Environmental Defence Society

The Environmental Defence Society (EDS) is a New Zealand not-for-profit environmental organisation whose work combines environmental law, science, planning, policy research, public advocacy, and capacity building. Established in 1971 by law students and scientists, the Society was created to bring these disciplines together in support of stronger environmental outcomes. Its work has generally focused on New Zealand’s resource-management framework, particularly the Resource Management Act 1991 and related planning, consenting, conservation, freshwater, coastal, marine, mining, and biodiversity issues. EDS has traditionally pursued its objectives through participation in environmentally significant legal and administrative proceedings. Its earlier work included cases and campaigns concerning Huntly water rights, liquefied petroleum gas terminals, the proposed Aramoana aluminium smelter, the Clyde High Dam, several Think Big development projects, and a proposed resort at Karikari in the Far North. These activities established the Society as a specialist environmental organisation willing to use litigation and formal planning processes to test the environmental consequences of major infrastructure and development proposals. During the 1980s, EDS became increasingly involved in mining questions. It contributed to efforts that encouraged changes to New Zealand law intended to improve public participation and give greater weight to the environmental effects of mining. The Coromandel Peninsula was a particular focus. The Society was involved in opposition to a proposed large open-cast mine at Otama Beach, a proposal that did not proceed. Water protection has also been a long-running area of activity. EDS worked with other organisations to support the creation and use of water conservation orders after opposition to a series of proposed dams on the Mōtū River. It assisted the Queen Elizabeth II National Trust in obtaining the first national water conservation order for the wild and scenic river and subsequently supported comparable protection for the Ahuriri and Rakaia Rivers. In 2002, EDS challenged resource consents for the Otahuhu C gas-fired power station in Auckland, placing the climate implications of carbon dioxide emissions before the Environment Court. The Society argued that the station’s projected annual emissions, estimated in the case at approximately 1.2 million tonnes of carbon dioxide, should be treated as an adverse environmental effect and that consent conditions should require full carbon offsetting through new forest planting. The court accepted the scientific basis for anthropogenic climate change and found that the emissions would constitute an adverse effect of some consequence, but declined to impose the proposed offsetting condition because of concerns about its efficacy, appropriateness, and reasonableness. In more recent work, EDS has expanded beyond litigation into research, policy analysis, seminars, conferences, and practical support for communities, individuals, councils, and other organisations. Its publications have addressed resource-management reform, freshwater, coastal development, landscape protection, biodiversity, marine mammals, fisheries, ocean governance, and the Hauraki Gulf. The Society has also developed a significant oceans programme examining marine-mammal protection, marine protected areas, and marine spatial planning. Its approach includes constructive engagement with government, business, local authorities, and civil-society groups while retaining an advocacy role on environmental policy and law.

The Environmental Defence Society was established in New Zealand in 1971 by a group of law students and scientists. Its founding concept was interdisciplinary: environmental problems were understood to require the combined use of scientific knowledge, legal analysis, and planning expertise. From the beginning, EDS operated as a public-interest environmental organisation rather than as a commercial brand, using advocacy, legal proceedings, and public engagement to influence decisions affecting natural resources and the built environment. The Society’s early legal and advocacy work included involvement in the Huntly water-rights case, litigation associated with liquefied petroleum gas terminals, the proposed Aramoana smelter, the Clyde High Dam, several Think Big projects, and a proposed resort development at Karikari in the Far North. These cases helped establish EDS’s role in scrutinising large industrial, energy, infrastructure, and tourism proposals through New Zealand’s planning and environmental law processes. In the 1980s, mining became a major focus. EDS supported improvements to the legal framework governing mining so that the public could participate more effectively and environmental effects could receive greater consideration. Its work in the Coromandel Peninsula included opposition to a proposed large-scale open-cast mine at Otama Beach, which ultimately did not proceed. The Society’s mining-related involvement reflected its broader interest in ensuring that resource development was assessed through transparent and environmentally rigorous procedures. Freshwater protection formed another important strand of EDS’s history. Following opposition to a series of proposed dams on the Mōtu River, the Society worked with other groups to support the creation and use of water conservation orders. EDS assisted the Queen Elizabeth II National Trust in securing the first national water conservation order for the Mōtu, protecting its wild and scenic qualities. It later supported similar orders for the Ahuriri and Rakaia Rivers in the South Island. EDS’s involvement in climate-related law became particularly visible in 2002, when it appealed resource consents for the Otahuhu C gas-fired power station. The case examined whether the station’s projected carbon dioxide emissions could be considered in the consent process and whether a condition requiring complete carbon offsetting through new forest planting should be imposed. The Environment Court accepted the scientific consensus that human activity contributes to climate change and found that the proposed emissions would be an adverse effect of some consequence. It nevertheless rejected the proposed offsetting condition because the court considered its efficacy, appropriateness, and reasonableness insufficiently established. Over time, EDS broadened its work from case-based advocacy to research, policy development, public education, and institutional capacity building. It began supporting individuals, community organisations, and councils, while producing guides and analyses on the Resource Management Act, freshwater management, coastal development, landscape protection, biodiversity, marine mammals, fisheries, and ocean governance. Its publications have also examined the Hauraki Gulf and the relationship between marine ecosystems and public decision-making. The Society’s contemporary programme includes a major focus on oceans. This work examines policy and legal frameworks for marine-mammal protection, marine protected areas, and marine spatial planning. EDS describes its research and policy approach as one that seeks constructive partnerships with business, central and local government, and civil society. Its continuing identity is therefore that of a New Zealand environmental law and policy organisation combining advocacy with research, public participation, professional education, and practical support for better environmental governance.

• 2019

  Resource-management reform publication

  [1]Environmental Defence Societyen.wikipedia.org

  EDS published Greg Severinsen’s Reform of the Resource Management System: A Model for the Future.

• 2002

  Otahuhu C climate-effects case

  [1]Environmental Defence Societyen.wikipedia.org

  EDS challenged resource consents for the Otahuhu C gas-fired power station, placing its projected carbon dioxide emissions and proposed forest-offset condition before the Environment Court.

• 1980

  Expanded involvement in mining issues

  [1]Environmental Defence Societyen.wikipedia.org

  During the 1980s, EDS became substantially involved in mining cases and advocated legal changes to improve public participation and consideration of environmental effects.

• 1971

  Environmental Defence Society established

  [1]Environmental Defence Societyen.wikipedia.org

  A group of law students and scientists founded EDS to unite legal, scientific, and planning expertise in support of environmental protection.

A specialist, evidence-led New Zealand environmental organisation that connects law, science, planning, policy research, and public participation to improve environmental decision-making.

• Research and advocacy

  Environmental law and policy research

  EDS produces research and policy analysis on New Zealand’s environmental governance system. Its subject areas include resource-management reform, freshwater, coastal development, landscape protection, biodiversity, marine mammals, fisheries, and ocean governance. These publications are intended to inform communities, public authorities, practitioners, and policy debates rather than serve as commercial products.

• Education and capacity building

  Community and decision-maker guides

  The Society publishes practical guides explaining environmental law, planning, and resource-management processes. Examples include guides concerning the Resource Management Act, coastal development, landscape protection, freshwater, marine management, and indigenous habitats and species. Their purpose is to improve the ability of communities and other participants to engage with environmental decisions.

• Marine policy

  Oceans programme

  EDS’s oceans work examines ways to strengthen New Zealand’s marine governance. Areas identified by the Society include marine-mammal protection, marine protected areas, and marine spatial planning. The programme combines research, policy development, public discussion, and engagement with government and other stakeholders.

• 2019

  Expanded research and policy focusStrategy

  Background

  EDS developed a broader role beyond litigation as environmental governance issues increasingly required research, public education, and institutional collaboration.

  Action taken

  The Society increased its support for communities, individuals, and councils and expanded its programme of research, policy analysis, seminars, and conferences.

  Aftermath

  EDS positioned itself as a multidisciplinary environmental policy organisation as well as a participant in legal and planning proceedings.

  Source

• 2002

  Challenge to Otahuhu C resource consentsOther

  Background

  EDS argued that the proposed gas-fired power station’s projected carbon dioxide emissions were relevant adverse effects under the environmental consent process.

  Action taken

  The Society appealed the consents and argued for a condition requiring complete carbon offsetting through new forest planting.

  Aftermath

  The Environment Court recognised the emissions as an adverse effect of some consequence and accepted the scientific basis of human-caused climate change, but declined to impose the proposed offsetting condition.

  Source

1. 1Environmental Defence Societyen.wikipedia.org