Trevor Daya-Winterbottom's research while affiliated with The University of Waikato and other places
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Publications (10)
The Antarctic Treaty 1959 has now been in place for 60 years and is regarded by informed commentators as one of the most successful multi-party international treaty systems. This paper provides an opportunity to look back and take stock of previous success, and more importantly, an opportunity to assess the future prospects of the treaty system. Ne...
This chapter poses the question whether, in the New Zealand and transnational contexts, sustainability is dead? It will explore and interrogate what the guiding ethic for New Zealand environmental law should be, using critical law as “engineering” and law as “transformative technology” perspectives. The chapter concludes that resilience, adaptation...
This is an extended and remarkable excursus into the evolving concept of environmental justice. This key book provides an overview of the major developments in the theory and practice of environmental justice and illustrates the direction of the evolution of rights of nature. The work exposes the diverse meanings and practical uses of the concept o...
Sustainable management of natural and physical resources is the overarching, statutory purpose of the RMA. The statutory purpose is supported by a series of subordinate and non-exhaustive principles that illustrate how sustainable management can be achieved. Relevant to freshwater management are the preservation of the natural character of lakes an...
This paper will examine the background law regarding environmental offences under the Resource Management Act 1991 (NZ), prosecution trends, sentencing for RMA offences (including principles of sentencing, sentencing discretion, legislative guidance, appellate guidance, guideline judgments, and tariffs), the use of costs in conjunction with sentenc...
Citations
... In other jurisdictions, water plans are a mere consideration (Finland: Soininen, 2014) and do not bind water permit decisions. In some cases, water planning and permitting regimes only apply to some parts of jurisdictions that are considered particularly water-stressed (Australia: Cosens, 2018) or where environmental problems are significant (New Zealand: Daya-Winterbottom, 2014). There is also great diversity in the scale at which water planning occurs, from the national level (Nepal: Hirji et al., 2018) to the state level (states of the western USA: Cosens, 2018), to the local watershed level (some areas of Australia, California, USA: Cosens, 2018;South Africa: Pejan et al., 2014). ...
... The concept was established in the United States in the early 1980s after civil protest at the racialised dumping of PCBs in Warren County, North Carolina and the disproportionate exposure of minorities and the poor to pollution (Bryant, 1995;Bullard, 1999;Maantay, 2002;Zimring, 2015). This focus on distributive justice, whilst still explored in different U.S. contexts (Goodling, 2019;Graddy-Lovelace, 2017), has extended into a global, empirically rich and plural research agenda (Martin, 2015;Schlosberg, 2004;Walker, 2009). This encompasses topics including the environmentalism of the poor and the petro-violence of oil frontiers (Peluso and Watts, 2001;Watts, 2015), 'slow violence' (Nixon, 2011) and structural injustices connected to polluted landscapes and 'sacrifice zones' (Lerner, 2010). ...