01 Introduction

Background
Purpose and scope
About the New Zealand Conservation Authority

Section summary

• The New Zealand Conservation Authority (NZCA) can investigate and report on any nature conservation matter of national importance.
• Rivers are poorly protected in New Zealand. Even where they appear to be protected because they are within land administered for conservation purposes, such as national parks, the water itself is seldom protected.
• The use, development and protection of rivers is governed by the Resource Management Act 1991.
• Rivers, and the fresh water within them, have multiple values and are coming under increasing pressure for a wide range of uses, both extractive and non-extractive. How best to provide for the often conflicting demands of these values is challenging.

Background

New Zealand is a country strongly influenced by rivers: they are significant landscape features and shape our environment. New Zealand's freshwater biodiversity is unique with a high number of endemic species. Rivers generate much of our electricity and provide water for community purposes and irrigated agriculture. They are highly valued for recreation and for their mauri (life force), and also simply for their own sake.

The catalysts for this paper were:

• Increasing public concern about water quality and the state of New Zealand's rivers³
• A desire to see progress on the recommendations from the 2005 review of the New Zealand Biodiversity Strategy
• Concern about delays in national guidance for the sustainable management of rivers
• Legislative changes to the water conservation order (WCO) regime in Canterbury
• The release of the 2010 Land and Water Forum report making recommendations for freshwater management

The use, development and protection of natural resources including rivers is governed by the Resource Management Act 1991 (RMA). Sustainable management in terms of the RMA requires managing the use, development and protection of natural resources including rivers. WCOs, the RMA's major tool for protecting outstanding water bodies, cover only 13 rivers or parts of rivers and two lakes.

While headwater catchments and mountain streams are well represented within public conservation land, few middle and lower reaches are protected. New Zealand lacks a representative network of protected rivers and freshwater biodiversity continues to decline.

The NZCA considers that rivers have suffered from decision-makers putting greater emphasis on the use and development aspects of sustainable management, with limited attention to the protection aspect.

Purpose and scope

This paper's purpose is to assist public discussion and policy development around improved river management, by reviewing protection mechanisms for rivers in their natural state that have outstanding amenity or intrinsic values, and recommending ways these can be improved and strengthened.

The NZCA recognises the importance of lakes, wetlands and groundwater. This paper restricts itself to a discussion of rivers because of their biodiversity, recreation, cultural, and other conservation values, and current demand pressures on rivers. The NZCA is also aware of the importance of public access to waterways and is familiar with the public discussion that preceded the establishment of the Walking Access Commission and the Commission's work to improve access. River protection requires effective control of pest fish and aquatic weeds but biosecurity issues are beyond the scope of the paper.

About the New Zealand Conservation Authority

The NZCA is a statutory body established by section 6A of the Conservation Act 1987 with responsibility to advise the Minister of Conservation and Director-General of Conservation on conservation matters⁴. The NZCA has prepared this paper under its statutory functions:

• "To investigate any nature conservation or other conservation matters the NZCA considers are of national importance, and to advise the Minister or the Director-General, as appropriate, on such matters"; and
  
• "To encourage and participate in educational and publicity activities for the purposes of bringing about a better understanding of nature conservation in New Zealand".⁵

³ Hughey et al. (2009).

⁴ The Minister of Conservation appoints Authority members on the nomination or recommendation of four specified bodies (four members), after consultation with three specified Ministers of the Crown (five members) and after the receipt of public nominations (four members). This process ensures that a wide range of perspectives contribute to the advice provided and decisions made by the NZCA.

⁵ Conservation Act 1987 section 6B(1)(d)) and section 6B(1)(g).