RERE--ESTABLISHING TRUSTESTABLISHING TRUSTRERE--ESTABLISHING TRUSTESTABLISHING TRUST

CATHERINE IORNSCATHERINE IORNS

TheThe environmentenvironmentiis humanity'ss humanity's firstfirst rightright

-KenKen SaroSaro--WiwaWiwa ((1995)1995)

TheThe environmentenvironmentiis humanity'ss humanity's firstfirst rightright

-KenKen SaroSaro--WiwaWiwa ((1995)1995)

NZ Human Rights Law

Fluoridation:

New Health New Zealand Inc v South Taranaki District Council [2014] NZHC 395

© George Grinsted© Ben Kraal

© Michael Cunningham/Northern Advocate © Mike Joy

©David Boyd

AllAll human beings have thehuman beings have thefundamental right to anfundamental right to an

environment adequate forenvironment adequate fortheir health andtheir health and wellwell--beingbeing

WorldWorld Commission on Environment and Development,Commission on Environment and Development,Our Common FutureOur Common Future (1986)(1986)

AllAll human beings have thehuman beings have thefundamental right to anfundamental right to an

environment adequate forenvironment adequate fortheir health andtheir health and wellwell--beingbeing

WorldWorld Commission on Environment and Development,Commission on Environment and Development,Our Common FutureOur Common Future (1986)(1986)

Roman Law:Roman Law: JustininanJustininan in 529in 529

The following things are by naturallaw common all – the air, runningwater, the sea, and consequently thesea shore. No-one is forbidden accessto the seashore…

The following things are by naturallaw common all – the air, runningwater, the sea, and consequently thesea shore. No-one is forbidden accessto the seashore…

Bracton, 1256: Justinian’s Institutespart of the Law of England

Hale, 1670: The public have commonrights to access natural resources; thesovereign is restrained in decision-making over them

Bracton, 1256: Justinian’s Institutespart of the Law of England

Hale, 1670: The public have commonrights to access natural resources; thesovereign is restrained in decision-making over them

Public Trust Doctrine 1865:Public Trust Doctrine 1865:Ownership by the Crown is for thebenefit of the subject, and cannot beused in any manner so as to derogatefrom, or interfere with the rights,which belong by law to the subjectsof the realm

Ownership by the Crown is for thebenefit of the subject, and cannot beused in any manner so as to derogatefrom, or interfere with the rights,which belong by law to the subjectsof the realm

“natural resources which areheld for the common good arenot to be encroached upon by

private ownership”- Illinois Central Railroad, USA, 1892

“natural resources which areheld for the common good arenot to be encroached upon by

private ownership”- Illinois Central Railroad, USA, 1892

“all public natural resources areheld in trust by the State for the

benefit of the people”- Hawaii State Constitution

“all public natural resources areheld in trust by the State for the

benefit of the people”- Hawaii State Constitution

“The notion of an underlying“The notion of an underlyingtrust cannot be dismissed astrust cannot be dismissed asan historical anachronism”an historical anachronism”

-Waitakere City Council v LovelockWaitakere City Council v Lovelock (1997)(1997)

“The notion of an underlying“The notion of an underlyingtrust cannot be dismissed astrust cannot be dismissed asan historical anachronism”an historical anachronism”

-Waitakere City Council v LovelockWaitakere City Council v Lovelock (1997)(1997)

“an attitude of responsibility…for the sake of future

generations”- French President, Jacques Chirac (2004)

“an attitude of responsibility…for the sake of future

generations”- French President, Jacques Chirac (2004)