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Proposed National Policy Statement on Indigenous Biodiversity: Section 32 Evaluation

Preface

Proposed National Policy Statement on Indigenous Biodiversity

Executive summary

1 Introduction

2 The status quo

3 Situaion under the status quo

4 What are we trying to achieve?

5 Alternatives to the status quo

6 Is the proposed objective appropriate in achieving the purpose of the Act?

7 Will the policies be effective and efficient in achieving the objective?

Conclusions

Appendix 1: Section 32

Appendix 2: Tools and databases

Appendix 3: Location of threatened species

Appendix 4: How to make a submission

2 The status quo

This chapter provides an overview of the legislation and other tools used to manage biodiversity.

The RMA is the key legislation for managing the effects of land use on biodiversity on private land. The RMA also applies to the approximately 32 per cent⁷ of New Zealand’s land area managed for conservation purposes, but biodiversity management in those areas is mainly influenced by legislation such as the Conservation Act 1987, Reserves Act 1977 and National Parks Act 1980.

Private and Māori land is also managed for conservation under covenants, such as those established as Queen Elizabeth II National Trust open space covenants (under the Queen Elizabeth the Second National Trust Act 1977) and kawenata covenants through Ngā Whenua Rāhui.

Other legislation is also important, including the Local Government Act 2002 (under which local authorities can purchase parks and reserves) and the Biosecurity Act 1993 (under which regional councils undertake pest control).

2.1   Legislative protection of biodiversity

2.1.1   The Resource Management Act 1991

The RMA is the principal legislation governing the use of New Zealand’s land, air, water, ecosystems and built environment. Because almost all forms of resource use affect native biodiversity, it therefore has a key role in managing New Zealand’s biodiversity. Under the Act, local government has a major part to play in environmental protection.

Biodiversity is recognised in the RMA in many ways.

• Section 5 is relevant because all plants and animals come within the definition of natural resources. Section 5(1)(b) refers to safeguarding ecosystems.
• Section 6(c) is the section most identified with the maintenance of biodiversity because it refers to the protection of areas of significant native vegetation and significant habitats of native animals. However, this section represents just one dimension of managing indigenous biodiversity.
• Section 7(d) refers to the intrinsic values of ecosystems. The definition of ‘intrinsic values’ includes values derived from biological and genetic diversity.
• Section 30(1)(c)(iiia) provides that it is a function of regional councils to control the use of land to maintain and enhance ecosystems in water bodies and coastal waters.
• Section 30(1)(ga) provides that it is a function of regional councils to establish, implement and review objectives, policies and methods for maintaining native biodiversity.
• Section 31(b)(iii) provides that it is a function of territorial councils to control the effects of the use of land on the maintenance of native biological diversity.

In 2003, the RMA was amended to clarify that:

• both regional councils and territorial authorities have responsibilities for maintaining native biodiversity
• local authorities must consider the consequences of all effects on native biodiversity, not simply the significance of the species or habitat.

2.1.2   Other legislation

Biosecurity Act 1993

This Act provides for the exclusion, eradication and effective management of pests and unwanted organisms. The Biosecurity Minister is able to notify a national pest management strategy under this Act, and individual local authorities are able to prepare regional pest management strategies (RPMS). Section 76(4) of the Biosecurity Act requires these strategies not be inconsistent with any regional policy statement or regional plan prepared under the RMA.

A number of initiatives under the Biosecurity Act make a significant contribution to managing biodiversity. In particular, these include plant and animal pest control carried out in accordance with RPMSs prepared under the Biosecurity Act.

Conservation Act 1987

The Conservation Act promotes the conservation of New Zealand’s natural and historic resources. The Act provides the mandate for the activities of the Department of Conservation (DoC). Functions include managing the conservation estate, conservancy advocacy and education, and fostering the use of resources for recreation and tourism. The main policy documents include the Conservation General Policy 2005, conservation management strategies prepared by conservancies, and management plans for sites of particular importance. A conservation management strategy provides a plan for the integrated management of all areas administered by DoC.

DoC exercises its conservation advocacy function by, amongst other things, participating in plan making and resource consent decision-making processes under the RMA.

Forests Act 1949, Forests Amendment Act 1993

The Forests Act 1949 was amended in 1993 to bring an end to unsustainable harvesting and clear felling of indigenous forest. Under the Forests Amendment Act, native timber can only be produced from forests that are managed in a way that maintains continuous forest cover and ecological balance.

National Parks Act 1980

The purpose of the National Parks Act is to forever preserve for their intrinsic worth and for the benefit, use, and enjoyment of the public, those parts of New Zealand that “contain scenery of such distinctive quality, ecological systems, or natural features so beautiful, unique, or scientifically important, that their preservation is in the national interest”.
DoC administers this Act. Under section 4 of the RMA, the Crown is not bound by section 9(1) of the RMA for any work or activity of the Crown within the boundaries of any area of land held or managed under the Conservation Act or other acts specified in the First Schedule to that Act. The First Schedule of the Conservation Act includes the National Parks Act.

Reserves Act 1977

DoC administers this Act. Section 3(1)(b) of the Reserves Act identifies the need for the establishment of an ecologically representative, protected natural areas system in New Zealand. An objective of this legislation is:

Ensuring as far as possible, the survival of all indigenous species of flora and fauna, both rare and commonplace, in their natural communities and habitats, and the preservation of representative samples of all classes of natural ecosystems and landscapes which in their aggregate originally gave New Zealand its own recognisable character. (Section 3(1)(b), Reserves Act 1977).

An implementation method of the Reserves Act is the Protected Natural Areas Programme, which provides criteria for identifying the best examples of the full range of natural areas within defined ecological districts and/or regions. The focus of this programme has traditionally been on terrestrial and wetlands habitats. District councils use protected natural area surveys to identify significant natural areas.

Wildlife Act 1953

This Act is administered by DoC and provides for the protection of certain species of wildlife, including the establishment of wildlife reserves.

2.2   Convention on Biological Diversity and national strategies

2.2.1   Convention on Biological Diversity

New Zealand ratified the international Convention on Biological Diversity in 1993. The Convention has three main goals:

• conservation of biological diversity
• sustainable use of the components of biodiversity
• sharing the benefits arising from the commercial (and other) use of genetic resources in a fair and equitable way.

Signatory nations are required to prepare national strategies or plans that set national goals to implement these goals.

2.2.2   The New Zealand Biodiversity Strategy and related initiatives

The 2000 New Zealand Biodiversity Strategy (NZBS) establishes national goals to:

• turn the tide on the decline of the country’s indigenous biodiversity
• maintain and restore a full range of remaining habitats and ecosystems, and viable populations of all native species.

The NZBS sets out a comprehensive range of actions needed to achieve the goals. Among these is the preparation of a national policy statement and related material to provide direction to local authorities on implementing provisions of the RMA relevant to protecting and sustainably managing native biodiversity.

At about the same time the Government prepared the NZBS, it also funded a Ministerial Advisory Committee (MAC) to consult widely about biodiversity and private land. This public consultation considered whether a NPS on biodiversity was desirable and what complementary measures might be warranted. Seven core proposals were developed. These included the establishment of a biodiversity advisory service, a fund aimed at improving the condition of sites, additional funding for existing protection mechanisms (such as the QEII National Trust), a capacity building programme for local government, a NPS under the RMA and clarification of the local government’s biodiversity role under the RMA (culminating in an amendment to the RMA in 2003).⁸

A funding package of $187 million was provided for the period 2000–2005 towards achieving the goals of the NZBS. This incorporated the specific recommendations of the MAC. These are discussed further in chapter 2.3.

2.2.3   The New Zealand Biosecurity Strategy and related initiatives

In 2000, the Government published the New Zealand Biosecurity Strategy⁹ with the vision that “New Zealanders, our unique natural resources, our plants and animals are all kept safe and secure from damaging pests and diseases”.

The Biosecurity Strategy is a high-level document that deals with broad biosecurity risks (not just risks to biodiversity) and more than pest management. However, it did commit to clear and effective national leadership and coordination, the Crown meeting its pest management obligations as a landowner, and other matters.

In order to make progress against these commitments, in 2009 the Government initiated the Future of Pest Management Programme to review current arrangements and improve pest management systems to meet New Zealand’s needs over the next 25 years. A National Plan of Action (including legislative changes) is currently being developed.

2.3   Non-statutory guidance, trusts and funds

Government funds 20 programmes to help achieve outcomes in the New Zealand Biodiversity Strategy. A Governance and Coordination Programme establishes the administrative mechanisms necessary to coordinate the Strategy’s implementation, monitoring and review. It is coordinated by a secretariat within DoC. Programmes that relate to private land are outlined below.

Trusts and funds

In December 2000, the Government announced a package of policy measures to enhance the management of native biodiversity outside public conservation lands. In relation to funds, the package included:

• increased funding to the QEII National Trust, Ngā Whenua Rāhui and the Nature Heritage Fund
• the establishment of a Biodiversity Condition Fund to help private landholders and community groups to protect areas, habitats and species on private land
• the establishment of a Biodiversity Advice Fund.

The package added $40.6 million over five years to support native biodiversity protection on private land, with the bulk going into increased funding for protection via Ngā Whenua Rāhui, the Nature Heritage Fund and QEII National Trust. The money allocated to the Biodiversity Condition Fund was $6.5 million, while $3.6 million was allocated to the Biodiversity Advice Fund.

• Biodiversity Advice Service Fund

The Biodiversity Advice Fund began in the 2001/02 financial year. It provides information and advice on native biodiversity and management options available to private land managers. Local authorities, land care groups and other organisations can apply for funding to set up advisory services. The fund is administered through DoC.

• Biodiversity Condition Fund

This fund is for improving the condition of native biodiversity on private land through ongoing pest and weed management. It also began in 2001/02. Individuals and groups can apply for funding for projects designed to improve the condition of areas and habitats. This fund is administered through DoC.

Non-regulatory guidance

• General advice

DoC makes some technical advice available to local government. The Ministry for the Environment (MfE) has issued good practice biodiversity protection guidance via the Quality Planning website.

• National priorities for protecting rare and threatened native biodiversity on private land

In 2005, Cabinet decided not to proceed with a NPS on Biodiversity. Instead, the Government developed and published a non-statutory guideline which described the national priorities for protecting rare and threatened native biodiversity on private land. This aimed to focus conservation efforts on private land where the need is greatest.

• Enhancing capacity in local government

A concerted effort to up skill local government followed the Biodiversity MAC process of 2000. The Action BioCommunity project was established in 2001, sponsored through Local Government New Zealand and paid for by MfE’s Sustainable Management Fund. Its aim was to build local authority capacity in native biodiversity management, promoted by sharing good practice and establishing a Quality Planning website. The project came to an end in 2004.

On the whole, the level of non-regulatory guidance to local government is low.

2.4   Efforts to protect biodiversity under the current framework

As summarised above, central government’s efforts to maintain native biodiversity fall into two categories. First, conservation (including species recovery) programmes on public conservation land (under conservation legislation); and second, advocacy, financial and technical assistance to support biodiversity off public conservation land.

Central government has also contributed by funding the development of geographic information and monitoring systems and tools (such as LENZ¹⁰) that provide better information on which to base management efforts.

DoC has also committed $15 million over the next three years to produce the system and operational work required to measure biodiversity baselines, the subsequent natural changes in species and ecosystems, and the impact future development activities will have on these.

However, in the context of the proposal for a NPS, it is the efforts of local government –regional councils and territorial authorities – that is most critical as it is the nature and level of these efforts that a NPS can influence.

2.4.1   Local government efforts

Local authorities have specific legislative responsibilities under the RMA to manage native biodiversity. They also have the ability under the Biosecurity Act to prepare regional pest management strategies. These can be prepared for pests that have impacts on native biodiversity.

Local authorities use a wide range of measures to fulfil their legislative obligations and maintain the mandate given to them by their constituents, including:

• developing and implementing strategies and plans
• collecting information, including identifying areas of importance for native biodiversity
• providing financial assistance, including contestable funding for landowners
• biosecurity activity
• regulation and enforcement action.

Since 1991, most territorial authorities have expended considerable effort to identify areas and habitats in accordance with section 6(c) of the RMA, and/or to provide varying degrees of legal protection to native vegetation by way of rules in plans. This focus on native vegetation was largely absent from the ‘district schemes’ that pre-dated plans prepared under RMA.

As a result, it is now commonplace for territorial authorities to address biodiversity and consider the significance of vegetation in the context of resource consent applications.

Most regional councils have included criteria in regional policy statements that are to be applied through district and regional plans and/or in the context of resource consent applications. As well, on a daily basis regional councils consider impacts on ecosystems and biodiversity when assessing a broad range of regional council-determined consent applications (such as discharge, water take/diversions and soil disturbance applications).

Despite this level of effort by local authorities, there is little uniformity in approach and the comprehensiveness of the effort is patchy across New Zealand. This is discussed further in Chapter 3.2.4.

2.4.2   Voluntary efforts

In addition to the efforts of public authorities, there is a substantial voluntary effort by environmental non-government organisations, catchment groups and individuals. These tend to focus on pest management and site restoration/replanting. The extent of this contribution is not well documented. However, while there are numerous significant voluntary programmes and projects that have value at a local scale, the overall impact of this effort on the national goal of halting the decline is likely to be small.