What’s at stake and how you can help

The Bill proposes deeply problematic amendments that risk undermining the protection of New Zealand’s public conservation land.

At the heart of the issue is Section 6 of the current Conservation Act 1987, the foundation of the entire law. It defines the purpose of all public conservation land and guides every decision that flows from it.

For decades, the principle has been clear: conservation comes first. That includes the recreational values that make these places worth protecting, the tracks, rivers, and wild places that we have enjoyed for generations. This Bill flips that on its head.

By changing Section 6 to “enable economic use and development to the greatest extent practicable” (new s6(ea)), it shifts the focus away from DOC being charged to protect our wild places to encouraging economic development.

The Bill makes no distinction between small-scale, low-impact tourism and large-scale industrial projects.

The Bill also weakens the New Zealand Conservation Authority and Conservation Boards, the independent bodies that exist to represent the public interest in conservation decisions, and hands that power solely in the hands of the Minister of Conservation. The checks and balances that have protected our wild places for decades are being removed.

Because economic development will be the underpinning purpose of all conservation land, DOC and the Minister of Conservation will find it almost impossible to decline a development proposal. Not because they do not want to protect these places, but because the law itself will be working against them.

This creates a real risk that inappropriate or high-impact development could be approved in places that should be protected.

This is not a minor adjustment, and its effects could be far-reaching and irreversible for recreation and conservation as a whole across the country.

The Bill offers solutions to some legitimate problems, such as streamlining concession processes and simplifying complex planning frameworks. However, many of these solutions could be achieved under existing legislation without the problematic changes proposed in other sections in the Bill.

Most of New Zealand’s natural areas, mountains, lakes, rivers, coast and its backcountry huts and tracks are in public conservation land. Any development approved on that land will have the potential to change or damage the things that make these wild places special. Under this Bill, there is nothing requiring anyone to consider what that means for the people who use them.

If conservation land is sold or handed over to someone else, there is no obligation to protect public access to it either. The wild places that generations of New Zealanders have tramped, climbed, paddled, and explored could simply be lost, with no legal way to stop it.

You can make a submission on the Bill via the Parliament website.

This is where you can have your voice heard on the future of conservation land and outdoor recreation.

We have put together a submission guide, outlining the key issues with the Bill and recommended changes to it.

Submission Points

Issues with the Conservation Amendment Bill

• The purpose of conservation land is being rewritten | The Bill rewrites Section 6 of the Conservation Act, the foundation of the entire law, shifting the purpose of public conservation land from conservation-first to “enable economic use and development to the greatest extent practicable.” This prioritises development over conservation – with DOC only required to “manage” the land for conservation – and constrains the Minister’s ability to reject harmful proposals.
• Commercial use is not defined | The Bill fails to distinguish between low-impact tourism and high-impact industrial-scale development, treating all economic use the same. This risks inappropriate development being approved on land that should be protected.
• Public oversight is being removed | The Bill sidelines the New Zealand Conservation Authority and Conservation Boards, shifting decision-making power to the Minister of Conservation. This removes an important check and balance on decisions made in the public interest, and leaves public conservation land subject to the priorities of whichever government is in power.

• Recreational access is not protected in land disposal | The Bill makes it easier to dispose of both high and low-value conservation land, including land in Conservation Parks such as the Tararua Ranges. The Bill means that the Minister could give no consideration to recreational values or public access. Land that generations of New Zealanders have used for tramping, climbing, hunting, and paddling could be sold or repurposed, with no legal mechanism to protect access. Outside of National Parks and Wilderness Areas, only the land that has the very best ecological values in the area can’t be sold.

Recommendations:

• Remove Section 6(ea) entirely | Section 6EA must be removed from the Bill and the conservation-first principles of the existing Section 6 retained. Economic development must not be a primary objective of the Department of Conservation or the Conservation Act.
• Retain section 6B(1)(a) to (c) | The role and functions of the New Zealand Conservation Authority and Conservation Boards must be retained.

FMC is currently preparing a detailed submission and will keep members updated with this and our next steps. In the meantime, we encourage everyone to have their say before submissions close on 2 July.