The Potential for Improved Water Management Using a Legal Social Contract

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.