The development of Alternative Environmental Justice (AEJ) has
been driven by Environment Canterbury's Monitoring and
Compliance Section. Largely to fill a gap in the toolbox where the
offence requires a stronger response than an infringement notice
but perhaps falls short of the threshold where the person
responsible deserves a criminal record. The majority of offences
under the Resource Management Act 1991 (RMA) are strict liability
offences, meaning that the prosecutor does not need to establish an
intention to cause harm – the fact that the offence has
occurred is sufficient.
This AEJ process provides another tool for ECan to respond to
offences against the RMA and can involve the wider community. The
victims of an offence may be difficult to identify as the harm done
is generally inflicted on the natural environment, however, often
the community where the offending has occurred along with the local
Runanga may feel saddened and aggrieved by the harm done. The
