Mel Russell
Heritage New Zealand Pouhere Taonga
Mel is the Chief Legal Advisor at Heritage New Zealand Pouhere Taonga. A key aspect of this role is managing Heritage New Zealand’s litigation under its Act.
Whilst she would prefer people are compliant with the Heritage New Zealand Pouhere Taonga Act, Mel does enjoy investigations and compliance that comes with being a regulatory body.
Back to Basics: Proving Your Case – “Beyond Reasonable Doubt” in CME Practice
As environmental regulation becomes increasingly complex, the evidential backbone of effective prosecutions remains unchanged: holding sufficient admissible evidence to prove offences beyond reasonable doubt.
This session returns to that core principle, translating a legal standard into practical, day-to-day tools for frontline officers operating in a rapidly evolving regulatory environment.
Whilst this test is relevant for all aspects of a prosecution, it is particularly applied at two stages, firstly when the evidence is reviewed to determine if a prosecution should be initiated, and secondly by the Court in any contested hearing.
Using real-world case studies, the session will demonstrate both effective and flawed approaches to CME practice—highlighting how strong foundational work enables successful enforcement, and how seemingly minor deficiencies can prevent a case from meeting the criminal threshold.
Grounded in experience and focused on practical application, this session reinforces that strong CME outcomes are built on fundamentals: disciplined evidence gathering, clarity of legal thinking, and early preparation for the realities of the courtroom.
Learning outcomes
Participants will:
Gain a clear, practical understanding of what “beyond reasonable doubt” means in the context of environmental prosecutions.
Identify the essential elements of a robust case file and the common evidential gaps that undermine enforcement outcomes.