Environment Minister filing fee flip-flop

Green Party Co-Leader Dr Russel Norman’s questioning of the Minister for the Environment in Parliament today has revealed that the Minister has flip-flopped on statements he made when in opposition about the impacts of proposed increases in Environment Court fees.

“Today in the House I confronted the Justice Minister – answering on the Environment Minister’s behalf – with this flip-flop by Dr Nick Smith,” said Dr Norman

The Minister for the Environment recently increased the filing fee for appeals to the Environment Court from $55 to $500. The increase takes effect next Thursday, 7 May.

In a press statement dated 2 June 2004, Dr Nick Smith said of a proposed increase of the same fee to $245: “Middle-income Kiwi battlers will be hardest hut by these high charges [which] …will become a barrier to access to justice”; and that “the solution to frivolous appeals does not lie in making it too expensive for the average family”.

“The Justice Minister tried to cover for Dr Smith today in the House”, Dr Norman continued, “by saying that in 2004 Dr Smith was referring only to hearing fee increases rather than filing fee increases. But Dr. Smith’s press release in 2004 clearly referred to filing fees.

“The Minister was forced to acknowledge that nine out of ten appeals filed with the Environment Court do not go to a hearing at all, but are resolved through mediation – they do not use the Court’s hearing time. This fact is in a recent Cabinet Paper from the Minister.

“Not only that, but mediated solutions most often result in greatly improved environmental outcomes and win-win solutions for the community at large.

“I agree with Dr Smith’s 2004 comments, which is why I have laid a complaint with Parliament’s Regulations Review Committee over his increase in fees this month.

“The Committee has today advised me that this complaint has been accepted and will be investigated.

“The Royal Forest and Bird Society are absolutely right when they said ‘the fee increase of over 900 percent will act as a barrier to representation in the Court by parties with a legitimate case and will reduce access to justice.'

Dr Norman concluded, “Dr Smith should revert to his 2004 position and set the fee at a more reasonable $100 to $200 like other District Court filing fees.”

References:
Dr Smith’s 2004 press release - http://www.scoop.co.nz/stories/PA0406/S00029.htm
Letter of complaint - http://www.greens.org.nz/sites/default/files/RMAfilingfeecomplaint.pdf
Cabinet Paper (points 131 and 138) - http://www.mfe.govt.nz/rma/central/amendments/resource-management-simplify-and-streamline-amendment-bill-2009/cabinet-paper-cbc-rma-reform/