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Summary

There is currently a high bar for exchanges and disposals of public conservation land (PCL); only land of no or very low conservation value can be exchanged or disposed of. As a result, the conservation estate cannot be optimally maintained, with DOC retaining land that is no longer needed for conservation purposes. This includes having limited ability to exchange such land for new sites with higher biodiversity values that warrant DOC protection and management.

This Regulatory Impact Statement (RIS) assesses proposals to enable greater flexibility for the Government to consider exchange or disposal of PCL where it makes sense for conservation. The options proposed in the RIS broaden categories of land eligible to be exchanged or disposed of, and introduce strengthened tests, processes and safeguards. The overarching objective is to support more responsive land management while maintaining robust protection for areas with high conservation values.

Key elements of the options assessed in this RIS include:

• expanding eligibility for exchanges and disposals beyond stewardship land and marginal strips
• introducing new tests, such as a net conservation benefit test for exchanges, and new mandatory considerations for determining when land may be exchanged or disposed of
• establishing safeguards, including exclusions for specific land classifications, to prevent the loss of highv-alue‑ conservation areas
• introducing new process requirements for both exchanges and disposals, including requirements to consult with relevant iwi.

If the current settings remain unchanged, DOC will continue to be unable to exchange or dispose of PCL in circumstances where doing so would deliver a clear benefit for conservation.