Image: David Cook Wildlife Photography. | ©
North Island kōkako.
Notice of work/waiver
The transport Orders in Council modify sections 53 and 71 of the Wildlife Act.

Within the state highway legal boundary and on railway land where significant cultural, historic and ecological values have not been previously identified, permissions will not be required but agencies will need to comply with conditions in the Orders.  

This also applies where no significant wildlife (which includes taonga species) has been identified by the Agency before the ecological scoping survey (required by clause 5 of Schedule 4) is completed. Agencies need to comply with the conditions set out in Schedule 4 to the Orders in Council. These include: 

  • the requirements to be followed if significant wildlife is discovered during construction works
  • any adverse effects on taonga species known or predicted to be in the area are avoided, remedied, or mitigated
  • a written summary of all works is provided to DOC two months after construction works are completed. 

Process for a Notice of Works

The agency must undertake the ecological scoping survey required in clause 5 of Schedule 4 and consult with iwi, hapū and whānau to find out if there are any taonga species in the area. 

If no significant wildlife is identified through these processes, or has previously been drawn to the agency’s attention by DOC, the agency must give a Notice of Work to DOC with the following information: 

  • a description of the recovery work intended to be carried out
  • a description of the site where the work is to occur, including a map
  • an assessment (which may be a desktop assessment) of the potential adverse effects of the work with input from appropriate experts and including an assessment of all reasonably available information concerning those effects
  • a report on the consultation undertaken in relation to the work, which must include: 
    • the names and contact details of Māori entities the Agency engaged with
    • the names of entity representatives who attended the meetings, and the dates of those meetings
    • a summary of the meeting discussions, including any concerns raised about the potential adverse effects of the proposed recovery work on taonga species known or predicted to be in the area
    • the Agency’s responses to any concerns raised
    • confirmation that the Māori entities the Agency engaged with have been notified in writing that the requirement for authority or consent under section 53 or 71 of the Act for the work will be waived if the requirements of the Order are met, and no further consultation will be undertaken.  

The Notice of Work must be given to DOC not less than 20 working days before the construction works will start.

Application

Within 50m of the legal road boundaries, or within 50 m of the rail corridor boundaries, and within 500 m of the old rail corridor at Awatoto and in the Esk Valley, agencies need to apply for permission if significant wildlife may be affected by the recovery works.  

Application process

Applications for authority or consent must include:

  • a description of the proposed activity, including:
    • a description of the recovery work
    • the type of authority or consent the agency is applying for
    • the places where the proposed activity will be carried out, including:
      • proposed release sites
      • the legal status of all relevant places
      • restricted lands to which access is required
      • maps
    • the proposed duration of the proposed activity, and the reason for the proposed duration
    • wildlife species known or predicted to be in the area, including taonga species and protected wildlife, and how the project will affect any species listed in the New Zealand Threatened Species Classification, and the threat status of those species
    • specific actions in relation to wildlife for which authority or consent is sought
    • the names of supervising experts requiring approval under conditions in Schedule 4
    • draft management plans and other matters required to implement conditions in Schedule 4
  • an assessment of the potential effects of the proposed activity on wildlife, including: 
    • measures, including project design and sequencing, proposed to avoid, minimise, or mitigate adverse effects on wildlife
    • measures proposed to address any impacts on taonga species, as agreed during consultation with iwi
  • details of any consultation in addition to that required by Schedule 4: 
  • relevant information relating to the applicant, including any information relevant to the applicant’s ability to meet the requirements of relevant conditions in Schedule 4. 
  • a report on iwi consultation undertaken in relation to the proposed recovery work. This report must include: 
    • the names and contact details of Māori entities the Agency engaged with; 
    • the names of entity representatives who attended the meetings, and the dates of those meetings; 
    • a summary of the meeting discussions, including any concerns raised about the potential adverse effects of the proposed recovery work on taonga species known or predicted to be in the area; 
    • the Agency’s responses to any concerns raised. 

For an application for consent under section 71, the application must also include: 

  • how the project is consistent with the purpose and objectives of the relevant empowering legislation under Schedule 9 of the Wildlife Act 1953; and 
  • whether and how the project is considered to be of national importance; and 
  • how the project will affect any species listed in the New Zealand Threatened Species Classification and the threat status of those species; and 
  • measures proposed to avoid or minimise adverse effects on protected wildlife (for example, project design and sequencing).