Protecting the environment equals protecting people: An innovative approach by New Zealand to protect human rights
By Kay Windle
New Zealand has a strong foundation to promote and protect its environmental resources. Through the years, the country has continued to strengthen their frameworks to protect the human right to water (HRW) and a human right to a clean, safe and healthy environment (HRHE). With the recent amendments to its legislation, New Zealand manages to set a good example to other nations in keeping up to date with current issues.
Water Efforts
Whilst New Zealand doesn’t have a constitution that guarantees specific water rights they have ratified a number of agreements and treaties for protecting these substantive and procedural rights. These include, but are not limited to, the 1968 International Covenant on Civil and Political Rights, 1983 United Nations Convention on the Law of the Sea and the 1995 Agreement establishing the South Pacific Regional Environment Programme (SPREP).
New Zealand also implemented a number of efficient policies recently, as evidenced in the 2024 ‘Local Water Done Well’ policy replacing the previous Three Waters Reform Programme. This policy aims to improve the water quality regulatory framework, to make amendments to service provider management systems, and to implement a new economic regulation scheme.
Additional efforts that have been valuable to the protection of the HRW are the implementation of the Water Services Act 2021 and the Water Services (Drinking Water Standards) Regulation 2022 which set out explicit standards and policies for the access, availability and quality of water throughout New Zealand. This is also echoed through the creation of the 2022 Aesthetic Values for Drinking Water Guidelines which give service providers specific targets for reducing chemical damage in domestic water use. Subsequently, these policies and guidelines open up a new avenue of protection and monitoring mechanisms for the protection of the right to water and the right to a healthy environment.
Right to a Healthy Environment
With respect to the right to a healthy environment, and in the context of an increasingly globalised world, the 1991 Resource Management Act continues to serve as an effective regulatory tool and enforcement mechanism. It sets out regulatory mechanisms through the requirement of (five) types of resource consents which are necessary to build or develop on land. This act also explicitly mentions the relationship of Maori culture and the necessity to respect their ancestral lands, with the Environment Court of New Zealand being the relevant complaints mechanism for violations.
New Zealand also promotes the protection of nature through the establishment of it as a right holder. The 2017 Te Awa Tupua Act is a shining example for New Zealand’s ingenuity in protecting environmental and water rights. By recognising the river as a living entity, it provides it with the same human rights as a living person, viewing any damage and harm to the river as effectively being done to the local tribe (Whanganui). Therefore, the river has its own legal identity with corresponding rights as outlined by the minister for negotiations.
New Zealand has consistently and effectively promoted and protected these rights throughout the years. Their efforts are very valuable and exemplary as they continue to implement new and upcoming mechanisms for the protection of the right to water, sanitation and a healthy environment.
