Making Waves: Fast Ferries at the Frontier of International Environmental Law

Abstract

Like Adrian Duffy, Kos speaks on the topic of Fast Ferries (Business Session 1), narrowing in on the case Marlborough District Council v New Zealand Rail Ltd [1995] NZRMA 357.

The case was noteworthy because of the fact an injunction was sought to stop the ferries in question from operating due to alleged environmental impacts on the coastal environment. Kos describes the background to the case and the subsequent decision, in which Judge Treadwell concluded that the activity conducted by the fast ferries in question was not noxious, dangerous, offensive, or objectionable to such an extent that it had or was likely to have an adverse effect on the environment, within the meanings supplied by ss 17 and 314 of the Resource Management Act 1991 (NZ). Kos draws attention to the aftermath of the case as well as the broader social context.

Notably, this case led to a thorough scientific study of fast ferry wake effects, hydrological and ecological.