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When the Ship is Sinking …Everybody Bails

Trevor Daya-Winterbottom


This article provides a case study of the New Zealand experience in climate change mitigation. It examines New Zealand’s greenhouse gas emissions profile, and explores the policy response of the courts under the Resource Management Act 1991, the impact of statutory reforms on public participation, judicial review of emissions targets and local authority action, novel torts, and public policy and statutory attempts to get to zero carbon.

Trevor Daya-Winterbottom FRGS is an Associate Professor in Law at the University of Waikato, New Zealand, and is Deputy Chair of the IUCN Academy of Environmental Law. For correspondence: <>


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