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John MacDonald: Taking away the Environment Court is a bad idea

Author
John MacDonald,
Publish Date
Mon, 10 Mar 2025, 1:14pm
Photo / Andrew Warner
Photo / Andrew Warner

John MacDonald: Taking away the Environment Court is a bad idea

Author
John MacDonald,
Publish Date
Mon, 10 Mar 2025, 1:14pm

I don鈥檛 like this idea of dangling bigger carrots in front of people who own land that the government or your local council might want for big infrastructure projects.  

But I'm more concerned about denying people who object access to the Environment Court. Instead of the court, if someone isn鈥檛 happy about compulsory sale of their land, they鈥檒l have to complain to the Land Information Minister or their local council 鈥 depending on who it is that wants their land.  

And we know who鈥檚 going to win that argument every time, don鈥檛 we?   

鈥淒ear Minister, I want to hold on to my land. Yours, so-and-so.鈥  

鈥淒ear so-and-so. Tough. You鈥檝e got no choice.鈥  

Or "Dear council, I want to hold on to my land. Yours, so-and-so.鈥  

鈥淒ear so-and-so. Tough. You鈥檝e got no choice.鈥  

The changes are being promoted as a cost-saving exercise and a way of getting big infrastructure projects happening sooner. The Government wants these changes so that big projects don鈥檛 get bogged down.   

And the way it鈥檚 going to do that is by paying people more money to get their land if it鈥檚 needed for a big infrastructure project.   

That鈥檚 if they agree up front. Because, if a landowner agrees upfront and doesn鈥檛 challenge it then there will, of course, be less expense involved.   

The Government wants these changes to get cracking on its roads of national significance and its other fast-track projects.   

It's all to do with the Public Works Act. Which is the legislation that means if your house is sitting somewhere where the Government or your local council wants to build something like a new motorway, they can knock on your door and tell you that they鈥檙e buying your house.  

It鈥檚 a compulsory acquisition of a property that isn't on the market but is needed for public works.  

At the moment, if people don鈥檛 want to sell, they can go to the Environment Court. But the Government wants to do-away with that and I don鈥檛 agree with that at all. 

I suspect that if you鈥檙e not affected, this sounds like a great idea. But if it鈥檚 your land that the Government or your local council wants to get its hands on, you might feel a bit differently.  

I don't even need to be in the position of owning land the Government wants to take off me to know that taking away the right to go to the Environment Court is a bad idea.  

Tell that to Land Information Minister Chris Penk, though. He says: "Public infrastructure projects up and down the country are often held up for years by overly complex, drawn-out processes for purchasing the land needed."  

He goes on to say: 鈥淭his has meant that projects which would provide massive benefits for communities end up stalled, with the only action happening in courtrooms.鈥  

Pretty much every time you talk to someone who is anti-the environment court, they start going on about snails on the West Coast.  

You鈥檒l remember this one: about 20 years ago, Solid Energy wanted to build a mine where there were these giant snails and Forest & Bird went to the Environment Court trying to stop it.   

What seems to have got lost over time is that the Environment Court agreed with Forest & Bird but didn鈥檛 have authority to intervene. It was then that Forest & Bird went to the High Court. Which led to Solid Energy paying for 6,000 of these snails to be relocated from the Stockton Plateau, so it could access $400 million worth of coal.  

People who think the Environment Court is a handbrake on progress often refer to that case, and see it as good reason for getting the Environment Court out of the picture.  

But I don鈥檛 see it that way. The Environment Court is a backstop. A backstop people should not be denied access to if they don't want to sell their land to the government or their local council.   

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