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Indigenous biodiversity

Integrated management

Resource Management Act 1991 Part 2 matters addressing aspects of biodiversity

The following sections in Part 2 of the Act are relevant to local authority functions for indigenous biodiversity:

“5 Purpose

(1)   The purpose of this Act is to promote the sustainable management of natural and physical resources.

(2)   In this Act, sustainable management means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety while—

(a)   sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and
(b)   safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and
(c)   avoiding, remedying, or mitigating any adverse effects of activities on the environment.

6 Matters of national importance
In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for the following matters of national importance:

(a)   the preservation of the natural character of the coastal environment (including the coastal marine area), wetlands, and lakes and rivers and their margins, and the protection of them from inappropriate subdivision, use, and development:

(c)   the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna:

7 Other matters
In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to—

(c)   the maintenance and enhancement of amenity values:
(d)   intrinsic values of ecosystems:

(f)    maintenance and enhancement of the quality of the environment:

(h)   the protection of the habitat of trout and salmon:”

Section 2 defines ‘intrinsic values’ in relation to ecosystems as:
“[T]hose aspects of ecosystems and their constituent parts which have value in their own right including:

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Table 1: Primary functions and powers of local government that affect biodiversity

Statute

Regional council functions, powers>

Territorial authority functions, powers and responsibilities

Resource Management Act 199 Control use of land for the purpose of: maintaining and enhancing ecosystems in water bodies and coastal water (s30).
Establishing, implementing and reviewing objectives, policies and methods for maintaining indigenous biological diversity (s30).
Prepare regional policy statement, regional plans.

Control any actual or potential effects of the use, development, or protection of land, including for the purpose of maintaining indigenous biodiversity (s31).
Prepare district plan.
Control activities on surface of water.
Control noise (for example, from bird scarers).

Local Government Act 2002

Prepare long-term community consultative plans and annual plans.
Manage water supply catchments (exceptions).
Power to acquire land for regional parks.

Prepare long-term community consultative plans and annual plans.
Manage water supply catchments.

Wellington Regional Water Board Act 1972

Manage land and catchments in Wellington Region.

 

Local Government Act 1974

 

Construct, upgrade, repair roads (Part 21).
Alter course, level, width or close roads (Part 21).
Subject to Resource Management Act 1991.
Councils can make, maintain, alter, repair or enlarge drainage channel or land drainage works (Part 29).

Land Drainage Act 1908

Drainage boards maintain, deepen, widen, straighten or divert drains (includes all natural water courses excluding navigable rivers).
Every local authority that is not within a drainage district can exercise the powers of a drainage board (s61).

 

Soil Conservation and Rivers Control Act 1941

Catchment boards have powers to:

  • construct, reconstruct, alter, repair and maintain all works considered necessary to control or regulate the flow of water towards, into, within and from watercourses
  • prevent or lessen overflow of banks and erosion
  • maintain watercourses and defences; deepen, widen, straighten, divert or make new watercourses.

 

Reserves Act 1977

 

Management of scenic, recreational and local purpose reserves (including esplanade reserves) with biodiversity values. This can include management on behalf of the Crown.

Biosecurity Act 1993

Prepare and administer regional pest management strategies.
Monitor and undertake surveillance for pests.

Act as management agency under a pest management strategy.

Waitakere Ranges Heritage Area Act 2008

Special provisions to supplement existing statutes for managing the Waitakere Ranges.

Special provisions to supplement existing statutes for managing the Waitakere Ranges.

Hauraki Gulf Marine Park Act 2000 (HGMPA)

Section 10 states that the HGMPA is to be treated as a New Zealand coastal policy statement.
Section 8 of the HGMPA addresses the management of the Hauraki Gulf.

Territorial authorities must ensure that plans do not conflict with s7, which recognises the national significance of the Hauraki Gulf) and s8 (which addresses the management of the Hauraki Gulf), as these sections have the force of a national policy statement.

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Table 2: Primary biodiversity functions, powers and responsibilities of the Department of Conservation

Statute

Main functions, powers and responsibilities

Conservation Act 1987

Manage all land resources held under the Act for conservation purposes.
Preserve indigenous fisheries and protect freshwater fish habitats.
Advocate for conservation of natural resources.
Prepare conservation management strategies for all natural resources, areas and species administered by the Department.

Reserves Act 1977

Manage the majority of lands of the Crown held under the Reserves Act.
Ministerial approval required for a number of activities on reserves not managed by the Department.

National Parks Act 1980

Manage national parks to achieve the purpose of the Act.

Marine Reserves Act 1971

Manage marine reserves to achieve the purpose of the Act, which is to preserve for “scientific study of marine life, areas of New Zealand that contain underwater scenery, natural features, or marine life, of such distinctive quality, or so typical, or beautiful, or unique, that their continued preservation is in the national interest”.

Wildlife Act 1953

Manage wildlife sanctuaries, wildlife refuges and wildlife management reserves.
All wildlife as defined in the Act is protected throughout New Zealand and the Exclusive Economic Zone except for species listed in specified schedules. This excludes introduced species, fish, almost all marine species and most insects.

Trade in Endangered Species Act 1989

Investigate species threatened by trade.
Execute a wide variety of powers relating to the implementation of the Act.
Fulfil New Zealand’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Marine Mammals Protection Act 1978

Manage marine mammal sanctuaries.
Act protects marine mammals.

Wild Animal Control Act 1977

Includes coordinating the policies and activities of departments, local authorities and landowners in relation to the control and eradication of any species of wild animal (pest species).

Native Plants Protection Act 1934

Provides for the Governor-General to declare any native plant to be protected. It is an offence to take such a plant on public land or from private land without landowner permission.

Resource Management Act 1991

The preparation and recommendation of New Zealand coastal policy statements under s57.
The approval of regional coastal plans in accordance with Schedule 1.
The monitoring of the effect and implementation of New Zealand coastal policy statements and coastal permits for restricted coastal activities.
Impose controls (including terms, standards and restrictions) on a recognised customary activity.

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Table 3: Selection of national organisations that are not established by statute

Organisation

Primary activities

New Zealand Landcare Trust and Landcare groups

New Zealand Landcare Trust facilitates sustainable land management and biodiversity initiatives with rural communities. Regional coordinators work with groups around the country, providing support and information to assist them manage their land more sustainably. Landcare groups are groups of people who join together to work on land management issues in their local area.

National Wetland Trust of New Zealand

Aims to increase public knowledge and appreciation of wetland value and to increase understanding of wetland functions and processes. Also aims to ensure landowners and government agencies commit to wetland protection, enhancement and restoration.

Ducks Unlimited New Zealand

Dedicated to wetland and waterfowl conservation. Aims to deliver effective wetland restoration and development along with research, education and advocacy.

Royal Forest and Bird Protection Society of New Zealand

A society that aims to preserve and protect the native plants and animals and natural features of New Zealand and is active on a wide range of conservation and environmental issues. Is involved in advocacy and lobbying work at all levels of government.

New Zealand Ecological Society

A society formed to promote the study of ecology and the application of ecological knowledge. Attempts to encourage ecological research, increase awareness and understanding of ecological principles, promote sound ecological planning and management of the natural and human environment and promote high standards both within the profession of ecology by those practising it, and by those bodies employing ecologists.

New Zealand Freshwater Sciences Society (previously New Zealand Limnological Society)

A society that aims to establish effective liaison between all people interested in any aspect of fresh and brackish water research in New Zealand, and to encourage and promote these interests.

New Zealand Botanical Society and regional societies

Societies of professional and amateur botanists who undertake research, field work, publication and advocacy. Provide botanical expertise and advocate for the conservation and protection of New Zealand native plants.

Ornithological Society of New Zealand and regional branches

Societies of professional and amateur ornithologists. Aim to encourage, organise and promote the study, knowledge and enjoyment of birds and their habitat use particularly within the New Zealand region. Provide ornithological expertise to assist the conservation and management of birds.

New Zealand Plant Conservation Network

Organisation that aims to protect and restore New Zealand’s indigenous plant life and their natural habitats and associated species through dissemination of information about indigenous plant species and communities. Also undertakes conservation activities and runs training programmes to protect threatened plants and communities.

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Recent degradation of the water quality and habitats of Lake Taupo

The recent degradation of the water quality and habitats of Lake Taupo from nutrient enrichment was primarily initiated by the clearance of up-catchment forests and their development and topdressing for pastoral farming in the 1950s and 1960s. Because the leached excreta was stored and transported in very deep groundwater and aquifers, it did not reach the lake for 20 to 40 years and emerged up to 30 kilometres from its source. Lessons from Taupo show that early management of resources entailing a collaboration between local, regional and central government is needed to be effective and can reduce costs in the medium to long term.

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