Waste Management Law in New Zealand

Waste management in New Zealand traditionally has generated a great deal of policy but little legal discussion. In the legal realm, the issue continues to develop, administratively and legislatively, in a piecemeal fashion, maligned by any attempt to develop a holistic approach. This article comprehensively consolidates waste management law to date. It traverses the plethora of statutes, regulations, rules, bylaws, accords, strategies and guidance documents. It argues that waste, conceptually, is a flexible concept controlled by too many different organisations. It looks to the sources of environmental liability, finding a mismatch of jurisdictional issues. Is, for instance, a Litter Control Officer, Health Protection Officer, Hazardous Waste Officer, Regional Council Officer, District Council Officer or the neighbour(s) to prosecute for appalling waste management practices? Furthermore, the article considers the contaminated land liability of landfill on the polluter and the occupier. It proposes an adoption of international approaches to waste and contaminated land.