New Zealand has particularly high levels of biodiversity but a Our Biodiversity Treasuring very poor record of conserving it. This Guide is designed to assist people who want to achieve better biodiversity outcomes as well as those whose activities impact on New Zealand’s indigenous habitats and species. The Guide describes the legal and voluntary tools which Treasuring are available to protect biodiversity and opportunities for public involvement in their deployment. It identifies elements of ‘good practice’ and how they can be implemented on the Our Biodiversity ground. It also has specific chapters addressing biodiversity in indigenous grasslands, forests, productive land, freshwater, An EDS Guide to the protection of New Zealand’s urban environments, wetlands, coastal areas and the sea. This book is an invaluable resource for anyone concerned indigenous habitats and species with managing and protecting biodiversity, including landowners, community groups, local authorities, developers and planners. This Guide is well tailored to the lay audience and to the requirements of landowners, farmers and community groups. The way the Guide is structured is an easy way for landowners to engage with the document. They can cut to the chase and get the basic information for each chapter quickly and simply. Lucy Brake and Raewyn Peart NICK EDGAR, CEO, LANDCARE TRUST LUCY BRAKE is an environmental writer with a post graduate qualification in environmental science. She has an extensive background in resource management consultancy and has supported community groups to protect and conserve biodiversity. RAEWYN PEART is the Environment Defence Society’s Policy Director. She holds degrees in psychology, law and commerce and has over 20 years’ professional experience in environmental law and policy. Raewyn has published widely on environmental management issues. ISBN 978-0-9876660-0-0 Lucy Brake and Raewyn Peart ENVIRONMENTAL DEFENCE SOCIETY 9 780987 666000 Treasuring Our Biodiversity An EDS Guide to the protection of New Zealand’s indigenous habitats and species Environmental Defence Society Publications EDS Guide Series Strengthening Second Generation Regional Policy Statements (2011) Managing Freshwater (2010) Managing the Marine Environment (2010) The New Zealanders’ Guide to the Resource Management Act 1991 3rd edition (2008) in association with Craig Potton Publishing The Community Guide to Landscape Protection under the Resource Management Act 1991 (2005) The Community Guide to Coastal Development under the Resource Management Act 1991 (2005) Landscape Planning Guide for Peri-urban and Rural Areas (2005) Other publications Wonders of the Sea: The Protection of New Zealand’s Marine Mammals (2012) Safeguarding our Oceans: Strengthening Marine Protection in New Zealand (2012) Governing our Oceans: Environmental Reform for the Exclusive Economic Zone, EDS Policy Paper (2011) Improving Environmental Governance: The role of an Environmental Protection Authority in New Zealand, EDS Policy Paper (2009) Building Castles in the Sand: The Transformation of New Zealand’s Coast (2009) in association with Craig Potton Publishing Beyond the Tide: Integrating the Management of New Zealand’s Coast 2nd edition (2009) Beyond the RMA: An In-depth Exploration of the Resource Management Act 2001 (2007) Looking Out to Sea: New Zealand as a Model for Oceans Government (2005) A Place to Stand: The Protection of New Zealand’s Natural and Cultural Landscapes (2004) Reclaiming our Heritage: The New Zealand Landscape Conference (2003) Ordering publications Publications can be ordered online at www.eds.org.nz, by phone at +64 9 835 4350 or by writing to: Environmental Defence Society Incorporated P O Box 95 152 Swanson Auckland 0653 New Zealand Treasuring Our Biodiversity An EDS Guide to the protection of New Zealand’s indigenous habitats and species Lucy Brake and Raewyn Peart First published 2013 Published by: Environmental Defence Society Incorporated P O Box 95 152 Swanson Auckland 0653 New Zealand Phone (09) 835 4350 [email protected] www.eds.org.nz www.rmaguide.org.nz ISBN 978-0-9876660-0-0 This book is copyright. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act, no part may be reproduced by any process without the permission of the publishers. © Environmental Defence Society Incorporated 2013 Artwork: Neale Wills – Wilsy Design & Production Cover image: New Zealand bush (Source: Neale Wills) contents xviii Figures xxviii Acronyms and abbreviations xxix Preface xxxi Acknowledgements Part One – Overview of biodiversity management in New Zealand 3 One – Introducing New Zealand’s biodiversity 4 Evolution of an isolated world 5 A legacy of loss 6 Valuing biodiversity 7 Our biodiversity under threat 8 Habitat destruction 8 Invasive species 8 Climate change 9 Indigenous forests 9 Indigenous grasslands 9 Wetlands 9 Productive land 10 Urban environments 10 Freshwater 11 Coastal 11 Marine 12 Summary 12 References and further reading 15 Two – Biodiversity policy framework 17 International policy framework 18 Convention on Wetlands of International Importance Contents v 19 World Heritage Convention 21 Convention on International Trade in Endangered Species of Wild Flora and Fauna 21 Convention on Migratory Species of Wild Animals 22 Convention on Biological Diversity 23 United Nations Convention on the Law of the Sea 25 National policy documents 25 New Zealand Biodiversity Strategy 26 Statement of National Priorities for Protecting Rare and Threatened Biodiversity on Private Land 27 National implementation tools 27 Threat classification systems 28 Habitat mapping 29 References and further reading 31 Three – Biodiversity management agencies 33 Minister and Department of Conservation 34 Minister and Ministry for the Environment 35 Minister and Ministry for Primary Industries 36 Land Information New Zealand 36 Environmental Protection Authority 37 Maritime New Zealand 38 Queen Elizabeth II National Trust 39 Regional councils 40 Territorial authorities 40 Iwi and hapu- 41 Four – Biodiversity management under the RMA 42 Overview 43 Purpose of the RMA 44 Matters of national importance 46 Other matters 47 Treaty of Waitangi 47 National policy statements 48 National environmental standards 49 Water conservation orders 50 Regional policy statements 50 Regional plans 51 District plans 52 Identifying significant areas and habitats vi Managing Biodiversity 53 Conservation lots 53 Consent conditions 54 Biodiversity offsetting 56 References and further reading 59 Five – Biodiversity protection under national policy statements 60 National Policy Statement for Freshwater Management 61 New Zealand Coastal Policy Statement 62 Extent of the coastal environment 64 Objectives 64 Key concepts and terms 65 Maintaining or enhancing natural biological processes 67 Maintaining or enhancing natural physical processes 68 Protecting representative or significant natural ecosystems and sites of biological importance 69 Protecting indigenous biological diversity 70 Improving coastal water quality 72 Reducing sedimentation 74 Restoring natural character 76 References and further reading 79 Six – Incorporating biodiversity protection into local government plans 80 General considerations for RMA plans 81 Regional policy statements 82 Regional plans 83 Regional coastal plans 85 District plans 86 Long term council community and annual plans 88 References and further reading 89 Seven – Additional legal mechanisms to protect habitats 90 Overview 92 Protection of habitats on Crown-owned land 92 Conservation Act 1987 94 National Parks Act 1990 95 Reserves Act 1977 96 Crown Pastoral Land Act 1998 98 Protection of habitats in the marine area 98 Marine Reserves Act 1971 99 Fisheries Act 1996 100 Marine Protected Areas Policy and Implementation Plan 2006 Contents vii 101 Protection of habitats on private land 101 Voluntary protection 102 Covenants 103 Rates relief 103 Protection under the RMA 103 Protective provisions in plans 104 Esplanade reserves and strips 105 Financial contributions 105 Environmental compensation 105 Development contributions 106 Other legal mechanisms 106 Overseas Investment Act 2005 106 Forests Act 1949 107 References and further reading 109 Eight – Additional legal mechanisms to protect species 110 Wildlife Act 1953 112 Marine Mammals Protection Act 1978 114 Trade in Endangered Species Act 1989 115 Native Plants Protection Act 1934 117 Nine – Managing unwanted species and new organisms 118 Biosecurity Act 1993 119 Importation of risk goods 120 Surveillance 120 Legislative reform 120 Pest management 120 National pest management strategy 121 Regional pest management strategy 121 Implementation of pest management strategies 121 Small-scale management programme 122 Hazardous Substances and New Organisms Act 1996 122 Voluntary partnerships and initiatives 123 Useful websites 123 References and further reading 125 Ten – Voluntary tools 126 Overview 126 Types of voluntary tools and mechanisms 126 Strategic planning 127 Biodiversity education and advocacy viii Managing Biodiversity 128 Regional biodiversity forums 129 Land or conservation covenants 130 Central government funding programmes 131 Local government funding incentives 132 Community care 134 Voluntary pest management partnerships and initiatives 135 Community environmental monitoring programmes 136 Summary 139 Eleven – Ma-ori and biodiversity 140 Overview of Ma-ori perspectives and values 140 Ma-ori world view 140 Ma-ori creation story 141 Polynesian