03 Protecting rivers using conservation legislation
Section summary
- This section describes river protection tools available under conservation legislation (specifically the National Parks Act 1980, Reserves Act 1977 and Conservation Act 1987) and river-specific legislation. It considers the management of Crown land in riverbeds and how this could be improved. Appendix 2 summarises information on the statutory mechanisms for protecting rivers.
- The primary way a river is protected under conservation (non-RMA) legislation is that it is located within a protected area (for instance in a national park or reserve). A small number of individual rivers have specific legislation applying to them but none of these give overall protection: they are mostly associated with hydro schemes.
- Statutory mechanisms to protect rivers apply to specific parts or values of the river ecosystem (riverbeds, adjoining land, wildlife, or fish). No single mechanism offers complete protection. Riverbeds and banks may be part of a protected area managed by DOC but this does not protect the water.
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We have yet to protect a representative range of rivers. As noted in section 2, many highly significant waterways have no formal protection, and few lowland rivers and streams are protected.44
- Extensive areas of riverbed are managed as Crown land. There is no requirement for them to have management objectives (e.g. for protection of natural or cultural values) or public input into decisions about their use or management.
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44 DOC and MfE (2002) "New Zealand Biodiversity Strategy" Theme 2 Freshwater Biodiversity www.biodiversity.govt.nz/picture/doing/nzbs/part-three/.