Changes seek to give legal clarity about authorisations following High Court ruling
Tama Potaka, conservation minister, said changes to the Wildlife Act have passed through Parliament to help assure authority holders that their development projects can continue lawfully and ensure that these projects can support economic growth while keeping wildlife safe.
“Now the amendments have been enacted, we can turn to accelerating a comprehensive review of the Wildlife Act,” Potaka said in a news release from the government.
Potaka explained that the amendments seek to provide legal clarity about how the Director-General of the Department of Conservation (DOC) – Te Papa Atawhai can make authorisations that align with wildlife protection.
“These changes keep safeguards to protect wildlife,” Potaka said. “It’s important Aotearoa New Zealand’s wildlife continues to be protected, and that species can thrive as we support a strong and growing economy.”
Potaka highlighted that the amendments expect authority holders to keep avoiding and minimising harm to protected species, including by relocating animals prior to construction activities to safeguard populations and support the ongoing viability of species.
“While developers are absolutely expected to make the best possible effort to protect our precious wildlife when getting on with their mahi, they should have confidence they won’t be prosecuted if their projects incidentally kill protected wildlife despite having previous authorisation and complying with the conditions set,” Potaka said in a previous government news release in late March.
The government’s recent news release noted that a recent High Court ruling found it unlawful for the DOC to authorise the killing of wildlife without a direct link between killing and protecting wildlife.
Specifically, the High Court deemed it illegal for the DOC to give the New Zealand Transport Agency – Waka Kotahi an authorisation under s. 53 of the Wildlife Act to endanger protected wildlife species while constructing the Mt Messenger highway.
Potaka said this court ruling led to uncertainty among authority holders regarding their projects, including solar and wind farms, plantation forests, and powerline maintenance.
Potaka stressed the importance of these projects to economic growth. Affected projects may also involve pest control, other conservation work, and development and infrastructure activities. Potaka said the Wildlife Act changes aim to restore the DOC’s approach to authorisation before the High Court judgment.
“Incidental harm to wildlife, while not desired, sometimes happens when carrying out a lawful activity, such as consented construction works,” the government’s news release said.
