Ken Palmer

Associate Professor
Doctor of Juridical Science (SJD), University of Virginia, 1976
Master of Laws, Harvard University, 1968
Master of Laws (Honours,) University of Auckland, 1966
Barrister and Solicitor of the High Court of New Zealand

Contact details
Building 803, room 4.02
17 Eden Crescent
Auckland cbd

Phone: +64 9 923 7828
Email: ka.palmer@auckland.ac.nz

Available to students
Tuesdays and Wednesdays 2:30 - 4pm

Profile

Ken Palmer’s teaching and research interests include environmental law, resource management law, and local government law. In the earlier part of his career, he was a lecturer in criminal law. After completing the SJD degree at the University of Virginia, the research thesis was revised for publication of the texts Local Government Law, and Planning Law in New Zealand, 1977. In 1984, a two volume update titled Planning and Development Law in New Zealand was published, and a second addition of Local Government Law in New Zealand was published 1993. Ken contributed two chapters to the Laws of New Zealand publication, comprising "Resource Management Law" (1995) and "Ports and Harbours", (2000).

More recently, Ken has revised 3 chapters and written a new chapter to D Nolan, Environmental and Resource Management Law, LexisNexis 2005. That major text has been further revised as a loose leaf/on line publication, in August 2008. Ken has also contributed a chapter on compulsory acquisition and compensation in T Bennion, New Zealand Land Law, Brookers 2005.

In 1997, Ken was the foundation editor of the New Zealand Journal of Environmental Law, and has remained the editor through volume 11 published 2007. That journal, published by the Law School has gained an international reputation. In 1998, Ken was a founding member of the New Zealand Centre for Environmental Law based at the Auckland Law School. He has promoted the teaching of environmental law for non lawyers, and the widening of the masters programme to allow for entry by persons without a law background. Students may take the degree Master of Legal Studies (Environmental), being the successor of the Master of Environmental Legal Studies.

Research Interests

• Local Government Law
• Resource Management Law
• Environmental Law
• Heritage law
• Public works acquisitions

Special Interests

Within the area of Local Government Law, Ken has researched the areas of land valuation and rating. In this particular area, studies have been undertaken of the valuation of Māori land. As a consequence of this interest, Ken was involved in submissions to a Parliamentary Committee to remove the power of sale of Māori land for rating arrears in 1988. Since that date, no Māori land can be sold under a rating sale.

Further, Ken has been involved in procedures before the High Court and Court of Appeal (Valuer-General v Mangatu Corporation), in which the Māori owner obtained a ruling that the valuation of Māori freehold land should be differentiated from the open market value of non Māori land. This outcome has ensured greater fairness in respect of valuation of the land and rating consequences.

In the resource management area, Ken has also participated in legal procedures relating to heritage protection, aquaculture, and marina development. In his writing, Ken has written many case notes and articles on resource management and local government law. He is a contributor to various electronic and looseleaf legal publications.

Courses Taught

• Law 716 Resource Management Law
• Forensic 706 (Environmental Forensic Science)
• Law 450 Resource Management Law
• Law 457 Environmental Law for Non Lawyers
• Law Public 720 Local Government Law (2005)

Recent Thesis/Dissertation Supervision and Topics

• The Local Government Act 2002 Rationalisation or Reform? (PhD)
• The Development of Public Authority Liability in Negligence in English Common Law and relevance to Malaysian Local Authorities (LLM)
• Private Property Rights, Land Use Regulation and the case for economic instruments
• The Resource Management Act 1991, Building Aesthetics and Auckland City’s Urban Design Panel
• Biosecurity Law and Practice. To protect the kiwi.
• Trade Competition under the RMA
• Māori Wards and Constituencies in the Local Electoral Act 2001: Is it effective law?
• Shaping the Urban Canopy - Protection and Management of Trees in an Urban Environment
• Sustainable Management and Coastal Marine Area
• Legal Obligations Concerning Decision-making and Consultation.
• Meeting Procedures and Public Access. Comparison between New Zealand and Germany
• Historic and Cultural Heritage Protection in New Zealand
• Managing the Environmental Effects of Agriculture: Non Point Discharges
• Energy Generation and Supply; Sustainable Management and the way ahead
• The Protection of Māori interests under the RMA
• Heritage Protection versus Private Property Rights
• Aggregate Extraction: The Legal Framework in New Zealand
• Sustainability in the New Zealand context
• Power, Politics and Water in the Waitaki Catchment
• Legislative Framework for Agriculture in New Zealand
• Wetlands: The Laws relating to conservation of New Zealand wetlands
• International Law Protection of Bottom Trawling
• Recovering Costs in Environmental Court Proceedings

Recent Publications

• D. Nolan Ed, Environmental and Resource Management Law, August 2008 (Revised loosely/online addition, chapters 1, 2, 3, 15.)
• D. Nolan Ed, Environmental and Resource Management Law, 2005 (Hard Copy), revised chapters 1,2,3, new chapter 15.
• T Bennion, New Zealand Land Law, Brookers 2005, chapter 15, (Compulsory Acquisition and Compensation)
• K Bossleman, D Grinlinton, Environmental Law for a Sustainable Society, NZCEL 2002, Chapter 1 "Origins and Guiding Ideas of Environmental Law".