Research Projects

Trevor’s research is focused on the organising theme of environmental regulation and reform – developing a coherent framework that views law as transformative technology based on adaptive management, resilience and risk assessment to guide sustainable outcomes grounded on ecological integrity.

He has worked on a series of ambitious research projects including:

Global collaboration to improve biodiversity governance

Review Team Members: Trevor Daya-Winterbottom and Gay Morgan (New Zealand)

This project will evaluate implementation of the Convention on Biological Diversity (CBD) using an evaluation method that will identify what is needed for effective implementation of the CBD vision by leading the researchers through multiple layers of inquiry – are the CBD principles realized in new laws, are the laws implemented by appropriate institutions, do they change the behaviour of key actors when implemented, and do these changes result in outcomes that are consistent with conservation objectives?

Initial findings from teams of academic lawyers from universities in Australia, Brazil, China, New Zealand, South Africa, and the Solomon Islands were presented at the IUCN Academy of Environmental Law Colloquium in Cebu, Philippines, in May 2017. Work on the next stage of the project is now underway.

Framework for assessing and improving law for sustainability

Lead Researchers: Trevor Daya-Winterbottom and Gay Morgan (New Zealand)

This project represented a collaboration between the IUCN Environmental Law Centre, the World Commission on Environmental Law, and the IUCN Academy of Environmental Law led by Paul Martin, Ben Boer and Lydia Slobodian. It developed a framework for evaluating the implementation of legal principles across four levels (instrumental, institutional, behavioural, and outcome) based on a series of case studies from teams of academic lawyers from universities in Australia, Brazil, China, New Zealand, and South Africa.

The published report was developed in the context of the IUCN Natural Resources Governance Framework, led by the Commission on Environmental Economic and Social Policy, and is intended to serve as a tool for emerging practice in studying and improving the legal aspects of natural resource governance:

T Daya-Winterbottom, G Morgan and others “New Zealand: Precautionary principle and endangered species” in P Martin, B Boer and L Slobodian (eds) Framework for Assessing and Improving Law for Sustainability (IUCN, Gland, Switzerland 2016) pp51-60.

The New Zealand case study was contributed with the assistance of an 8,000€ IUCN grant fund in 2014.

Environmental infringement offences

During the period 2005-2008, Trevor was the New Zealand member of a multi-jurisdiction team of environmental lawyers convened by the Environmental Law Roundtable of Australia and New Zealand (a collaborative venture of the National Environmental Law Association of Australia and the Resource Management Law Association of New Zealand) led by the renowned Queensland barrister, John Haydon, that produced two ground-breaking law reform commission style reports which analysed statutory provisions for infringement offences across the various national, state, and territory jurisdictions and made recommendations for the coherent design of such provisions in future legislation to assist the harmonisation of Australian and New Zealand law in this area.

M Baird, T Daya-Winterbottom, R Martin, L Perry, & A Skoien “Report on Penalty Infringement Notices (PINS) for Environmental Offences: a step towards consensus on the law across Australia & New Zealand” (January 2008) ELRANZ

M Baird, T Daya-Winterbottom, R Martin, L Perry, & A Skoien “Discussion Paper on Penalty Infringement Notices (PIN) for Environmental Offences” (June 2006) ELRANZ