The Legislative Basis for the New Zealand Conservation Authority’s submission

The New Zealand Conservation Authority/Te Pou Atawhai Taiao o Aotearoa (Authority, NZCA) was established under the Conservation Act 1987 (Act), with members appointed by the Minister of Conservation. It is an independent statutory body with a range of functions, but primarily acts as an independent conservation advisor to the Minister and the Director-General of Conservation.

The Authority as a statutory body provides 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 include the development, approval and implementation of conservation management strategies and national park management plans.

The Authority has an obligation under Section 4(2)(b) of the National Parks Act 1980 (National Parks Act) that states that:

Except where the Authority shall otherwise determine, the native plants and animals of the parks shall as far as possible be preserved and the introduced plants and animals shall as far as possible be exterminated.

The Conservation Act 1987 and all Acts listed in its First Schedule, which includes the National Parks Act 1980, must be so interpreted and administered as to give effect to the principles of the Treaty of Waitangi (Section 4).

NZCA Submission

Game Animal Council (Herds of Special Interest) Amendment Bill

The amendment being proposed to the Game Animal Council Act 2013 (GAC Act) also makes a significant change to the National Parks Act (by way of overriding specific clauses) for which the New Zealand Conservation Authority has responsibility.

The Game Animal Council (Herds of Special Interest) Amendment Bill amends the GAC Act to clarify that the requirement in section 4(2)(b) of the National Parks Act 1980 to exterminate introduced animals as far as possible (unless the New Zealand Conservation Authority otherwise determines) does not apply to herds of special interest designated under section 16 of the Game Animal Council Act 2013. The Bill ensures that there is no requirement to exterminate valued introduced species that have been designated as herds of special interest, and gives the Minister the power to make a designation in contradiction to the National Parks Act.

Specifically;

4 Section 16 amended (Minister may designate herds of special interest) After section 16(3) insert:

(3A) If a herd of special interest is designated in a national park, section 4(2)(b) of the National Parks Act 1980 does not apply to that herd.

(3B) To avoid doubt, section 4(2)(b) of the National Parks Act 1980 does not limit the Minister’s power to make a designation under subsection (1).

NZCA comments on the proposed amendment

The proposed amendment is in contradiction to long-standing legislation and statutory provisions designed to protect New Zealand’s most treasured conservation lands and waters, namely National Parks.

Protection of the value of National Parks is a primary responsibility of the New Zealand Conservation Authority – the species that inhabit them, their cultural, spiritual, and recreational values and the ecological functions and services they provide – including carbon storage. The Authority is concerned that this proposed amendment erodes its responsibilities without specific consultation with the Authority.

The Authority also considers that underfunding of the Department of Conservation by successive governments over a number of years has led to a reliance on groups such as the Fiordland Wapiti Foundation to undertake conservation on behalf of the Department.

Review of conservation legislation

The Authority has advocated to respective Ministers of Conservation over an extended period, that a review of conservation legislation is overdue. This amendment proposes a change to the National Parks Act without addressing the act as a whole.

The Authority would welcome the opportunity to have public discussions on challenging issues that are facing us now, that are not adequately dealt with in the current legislation. A legislative review conducted in a comprehensive manner would be very beneficial – but not incremental amendments such as proposed in the GAC Amendment bill.

Establishment of a Herd of Special Interest in National Parks

This amendment is being introduced to enable the establishment of a Herd of Special Interest (HOSI) in Fiordland National Park, a UNESCO World Heritage Area.

While the Amendment Bill does not make direct reference to Fiordland, the recognition of both wapiti and sika deer and progress on the designation of these herds is clearly a driver for this proposed amendment.

The Authority is concerned about the potential implications for other wild animal herds in National Parks, such as Whitetail deer in Rakiura National Park and Himalayan Tahr in Aoraki Mt Cook and Westland National Parks.

Establishing and maintaining a HOSI in an area that has been nationally and internationally recognised for its natural values undermines the value of these designations.

Under existing law, it is entirely possible to have a HOSI outside a national park. It may be possible to have a HOSI inside a national park, provided that the Authority is satisfied that it should determine that introduced species do not need to be exterminated as far as practicable.

Such a decision would have been possible, provided it was consistent with the overall purpose of the National Parks Act. The Authority was never given the opportunity to make that decision.

The proposed amendment to the GAC Act will have implications beyond the current situation that it is intended to address. Both the management of game animals in New Zealand and the protection of the values of National Parks require a more integrated and considered approach which fundamentally must also address responsibilities to Treaty partners.

Contribution of hunters to conservation outcomes

The Authority recognises the valuable contribution of hunters to conservation outcomes and respects the work of the Fiordland Wapiti Foundation and supports the continuation of the Fiordland Wapiti Foundation’s work. We consider this could continue without the HOSI designation.

Responsibilities to Treaty partners

The Authority is concerned that iwi rights, responsibilities, and values with respect to National Parks are upheld – and it is not clear that this is consistent with the proposed amendment.

In the case of the proposed HOSI of wapiti in Fiordland National Park, we understand that Ngāi Tahu, mana whenua to the area is opposed to the establishment of the HOSI. We consider that the establishment of a HOSI in the Fiordland NP opens the door for HOSI in other national parks in the takiwa of Ngāi Tahu.

Recommendation

The Authority recommend rejection of this amendment.

We recommend instead that testing of the HOSI principle in areas outside National Parks to establish their effectiveness be considered. A trial should be conducted in a considered manner with evaluation of the impacts on environmental, community, cultural and recreational outcomes undertaken.

The Authority wishes to be heard in regard to its submission.