
Last November, the Minister of Conservation, Tama Potaka, called for public feedback on two discussion documents that include proposals to change the management of the conservation system, and to consider implementing fees for access to certain areas of the conservation estate.
We have until 5 pm Friday, February 28 to have a say.
The documents are:
- Modernising conservation land management; and
- Exploring charging for access to some public conservation land
Key points are summarised below. Full details on the proposals can be found at: ‘Modernising conservation land management and Exploring charging for access to some public conservation land
The public are invited to have a say on the proposals, closing Friday 28th February
MODERNISING CONSERVATION LAND MANAGEMENT
The purpose of this initiative is to not only streamline concessions and planning processes, and to enable more flexibility around land exchange and disposals, but also to facilitate the inclusion of iwi in the management of conservation land.
The Government wants to support effective implementation of section 4 of the Conservation Act by clarifying its application to concessions and management planning. To achieve this, many proposals in the discussion document include specific requirements with the intention of giving effect to Treaty principles. Additionally, the intention is to uphold Treaty of Waitangi settlement commitments, protocols, relationship agreements and other agreements with iwi, and any rights under the Marine and Coastal Area (Takutai Moana) Act 2011 (and Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019). These can include management planning, concessions and land management commitments.
Streamlining the planning processes
The Government plans to replace the two national-level policies – i.e. the Conservation General Policy and the General Policy for National Parks – with a single National Conservation Policy Statement (NCPS) (Part 5.1.1)
Iwi are to be engaged throughout the process when developing and reviewing the National Conservation Policy Statement.
Underneath the NCPS is proposed a single layer of area-based plans. These area plans would provide local direction on how the NCPS applies at a given place. Relevant iwi would be involved in the drafting, public notification and revision stages when developing and reviewing these area plans. (Part 5.3.2)
Streamlining concessions
To speed up and simplify the concessions process, the Government proposes introducing a range of time frames for concessions processes, including for relevant iwi/hapu to provide any views on an application. The government also aims to clarify and provide certainty about the Department of Conservation’s Treaty obligations for concessions. Following the outcome of the Ngāi Tai ki Tāmaki Tribal Trust court case in 2018, it looks highly likely that iwi applicants for concessions will have advantages other companies do not have. The Supreme Court said that in some circumstances, giving effect to the Treaty principle of active protection requires decision-makers to consider extending a degree of preference to Iwi as well as looking at the potential economic benefit of doing so.
N.B. Seeking ‘the views of Treaty partners on all applications’ (6.2) is concerning as it ignores commercial sensitivities, allowing for vetoes or unfair competitive advantage to Māori-identifying organisations. Also of concern is the criteria for granting concessions which ‘includes requiring the decision-maker to consider how applicants would recognise Treaty rights and interests’ (7.1) and other race-based narratives/relationships (7.1.3).
Allowing more flexibility around land exchange and disposals. (Part 9)
A land exchange is the exchange of land between two parties: the Crown and a private landowner. A land disposal is the transfer of land ownership from the Crown to another party. Currently, disposals are only allowed if the land is of ‘no, or very low’ conservation value.
The Government is proposing changes that would make it easier to swap/dispose of public conservation lands. For instance, land exchange settings could be adjusted to support other government priorities “while providing a net conservation benefit”.
Additionally, land disposal settings could also be adjusted to support cases where they can support positive conservation outcomes. “For example, there may be small parts of PCL where the costs of maintenance and/or compliance (e.g. fire risk) draw resources away from better investments on other PCL” (9.1)
Feedback is also sought on whether ‘sites of significance’ on public conservation land should be returned to iwi.
Full details on the proposals can be found at: ‘Modernising conservation land management’
Public feedback is welcome. Submissions close 5 pm February 28th.
You can have your say by:
- completing the survey on the government website at: www.doc.govt.nz/modernising-conservation-land-management-consultation, or
- emailing your submission to: [email protected]. or:
- mailing your submission to: Department of Conservation 18 – 32 Manners Street PO Box 10420, Wellington 6140
EXPLORING CHARGING FOR ACCESS TO SOME PUBLIC CONSERVATION LAND
The second discussion document explores charging for access to some public conservation land. The Government is seeking public feedback on whether access charges are a good idea. The main design principles for an access charge, include:
- Who should be charged (Part 5) – New Zealand visitors, international visitors, or both? What discounts should apply?
- Where access charges should be used (Part 6) – what ‘type of places’ on public conservation land would be suitable for access charging, and should any be excluded?
- How the money should be used (Part 7) – should a reasonable proportion of the access charge revenue be spent on the place where it was charged?
The Government is also seeking feedback on how best it can meet its Treaty obligations in designing and implementing access charging.
One question raised is whether it should be permissible to charge for access to public land with conservation values that is administered by organisations such as councils, not-for-profit groups, and Iwi. (Part 9)
Full details on the proposals can be found at:
Exploring charging for access to some public conservation land
Submissions close at 5 pm February 28th
How to comment on the discussion document. You can have your say by:
- completing the survey on the government website at: www.doc.govt.nz/access-charging-consultation.
- emailing your submission to: [email protected].
- mailing your submission to: Department of Conservation 18 – 32 Manners Street PO Box 10420, Wellington 6140
For a summary of the consultation questions see: https://www.doc.govt.nz/globalassets/documents/getting-involved/consultations/2024/access-charging/exploring-charging-for-access-to-some-public-conservation-land-discussion-document.pdf
The Government is aiming to pass a Conservation Amendment Bill by the end of the current parliamentary term.
Media release by Minister of Conservation Tama Potaka:
New priorities to protect future of conservation 3 September 2024
Media coverage
Otago Daily Times: Doc faces 30% shortfall in funding huts and tracks