Abstract:
In this article David Grinlinton examines the role and effect of National Policy Statements (NPSs) under the Resource Management Act 1991 (RMA) in the context of the proposed NPS on Urban Design. Concerns have been expressed in some quarters that, following the Supreme Court decision in Environmental Defence Society Inc v New Zealand King Salmon Co Ltd [2014] NZSC 38, such NPSs may be misused by the Executive to undermine Parliamentary sovereignty. He concludes that such concerns are overblown and arise, in part, from a misinterpretation of the decision in King Salmon, and overlook the power of the courts to review the vires of subordinate legislation.
