Lack of judges blamed for backlog at Environment Court

By ANNE BESTON environment reporter

The backlog of cases before the Environment Court has topped 3000 for the first time as lawyers complain of long, costly delays.

A leading environmental advocate says a shortage of judges is to blame.

Environment Court chief executive officer Wayne Doherty says 3011 cases are before the court.

"But that figure is simply the outstanding cases before the court. The majority of them will never see the inside of a courtroom."

Cases are often settled on the eve of a hearing, which only adds to delays. Cases are also sometimes withdrawn.

Since 1995, the number of cases filed with the Environment Court has quadrupled.

The Herald understands that Auckland lawyers in particular are unhappy with the lengthy delays.

A group of experienced planning lawyers began meeting this year about the issue and last week approached the Principal Judge of the Environment Court, Judge David Sheppard, outlining their concerns.

One of New Zealand's top planning lawyers, Paul Cavanagh, QC, described the backlog as critical.

"There are severe economic effects and the delays have become fundamental," he said. "The problem is a lack of resources."

The court has five permanent judges and one alternate judge sitting in courts around the country. Delays can depend on where you live.

In Wellington, the time taken for a matter to come before the court can be relatively short. In Auckland it can take up to two years.

The Herald understands that Auckland lawyers are so frustrated they have offered their services as temporary judges to try to clear the backlog.

Environment Defence Society spokesman and long-time conservationist Gary Taylor agreed that delays had become "unreasonable."

"There are not enough judges."

One Tauranga couple who had their application for an urgent hearing turned down late last month said the delay is hurting business.

"It is ruining us," said Welcome Bay Motorcamp owner Shirley Wilson.

The couple had consent from the Tauranga District Council to expand the number of caravan sites but with restrictions on how long campers could stay.

They appealed against the restriction to the Environment Court.

In his comments on the urgency application, Judge John Bollard commented that a "significant" number of cases were waiting for a hearing in the Bay of Plenty and and giving urgency to the Wilsons' case would simply delay others.

He suggested that the couple apply to have the matter heard before one of the court's 15 planning commissioners, the first time the couple's lawyer, Whakatane-based Frank Cain, had heard the suggestion.

Commissioners are planning experts who sometimes sit on the Bench with a judge. The suggestion is not popular with lawyers, who argue that commissioners do not have legal training.

People usually end up in the Environment Court when they appeal against decisions handed down by local or district councils on environmental issues or development projects.

One issue blamed for adding to the backlog in the court is that under the Resource Management Act 1991, councils must draw up district plans - lengthy and often complicated documents outlining the councils' intentions for development and protecting the environment.

Developers and conservationists sometimes appeal against district plans and councils can even appeal against one another.

The local government and environment select committee is considering changes to the legislation.