Wildlife requirements: Transport Orders in Council

Wildlife requirements apply for all wildlife, but standard conditions are provided for work involving bats, frogs, lizards, kiwi and kōkako.

Native bats/pekapeka

Bats are New Zealand's only native land mammals. They are in danger of extinction if we don't protect them. There are two species of bats in New Zealand: the long-tailed bat and the lesser short-tailed bat.

If bats or bat roosts are identified as part of the Ecological Scoping Survey, or found during construction works, agencies must:

Appoint a biologist, approved by DOC, to develop a Bat Management Plan
Follow the Bat Management Plan
Follow DOC’s Protocols for minimising the risk of felling bat roosts
Follow specific procedures if bats are found unexpectedly (despite the Bat Management Plan)
Report to DOC with bat monitoring data after tree felling, and when requested by DOC.

The Bat Management Plan must provide for:

Works involving bats and roost sites to be planned by, or under the direct supervision of, a suitably experienced biologist, and in consultation with the Department of Conservation.
If any bat is killed or injured by construction works, or if any vegetation is removed and on inspection bats are found in it during or post felling:
- Works must cease immediately on sighting the bat(s); and
- Injured bats must be taken to a suitable veterinarian (approved by DOC) for triage and care; and
- The agency must report any death or injury within 48 hours to DOC; and
- A review of the Bat Management Plan must be undertaken in conjunction with DOC, and a process to minimise any further killing or injury must be agreed and implemented prior to works recommencing.
Bats confirmed by the veterinarian as healthy may be released by a chiropterologist appointed by the agency, provided that the bats are:
- Only liberated in an area where works are not occurring; and
- Are liberated into an appropriate habitat as determined by the qualified expert at least one hour after dusk and before midnight; and
- Are liberated in approximate environmental conditions: little to no rain with temperatures above 12 degrees Celsius.
The agency must ensure that all supervisors, managers, and others in a leadership capacity carry a copy of these conditions and “Protocols for minimising the risk of felling bat roosts” at all times and comply with the conditions and protocols.

Lizards

New Zealand has 126 species of native lizard (geckos and skinks) and new species are still being discovered. All native lizards are fully protected under the Wildlife Act 1953. The invasive pest 'plague skink' is also found in the area covered by the Orders and it is desirable that lizard salvage doesn't spread it further.

If lizards are identified as part of the Ecological Scoping Survey, or found during construction works, agencies must appoint a herpetologist, approved by DOC, to develop a Lizard management Plan.

The Lizard Management Plan must follow the DOC Guidelines and model for producing management plans for New Zealand lizards.

There are specific requirements for lizard salvage, mitigation and habitat enhancement, capture and handling, and salvage reporting.

A herpetologist is required to manage and undertake salvage, and advise on capture, handling, and relocation.

These requirements are laid out in the full text of the Order in Council.

Native frogs

Two native frog species occur in the area covered by the Orders, last assessed in 2017 as Threatened and At Risk:

Archey's frog
Hochstetter's frog.

The Orders in Council require Waka Kotahi and KiwiRail to meet specific requirements to minimise potential harms to native frogs.

The frog hygiene protocol must be complied with. Hygiene is essential to manage the risk of spreading the fungal disease chytridiomycosis, which has severely affected amphibian species worldwide.

There are specific, detailed requirements for:

frog salvage
native frog capture and handling
native frog euthanasia
reporting conditions for survey and salvage of frogs

A herpetologist authorised by DOC is required to manage and undertake salvage, handling, and where any frogs are found injured.

These requirements are laid out in the full text of the Order in Council.

Frog hygiene protocol

Site hygiene

All footwear, packs, rainwear and gaiters must be cleaned, disinfected (see Table 1) and dried between sites.
All clothing must be freshly laundered using hot water or Trigene (including outer clothing) between sites.
All frog handling/measuring equipment must be disinfected between sites.
Footwear and gaiters must be cleaned and disinfected at the point of entry to a frog field site.
Wherever a chemical disinfectant is used (eg Trigene, bleach, F10) this must be rinsed off after the disinfection time. Ethanol can be air dried.

Frog handling hygiene

A new glove(s) must be used for catching and handling each frog (the same glove can be re-used on the same frog if that glove remains isolated from other frogs and/or their body fluid).
Each frog must be held in a separate plastic bag (one plastic bag is used per capture and then disposed of).
Each frog must be weighed and measured in the plastic bag.
If frogs are too small to be measured then callipers should be disinfected between frogs using alcohol wipes (air dry before measuring next frog)
A new stage platform cover must be used for photographing each frog.
All stage platform covers must be soaked in 70% ethanol for 30 minutes and air dried between frogs.
Covers are disinfected daily, sufficient covers must be available for each night so that a clean one can be used for each frog.
If there are not sufficient covers then they must be cleaned with alcohol wipes and air dried between frogs.
The mirror stage must be disinfected with either 70% ethanol (and air dried) or Trigene or similar product (rinsed thoroughly and air dried) between sites, and wiped with alcohol wipes or 70 % ethanol between successive nights at the same site.
Minimise handling time to reduce stress and to avoid side effects of stress.
Sick or dead frogs should be collected and held separately from all other frogs until delivered to the appropriate recipient. All equipment should be thoroughly cleaned and disinfected after use.
Wherever a chemical disinfectant is used (eg Trigene, bleach, F10) this must be rinsed off after the disinfection time. Ethanol can be air dried.

Table 1: Disinfection strategies for frog field studies (minimum times and concentrations) - see Schedule 5: Frog protocol pp 11-12 (PDF, 600K)

Kiwi

All activities must be carried out as per the latest Kiwi Best Practice Manual (PDF, 530K).

Kiwi must only be captured using the assistance of a contracted certified kiwi dog handler.

Kōkako

If nesting kōkako or kōkako nests are detected in the project area the agency must stop work immediately and notify DOC within two hours of sighting the kōkako.

Subsequent actions are to be developed in consultation with DOC.

A nesting kōkako can be identified by following any kōkako for up to two hours continuously to see if it goes to a nest.

The conditions in full.

Kauri dieback and myrtle rust

Kauri dieback and myrtle rust are serious, invasive, diseases which harm precious and iconic native species. Controlling these diseases is very important to protecting New Zealand’s biodiversity.

Conditions of the Orders in Council state that the spread of both diseases must be prevented to the extent reasonably practicable.

Specific biosecurity measures must be taken by agencies when the ecological scoping survey identifies the presence or possible presence of kauri dieback or myrtle rust.

Kauri dieback

All vehicles and equipment, including clothing, must be thoroughly cleaned of all visible soil. Footwear once cleaned must be sprayed with Sterigene solution before entering and when moving between areas where there are kauri.

Myrtle rust

A suitably qualified and experienced expert must be appointed to complete a scoping survey to identify:

whether plants that can be affected by myrtle rust are present
whether any of those plants are affected by myrtle rust.

If plants that can be affected by myrtle rust are identified in the scoping survey, all personnel on the project site must be familiar with plants affected by myrtle rust and able to identify myrtle rust signs.

If plants that are affected by myrtle rust are identified in the scoping survey or during the project, the Agency must:

contact MPI to report the discovery of myrtle rust, and comply with any requirements imposed by MPI
immediately bag any clothing or materials that have come into contact with the affected plant or plants
avoid any disturbance or handling of the affected plant or plants (including sample collection).

The conditions in full.

General conditions for wildlife

Agencies must comply with the general conditions for wildlife in the Orders at all times. These conditions are:

Procedure for incidental discovery of significant wildlife

Agencies must have a procedure for incidental discovery of significant wildlife not identified in the Ecological Scoping Survey or the Ecological Effects Assessment. The procedure must include immediately notifying the Department of Conservation of the discovery of any significant wildlife, and following the directions given by the Department.

Depending on the species of wildlife identified, DOC may assist the agency to take appropriate action to relocate the wildlife, or may require the agency to:

appoint an expert to develop a management plan for the discovered species,
make an application for authority or consent under section 53 or 71 of the Wildlife Act.

The procedure must also include steps the agency will follow if wildlife is found as part of indigenous woody vegetation management.

Indigenous woody vegetation management

When felling indigenous woody vegetation, agencies must:

move the vegetation a minimal distance outside the project footprint to a location of similar indigenous woody habitat.
before mulching felled indigenous woody vegetation, identify, catch, and remove any native lizards and At Risk or Threatened invertebrates that are within the vegetation.

Salvage, capture, handling, and relocation of native lizards and frogs, and at-risk or threatened invertebrates

Agencies must only release native lizards, frogs, and At Risk or Threatened invertebrates into sites:

of similar or better habitat than the source location, and capable of supporting that lizard, frog, or invertebrate; and
that is within 500 m of the project footprint (or other release sites if approved by DOC); and
where the habitat for that lizard, frog, or invertebrate has been enhanced and approved by DOC before relocation.

Salvage, capture, handling, and relocation of native lizards, frogs, and At Risk or Threatened invertebrates must be supervised by qualified and experienced experts. These experts should be at the on-site induction before construction work commences (except where the animals are found as part of the incidental discovery protocol).

Where any lizards, frogs, or invertebrates are relocated, the agency must submit a salvage report to DOC. The salvage report must include:

the species, and number of each species, of lizards, frogs, and invertebrates captured and released
the GPS location, or a detailed map, or both, of the collection points and release points
copies of any permits for those species
results of all surveys and monitoring.

The Agency must send completed amphibian and reptile distribution system (ARDS) cards for all herpetofauna sightings and captures to DOC, within one week of the sighting or capture.

Injury and euthanasia of significant wildlife

If significant wildlife is injured in the course of the project, the Agency must:

immediately address the injury; and
rehabilitate the wildlife, in consultation with DOC.

The Agency must not euthanise an injured animal that is significant wildlife unless:

a veterinarian recommends euthanasia on animal welfare grounds; or
the Agency euthanises the animal under direction of DOC.

Bats must only be euthanised by a veterinarian.

The Agency must notify DOC within 48 hours of euthanising significant wildlife, and advise the species euthanised and the personnel involved in the euthanising.

Death of protected wildlife during course of project

If protected wildlife is killed during the course of the project, the Agency must:

inform DOC within 24 hours; and
comply with any requirements imposed by DOC. If DOC requires the animal to be sent for necropsy, this may include:
- chilling the body if it can be delivered for necropsy within 72 hours:
- freezing the body if delivery for necropsy will take longer than 72 hours:
- ceasing the project for a period agreed by DOC and the Agency.