Environmental law is the branch of the law that concerns environmental protection and ecologically sustainable development.

The increasing environmental awareness of the 1960s led to the development of this specific body of law, which became more integrated in the 1980s with the passing of the Environment Act 1986 and the Conservation Act 1987 and, of course, the Resource Management Act 1991.

The Environment Act established the Ministry for the Environment and the Office of the Parliamentary Commissioner for the Environment. Included amongst the functions of the Ministry for the Environment as set out in the Act are to:

• facilitate and encourage the resolution of conflict in relation to policies and proposals which may affect the environment
• provide and disseminate information and services to promote environmental policies, including environmental education and effective public participation in environmental planning
• generally provide advice on matters relating to the environment
   

The Conservation Act 1987 established the Department of Conservation and Fish and Game, and is the principal act as regards indigenous biodiversity. The overriding principle of the Conservation Act, along with the management strategies and plans that are created under it, is “protection”. This can be contrasted with the overriding principle the Resource Management Act, which is “sustainable management”. The Conservation Act also sets up a hierarchy of activities that can occur on public conservation land, which makes up about 30% of the country, and which places the greatest weight on intrinsic value, followed by non-commercial recreation, and then by tourism. The Conservation Act also sets out types of areas that are specially protected:

• Conservation parks
• Wilderness areas
• Ecological areas
• Sanctuary areas
• Watercourse areas
• Amenity areas
• Wildlife management areas
   

The Resource Management Act promotes the sustainable management of natural and physical resources such as land, air and water and is New Zealand’s principal piece of legislation for environmental managemeent.