Legislative and administrative context
National parks are administered by the Department, subject to the National Parks Act 1980, and in accordance with General Policy, conservation management strategies and national park management plans, as provided for in section 43 of the Act.
General Policy under the Conservation Act 1987, and most other conservation legislation, is approved by the Minister of Conservation (the Minister) but General Policy for National Parks is adopted by the Authority. A close relationship exists between 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 freely between different places regardless of land status. Nevertheless, because the General Policy for National Parks derives from one Act only and because of the imperative to reflect the provisions of that Act, there are differences between the two policies. It is in conservation management strategies that the various general policies get addressed together, to establish objectives for integrated conservation management across the whole area covered by a conservation management strategy and at specific places.
The Authority and conservation boards are statutory bodies that provide advice to the Minister of Conservation and the Director-General on conservation policy, the management of national parks, and the other activities and responsibilities of the Department. Specific responsibilities of the Authority and conservation boards include the development, approval and implementation of conservation management strategies and national park management plans.
Other agencies have statutory management roles relating to national parks. Under the Resource Management Act 1991, territorial authorities have responsibilities for the management of air, fresh and coastal waters, soil and natural hazards. With the exception of the whitebait fishery, which is managed by the Department, freshwater fisheries with a significant commercial component (such as eels, black flounder and grey mullet) are managed by the Ministry of Fisheries. Fisheries regulations identify the customary use of fisheries by tangata whenua. These responsibilities are not covered by this General Policy. Fish and game councils and the New Zealand Fish and Game Council are established under Part VA of the Conservation Act. They are charged with the management, enhancement and maintenance of sports fish and game birds, and with representing regional and national interests of anglers and game bird hunters. These responsibilities extend to national parks and waters subject to legislation, General Policy, conservation management strategies and national park management plans.
The management of historical and cultural heritage under the National Parks Act 1980 should take account of advice provided by the Ministry for Culture and Heritage as the Crown's principal adviser for culture and heritage policy. The management of historical and cultural heritage under the National Parks Act 1980 is also subject to the statutory roles of the New Zealand Historic Places Trust/Pouhere Taonga under the Historic Places Act 1993. Approval from the Trust is required for any proposed destruction, damage, modification or investigation of archaeological sites.
The activities of the Authority, conservation boards and fish and game councils reflect a long New Zealand tradition of formalised public involvement in conservation, with appointments to the Authority and conservation boards being largely drawn from public nominations, and members of fish and game councils being elected by the holders of sports fish and game licences.
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