistance to develop appropriate laws and enforcement capacity. Finally, the limitations and gaps in the Convention's liability scheme have now been identified and await the international legal community's attention. For a full copy of the article click the following link: Anton, D., Makgill, R. and Payne, C. 'Advisory Opinion on Responsibility and Liability for International Seabed Mining (ITLOS Case No. 17)', 2011 'Public Property and Private Use Rights: Exclusive Occupation of the Coastal Marine Area' - New Zealand Centre for Environmental Law Monograph Series - Vol. 3 - 2011 In New Zealand individual rights to occupy the coastal marine area are conferred under the Resource Management Act 1991 ("RMA"). Coastal occupation is best understood as a private use right over public property. The conferral of private rights over property has lead some to define occupation as a property right. It is not an absolute property right. Such rights do not exist within contemporary legal systems. It does, however, display a number of characteristics that we would otherwise identify as belonging to the bundle of rights normally associated with private property. Any comparison of coastal occupation rights to private property needs to be tempered by recognition that the coastal marine area is vested in the Crown and may not be alienated under the Foreshore and Seabed Act 2004 ("FSA"). There is also a presumption under the RMA in favour of public access to the coastal marine area. The neoliberal approach to land based activities under the RMA is reversed in the coastal marine area, and private occupation is prohibited unless allowed by a plan or a resource consent. Furthermore, the extent to which resource consents are recognised as being either real or personal property is governed by the RMA. These statutory restrictions signal that occupation rights within the coastal marine area have a statutory origin. Nevertheless, when occupation rights are broken down into their component parts it is apparent that they include rights to exclude, possess, use and transfer. This entitles consent holders to take actions to protect those rights under property related headings such as trespass and non-derogation of entitlement. Coastal occupation rights are not, therefore, either purely statutory or property based rights. This raises the question, what kind of rights are they? This paper concludes they are something new, and might be best considered, at least from an academic standpoint, as a hybrid right that confers both statutory and property rights to a public resource. For a full copy of the article click the following link: Makgill, R., 'Public Property and Private Use Rights: Exclusive Occupation of the Coastal Marine Area in New Zealand', 2011 Marine and Coastal Area Act - Demystifying the Hype: 'Feeling Left out at Sea? Navigating No Ownership, Customary Rights and Resource Management' - New Zealand Law Society - August 2011 The principal intention of the paper is to describe and comment on the key components of the Marine Coastal Area Act 2011 ("MCAA") with regard to the commons, customary rights and decision making under the Resource Management Act 1991. During the process of the Marine and Coastal Area Bill through Parliament the author acted for Local Government New Zealand ("LGNZ"). The author advised on policy and legislative review, consultation with the Ministry of Justice and other Crown departments, and submissions to the Maori Affairs Select Committee. Our firm has also acted for local authorities in respect of a number of treaty settlements. Much of the work we have undertaken focuses on the implications of the MCAA, and other proposed settlement legislation, on issues of public interest and local government decision making. In this context the paper finishes by considering first the implications of the MCAA for other marine and coastal area users; secondly a hypothetical case study in which customary rights are implemented; and thirdly the potential influence the MCAA will have on local government decision-making and public participation under future settlement legislation. For a full copy of the article click on the following link: Makgill, R., 'Feeling Left out at Sea? Navigating No Ownership, Customary Rights and Resource Management', August 2011 'The Marine and Coastal Area Act 2011' - Resource Management Journal - April 2011 The passing of the Marine and Coastal Area (Takutai Moana) Act ("MCAA") by Parliament on 24 March 2011 establishes a new regime for recognition of customary rights and title over the foreshore and seabed. A Court of Appeal finding that the Maori Land Court had jurisdiction to determine claims of customary ownership of the foreshore and seabed in Ngati Apa v Attorney-General [2003] 3 NZLR 643 led to the previous Government's enactment of the Foreshore and Seabed Act 2004 ("FSA"). The FSA removed the ability of Maori to seek recognition of their customary or aboriginal title and vested beneficial ownership of the foreshore and seabed in the Crown, but allowed existing freehold title to remain. The perceived elimination of customary title under the FSA led to the creation of the Maori Party, and adverse reports by The Waitangi Tribunal (WAI 1071) and a United Nations Special Rapporteur (E/CN.4/2006/78/Add.3, 13 March 2006). Despite the criticism of the FSA it is worth noting that many of the provisions found under the MCAA are based on those found in the earlier enactment. This article provides some comparison of the MCAA with the FSA. The principal intention of the article, however, is to describe and comment on the key components of the new legislation, particularly those that effect decision making under the Resource Management Act 1991 ("RMA"). For a full copy of the article click on the following link: Makgill, R. and Rennie, H., 'The Marine and Coastal Area Act 2011', April 2011 'A New Start for Fresh Water: Allocation and Property Rights' - Lincoln Planning Review - February 2010 NSEL director, Robert Makgill had this article on water allocation and property rights published in the Lincoln Planning Review in February 2010. The article addresses fundamental policy and legal issues encountered in the course of his water practice concerning the management of a range of natural resources under the Resource Management Act 1991. For a full copy of the article click on the following link: Makgill, R., 'A New Start for Fresh Water: Allocation and Property Rights', 2010 Lincoln Planning Review 2(1): 5-10. |
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