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Title
The Potential for Improved Water Management Using a Legal Social Contract
Fields of Research (FoR) 2008:
Author(s)
Publication Date
2011
Socio-Economic Objective (SEO) 2008
Abstract
The 'Environment Canterbury (Temporary Commissioners and Improved Water Management) Act 2010 (NZ)' (the ECan Act) was introduced to address concerns about the allocation, use and management of water in the Canterbury Region (NZ). The Act emerged amid increasing demands upon water resources and an interest in reform. A principle tool for achieving improvement is to adopt the Canterbury Water Management Strategy and its preference for obligations defined by a social contract. This article examines the social contract as a means to improve water management. The contract defines expectations of resource access and use, forming a boundary of responsibility between entitlement holder and society. Such reforms illustrate a tension between resource stewardship and private interests that is likely to generate conflict. In resolving such conflict, examples show that the legal framework is likely to favour the protection of private interests. This draws the effectiveness of a social contract into question. The article concludes with the version of improved water management that is likely to be favoured by the ECan Act.
Publication Type
Journal Article
Source of Publication
The Journal of Water Law, 22(2/3), p. 95-108
Publisher
Lawtext Publishing Ltd
Place of Publication
United Kingdom
ISSN
1478-5277
Peer Reviewed
Yes
HERDC Category Description
Peer Reviewed
Yes
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