Redefine DOC's Role
- Department of Conservation's Role
- Remove Taxpayer-funded Advocacy and Introduce Net Conservation Benefit
- Environmental Advocacy
Department of Conservation's Role
The Department of Conservation acts on behalf of the Minister or the Director General of Conservation in both a legislated advisory role under the RMA and an advocacy role under the Conservation Act. The role of DOC has varied around the country and is generally dependent on the attitude of the regional conservator and the presence and diversity of conservation values within the region or district.
The conservation information held by DOC provided to councils is then used to develop draft and proposed regional and district plans. These plans are then appealed by DOC acting in their advocacy role under the Conservation Act. The advocacy role has seriously undermined any incentive that landowners have to voluntarily participate in surveys, work with field staff, invest time, finances and labour into protecting conservation values on private land, especially where good stewardship is rewarded with aggressive advocacy.
Remove Taxpayer-funded Advocacy and Introduce Net Conservation Benefit
The submission process should be undertaken by a number of central government agencies (including DOC) producing just one submission. Because of the co-ordination and amount of consultation and work involved, this should also provide a mechanism for prioritising central government involvement in district and regional planning.
The Department of Conservation's role in relation to private land should be restricted to the provision of management advice and/or assistance with protection of conservation values on private land, through partnerships with councils, landowners and or groups of landowners.
The Department of Conservation should continue to provide information (where held) to territorial and regional authorities to enable them to make judgement on the conservation values present in relation to a regional or district plan or decision on a resource consent application relating to such a plan.
An amendment is required to the Conservation Act to remove the advocacy role and to introduce the concept of net conservation benefit. This change should result in a more holistic approach to conservation protection where no net values are lost on a property, district or region, but will allow for a more constructive partnership approach that while providing for continued sustainable growth.
Environmental Advocacy
Environmental groups have a legitimate role to play in advocating the sustainable use of our natural resources. The conflict is over how this is being achieved. Frustration arises among farmers where there seems little accountability for such advocacy. Some groups are led by one or two individuals acting on a poor mandate from those whom they claim to represent. Their approach is often inconsistent throughout the planning process and their willingness to engage with other parties or to consider viable alternative options is poor. In particular, concern has been expressed that these groups are based outside of the community and have little regard for enduring economic or sustainable outcomes for private landowners and their local communities.
The Environmental Legal Assistance Fund (Ministry for the Environment) has caused concern where it has funded groups appealing plans that have been through exhaustive community consultation and hearings. Some environmental groups have been supporting or working alongside the Department of Conservation. Yet where other groups are in support of councils, the fund is often unable to support the group, as the council is viewed as the default source of funding.
Councils should take a stand against vexatious submitters and review central funding mechanisms for support and compensation.
The 2005 amendments to the RMA provide some hope that "professional submitters" and "vexatious objectors" will be required to provide a greater commitment to appeals prior to hearings, as would restoring security for costs provisions in the Act. Councils will need to demonstrate much stronger leadership in order to implement community-agreed outcomes against unsubstantiated environmental claims.
There is no overwhelming call to scrap the Environmental Legal Assistance Fund but there is scope for an external review of the effectiveness and terms of reference of the fund in meeting environmental management objectives and its decision-making criteria on funding applications. In line with this review should be a larger rationalisation of central funding available to groups, individuals or councils seeking protection of areas that impact on or erode private title.
