Legislative and administrative context
This section describes why there is one General Policy for the Conservation Act 1987 and the above Acts, and a separate General Policy under the National Parks Act 1980. It also discusses the relationship between these two General Policies.
Each Act (apart from the Conservation Act 1987) referred to above relates to discrete functions within the overall conservation task in New Zealand. These functions were originally the responsibility of several government agencies.
The reform of environmental administration in 1986 and 1987 led to the passing of the Conservation Act 1987. This drew most conservation functions together under a single agency, the Department of Conservation (referred to as 'the Department'). The Department was also given functions not previously provided for in legislation, such as conservation advocacy. At the same time, the government disestablished the former multiple-use agencies such as the New Zealand Forest Service and the Department of Lands and Survey and introduced the concept of 'integrated conservation management'. The government retained existing legislation that dealt with some conservation tasks and repealed legislation that dealt with others, replacing the latter with Conservation Act 1987 provisions.
The Conservation Act 1987 provides (section 17C) for the other legislation such as the Reserves Act 1977 and the Wildlife Act 1953 to continue to operate. For example, the Conservation Act 1987 provision (section 4) relating to giving effect to the principles of the Treaty of Waitangi applies to all the other Acts1. Application of section 4 of the Conservation Act 1987 provides for the integration of the principles of the Treaty into the work of the Department generally.
Similarly, the provision for general policy under the Conservation Act 1987 covers tasks carried out under the other Acts but cannot derogate from any provision in any of those Acts. The New Zealand Walkways Act 1990 has its own existing general policy, and is excluded from this current General Policy. Section 11 of the Hauraki Gulf Marine Park Act 2000 provides for statements of general policy under the Conservation Act 1987 and Acts in the First Schedule of that Act.
General Policy applies to a wide range of public conservation lands and waters (see Appendix 1), both in terms of their natural resources, historical and cultural heritage, and of the specific purpose and type of protection. For example, the very high level of preservation in their natural state (including closure to public entry) accorded to the indigenous plants and animals in nature reserves or sanctuary areas established under the Conservation Act 1987, contrasts with the predominantly recreational purposes of recreation reserves established under the Reserves Act 1977. The wildlife management and the freshwater fisheries functions the Department shares with fish and game councils also extend to private lands and water bodies.
General Policy for national parks is approved by the New Zealand Conservation Authority (the Authority). A close relationship exists between these General Policies, owing to the common administration by the Department of Conservation, shared boundaries between national parks and other public conservation lands and waters, and the passage of species between different places regardless of land status.
The Authority and conservation boards are statutory bodies that provide advice to the Minister of Conservation and the Director-General regarding conservation policy, the management of public conservation lands and waters, and the other activities and responsibilities of the Department. Specific responsibilities of the Authority and/or conservation boards relate to the development, approval and implementation of general policy, conservation management strategies and plans.
Other agencies have statutory management roles relating to public conservation lands and waters. Under the Resource Management Act 1991, territorial authorities have responsibilities for the management of air, fresh and coastal waters, soil and natural hazards. The Ministry of Fisheries manages the sustainable use of fisheries to avoid or mitigate adverse effects of fishing on the aquatic environment. With the exception of the whitebait fishery, which is managed by the Department, freshwater fisheries with a significant commercial component are managed by the Ministry of Fisheries. Fisheries regulations identify the customary use of fisheries by tangata whenua. These responsibilities apply within public conservation lands and waters, but are not covered by this General Policy. Regional fish and game councils and the New Zealand Fish and Game Council are established under Part VA of the Conservation Act 1987. They are charged with the management, enhancement and maintenance of sports fish and game birds, and with representing the regional and national interests of anglers and game bird hunters. These responsibilities extend to public conservation lands and waters, subject to legislation and general policy.
The management of historical and cultural heritage under conservation legislation should take account of advice provided by the Ministry for Culture and Heritage as the Crown's principal adviser for cultural heritage policy. The management of historical and cultural heritage under conservation legislation is also subject to the statutory roles of the New Zealand Historic Places Trust under the Historic Places Act 1993. The Trust is an independent non-Crown agency with the leading national role in promoting the identification, protection, preservation and conservation of the historical and cultural heritage of New Zealand.
The activities of the Authority, conservation boards and fish and game councils reflect a long-term New Zealand tradition of formalised public involvement in conservation, with membership of the Authority and conservation boards being largely on the basis of public nominations, and members of fish and game councils being elected by the holders of sports fish and game licences.
As part of its commitments to the Convention on Biological Diversity (1993) the Government has developed a New Zealand Biodiversity Strategy (NZBS). The purpose of this strategy is to establish a strategic framework for action to conserve and sustainably use and manage New Zealand's biodiversity with a primary focus on indigenous biodiversity. The Department of Conservation is responsible for contributing to some of the NZBS goals and this is reflected in this General Policy.
Footnote
1 Where, however, there is clearly an inconsistency between the provisions of any of these Acts and the principles of the Treaty, the provisions of the relevant Act will apply (see Chapter 2).
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