Indigenous biodiversity

Abstract

Protection of biological diversity (biodiversity) is an international obligation and a core element of sustainable management under the RMA. Local authorities must recognise impacts on ecosystems across the landscape not just selected areas. Biodiversity management requires the collection of good quality information, analysis with reference to explicit criteria, detailed analysis of threats and the selection of locally relevant methods. Some local authorities have experienced difficulties planning for biodiversity. However, there are examples of good practice. These examples invariably involve individual consultation with landowners and the adoption of a wide range of methods. Some examples can be seen on the Biocommunity website.

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Guidance note

• Understanding the wider policy context
• Understanding the concept of biodiversity
• Other relevant legislation
• First steps information gathering
• Assessment of importance of defined areas
• Issue identification/threats analysis
• Methods of protection - regulation
• Methods of protection - non-regulatory

Understanding the wider policy context

New Zealand is a signatory to the United Nations Convention on Biological Diversity (CBD).

In order to ratify the CBD New Zealand was obliged to prepare a national biodiversity strategy. It completed that strategy (the NZBS) in February 2000. The New Zealand Biodiversity Strategy is available in html and pdf.

• Local biodiversity should be understood in a national and international context and these wider values should be taken into account in local decision-making.

Understanding the concept of biodiversity

• It is important to have and convey a good understanding of the meaning of biodiversity.
• The CBD describes 'biological diversity' as having three dimensions: diversity between and within ecosystems and habitats (habitat diversity); diversity of species (species diversity); genetic variation within individual species (genetic diversity).
• The Resource Management Amendment Act 2003 defines 'biological diversity' in a way that reflects the definition contained in the CBD by recognising the three dimensions of diversity noted above.

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Other relevant legislation

Several other pieces of legislation also influence biodiversity management and protection. They include:

• Conservation Act
• Biosecurity Act
• Fisheries Act
• HSNO Act
• Reserves Act
• Forests Act
• Wildlife Act
• Protected Plants Act

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First steps information gathering

Comprehensive, accurate and up-to-date information about the extent and nature of indigenous species and habitats in an area is a prerequisite to successful biodiversity management.

The quality and coverage of information on biodiversity is highly variable around the country. Information on aquatic environments is particularly poor.

• Engage specialist ecological advice to review existing data and identify gaps in information.
• Regional and territorial councils should collaborate (with each other and DoC) to address information deficiencies.
• Addressing information needs should involve:
  • Desktop studies using information sources such as aerial photographs, previous survey information (eg Protected Natural Area Programme or Sites of Special Wildlife Interest), the Land Cover Data Base (LCDB), and Land Environments and River Environments;
  • Field survey using appropriate scientific methodology (such as used in the PNAP) where necessary to complete or verify information; and
  • The local community (including iwi, local groups involved in conservation issues and landowner representatives).
• Sites visited during any field survey should only be inspected with the knowledge and agreement of the landowner.
• Information obtained from any field survey should be shared with the landowner. The efforts of landowners in retaining natural vegetation should be acknowledged as part of the feedback process.

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Assessment of importance of defined areas

Although biodiversity management under the RMA should not be limited to defined areas, identifying specific areas of significance is a key element (and is required by section 6(c)).

• Assessment of the importance and priority of areas should be undertaken in conjunction with specialist ecological advice, according to explicit and well-defined criteria that are applied consistently across the region or district.
• In the absence of nationally agreed assessment criteria, many local authorities have applied criteria employed by the PNA programme, or criteria used by professional ecologists and based on the same general concepts as those used in the PNA programme.
• Areas of importance should be described in plain English for the information of landowners and the community. Descriptions may be based on the key criteria used such as the representativeness of the area, the rarity of species, the role played in wider ecological functioning, the area's ongoing ecological viability and any cultural values associated with the area.
• Community values and perceptions should be factored into technical assessments and the decision-making process.

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Issue identification/threats analysis

• Identify issues:
  • What are the threats to identified areas of importance for biodiversity?
  • To what extent are these threats being adequately managed by existing measures/actions?
  • What is the risk of landowners altering land use/practices to the detriment of biodiversity? (Have they been asked? Is land use change economically rational?)
  • What else needs to be done to ensure local biodiversity is sustained?
• Scope the extent to which the threats can be addressed through the intervention of local government.

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Methods of protection - regulation

There is no single best practice method for protecting biodiversity. What is appropriate in any particular region or district will depend on the circumstances.

If used, regulation should seek to change expectations about the use of land in a way, and at a pace, that is broadly acceptable to the community without compromising biodiversity goals. This involves recognising:

• The potential volatility of the issue
• The potential cost of regulation
• The need for consultation
• Activities that are regulated principally for reasons other than biodiversity should still be assessed with regard to biodiversity. For example, in considering an application for subdivision, decision-makers should consider the disturbance impacts on ecosystems.
• Objectives and policies and matters of control and restriction listed in plans should generally recognise and provide for the consideration of biodiversity in resource consents, recognising that ecological linkages occur across the landscape.
• Scheduling sites for biodiversity protection should only be attempted when:
  • They have a history of being regulated (ie in previous plans); or
  • Landowners have been consulted, information about the sites verified by field survey, and values and management options discussed with individual landowners.
• If threats of clearance or modification are real and imminent, a general vegetation protection rule is recommended as an interim measure until sites can be surveyed and landowners individually consulted.
• Plan provisions should generally provide for sustainable uses of areas of indigenous vegetation and habitat and of individual biological resources. Assessment criteria can assist with identifying the nature and scale of effects that might be acceptable.
• Structure plans designed to establish a framework for urbanisation can be effective in managing development in a way that takes account of biodiversity (see Best Practice Examples, Waitakere City Council for details).

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Methods of protection - non-regulatory

Successful management of biodiversity requires action, not just reaction. While regulation may not always be required non-regulatory methods almost certainly always will.

• Local authorities should form partnerships with landowners and resource users, and with national and non-governmental conservation organisations, to build a better understanding of differing perspectives and to share and co-ordinate expenditure on biodiversity projects.
• Education and capacity-building measures can raise awareness and skills. Subsidising pest control and native plants can assist ongoing management and relationships.
• Incentives can be used to encourage landowners to adopt recommended measures for the protection of biodiversity values. These may include rates relief, grants and bonus development rights (see Best Practice Examples, Western Bay of Plenty for details).
• Regional and local biodiversity strategies can be developed to co-ordinate action and pool available resources for key priorities.
• Long term council community plans prepared under the Local Government Act need to link to district and regional plan biodiversity objectives. They should provide the long term vision and commitment to resourcing and partnering to give effect to non regulatory methods.

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Best practice examples

The following examples illustrate best practice in particular aspects of plan preparation, as described in the guidance note.

Biodiversity: Consultation/issue identification [Reveal/Hide]

Biodiversity: Information gathering and assessment [Reveal/Hide]

Biodiversity: Methods of protection [Reveal/Hide]

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RMA provisions

Sections 5, 6 (particularly 6(c)) and section 7 (particularly 7(d)).

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Case law

• Requirement to consider biodiversity in all consents (unless expressly excluded by the plan): refer to Royal Forest and Bird Protection Society v Manawatu-Wanganui Regional Council, A086/95.
• Meaning of significance: refer to Crooks and Sons Limited v Invercargill City Council C8/97; Minister of Conservation v Whangarei District Council, A19/94.
• Criteria appropriate for assessment: refer to Waitakere Ranges Protection Society Inc v Waitakere City Council and Ors, A 89/2000.
• Ability to develop objectives and policies on biodiversity: refer to South District Council v Southland Regional Council, C029/97.
• Economic benefit and private rights not to outweigh effects on biodiversity: refer to Minister of Conservation v Gisborne District Council, A016/00.
• Natural biodiversity is part of natural character of marine environment: refer to Trio Holdings v Marlborough District Council, W103A/96; Director-General of Conservation v Marlborough District Council, W89/97.
• Voluntary methods may not afford adequate assurance of protection of areas of high and moderately high value; refer Minister of Conservation v Western Bay of Plenty District Council, A071/200.
• Rarity should not be considered as the sole or over-riding criterion for assessing significance of wetlands: refer to Mighty River Power Ltd v Waikato RC, A146/2001.

There has been relatively little case law on the appropriateness of plan provisions aimed at the protection of biodiversity. Most appeals have tended to be settled by consent order. Many consent orders have followed a similar format. Refer to the Current challenges in practice section of the note for further detail.

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Related guidance notes

The following guidance notes are related:

• Planning for Water Allocation
• Surface Water Quality

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Work in progress

Biodiversity guidance

A joint Ministry for the Environment and Department of Conservation work programme to provide guidance to local authorities and landowners about biodiversity protection on private land is currently being developed.

The Sustainable Management Fund has also recently agreed to fund Local Government New Zealand to undertake a three-year Bio-Community programme. This is aimed at enhancing the capacity of the local government sector, in partnership with communities, to translate national biodiversity goals into local programmes and actions.

Visit the website Biocommunity website for more information.

Alternatively, you can look at the government's Biodiversity website which contains a detailed description of the programme.

The Government has recently introduced funds to provide assistance with the provision of biodiversity advisory services and improvement in the condition of areas and habitats.

Relevant publications

Guideline on Strategic Planning for Biodiversity (MS Word)
Published June 2003
This paper discusses Long Term Council Community Plans (LTCCPs) and the Local Government Act 2002. It discusses how the Act and its principal tool the LTCCP can be used to make a difference for biodiversity management.

A National Policy Statement on Biodiversity: Necessity for Specific Elements
Author: Gerard Willis (Prepared for the Ministry for the Environment)
Date: 2002
This paper summarises surveys of community attitudes towards biodiversity, reports on a survey of local government and identifies some significant case law.

Classifying species according to threat of extinction: A system for New Zealand (PDF 580KB)
Published by Department of Conservation - October 2002
This document describes a classification system that has been developed in New
Zealand to list species according to their threat of extinction. The scope and the
structure of the classification system are described and the process to be followed
for listing taxa is outlined. The difference between this system and the priority
setting system that the Department of Conservation (DOC) has used since 1992 is
explained.

New Zealand Threat Classification System lists (PDF 1.35MB)
Published by Department of Conservation - October 2002
Lists of endangered species based on the degree of threat.

Significant Natural Areas Assessment and Protection (PDF 358 KB)
Published by West Coast Significant Natural Areas Project - August 2001
This reports on a project funded through the Sustainable Management Fund (SMF) stakeholders) to research cost-effective process to address section 6(c) responsibilities using the experiences of West Coast councils.

Reinterpreting Conservation: Developing Pragmatic Approaches to Managing Indigenous Biodiversity (PDF 348 KB)
Published June 1999
This paper draws on Australian and international experience to outline a range of pragmatic approaches to the protection of biodiversity in different landscapes.

New Zealand Biodiversity Strategy
Published by New Zealand Government - February 2000
This strategy establishes a framework for action to conserve and sustainably use and manage New Zealand's biodiversity.

Conserving Biodiversity - Institutions, Policies and Incentives
Published by The Treasury - November 2000
This report seeks to answer questions from an outsider's perspective about the roles Central Government, Regional Councils and the non-government sector should play in conserving biodiversity.

Encouraging Private Biodiversity: Incentives for Biodiversity Conservation on Private Land
Published by The Treasury - June 2000
This report provides a literature review on the practical experience of measures used in other countries to give economic incentives to biodiversity conservation on private land.

Final report of the Ministerial Advisory Committee on Biodiversity and Private Land
Published by Ministry for the Environment - August 2000
This is the final report of the Ministerial Advisory Committee on biodiversity and private land. It revised the preliminary report, Bio-What? following public consultation. It concludes that biodiversity management should be managed at the regional and local levels.

Bio-What? - Preliminary Report on the Ministerial Advisory Committee
Published by Ministry for the Environment - February 2000
This is the preliminary report of the Ministerial Advisory Committee on biodiversity. The purpose of the document was to consider ways to sustain indigenous biodiversity affected by private land management.

Mechanisms for Protecting Significant Natural Areas (PDF 3 MB)
Published by Rodney District Council - May 1999
This report provides a theoretical background to mechanisms to protecting significant natural areas and options for the district plan process.

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Current challenges in practice

Technical information issues

Information on biodiversity is currently collected in different ways and at different scales in different parts of the country. It is often not geographically referenced.

This makes comparisons between different areas of the country and the development of a national picture of the state of biodiversity very difficult. Work is under way through the Ministry for the Environment Indicators Programme to address some of these issues.

In many parts of the country the system of Ecological Districts has been the spatial framework used for considering biodiversity. However, a new multi-purpose information tool Land Environments (formerly known as environmental domains) is being developed by Landcare Research for use by local authorities. As an information tool Land Environments has many potential applications in biodiversity information collection, assessment and management (although it will not remove the need for field survey). The Ministry for the Environment has funded the development of Land Environments for the whole country and will shortly make the system available (with user guides) to all units of local government.

A corresponding system for rivers has also been developed and is known as River Environments Classification. There is also a system being developed for marine environments. All three systems are tools for conservation and resource management and will be used by the Ministry for the Environment for national state of the environment reporting.

Assessing significant natural areas

There are no nationally recognised or endorsed criteria for defining significance. Several approaches to assessing significance have been developed as a result of previous ecological/policy work. Different criteria tend to be used in different areas of the country. The Ministry for the Environment did begin a process of developing national guidelines, which were prepared to a preliminary draft form. However for various reasons they have never been progressed.

The Environment Court has recognised and given weight to criteria in several decisions (see Case Law section of this guide) but has stopped short of characterising any criteria set as definitive.

Overlap of local authority functions

The Resource Management Amendment Act 2003 has clarified that regional councils have a direct role in biodiversity including, potentially, the control of land use. This has created a clear overlap responsibility with territorial authorities.

The Amendment Act states that regional policy statements must state which authority will control the use land for the purpose of maintaining biodiversity. Other aspects of biodiversity management will need to be resolved between regional councils and territorial authorities through other informal or formal mechanisms.

Consultation

Consultation is now widely recognised as an essential part of the biodiversity policy-making process particularly in rural areas. However, consultation is a major challenge if there are large numbers of landowners to consult.

There may be an even bigger challenge, however, if landowners are not consulted. This has proved the case in a number of instances.

Sustainable use

The purpose of the Act suggests that even valuable natural areas and ecosystems may be able to be used for economic or cultural purposes if use is sustainable.

There is little research and no clear policy on what might constitute a sustainable effect. Part IIIA of the Forests Act contains a prescription for timber extraction but in other types of ecosystems or with other uses sustainability remains ill- defined.

Using regulatory controls

Even with good consultation, rules preventing, or requiring consent for, vegetation removal can be very controversial. Several councils have found the use of rules politically unachievable due to severe public reaction.

If strongly opposed, rules may be counter-productive by causing ill will and perverse behaviour by aggrieved landowners. Rules for biodiversity are difficult to monitor and enforce and cannot address all impacts on biodiversity that arise from everyday activities.

In recent years many local authorities have agreed to rules through negotiating consent orders in relation to district plan references Many of these consent orders have followed a similar format that provides regulatory protection to areas of vegetation that meet certain quantitative standards. These standards have been applied in districts that have not undertaken an ecological survey of significant sites. The standards are used as a proxy for significance in these cases. (See for example Wairoa District Plan and Hastings District Plan)

Currently several local authorities are investigating an approach through consent order negotiations that would see inclusion of a sunrise or shadow rule that would come into effect if and only if voluntary measures prove ineffective. Negotiations are yet to determine appropriate triggers for the bringing into effect of such a rule.

Using non-regulatory methods

Non-regulatory methods often rely on trust. Some conservation groups do not accept the efficacy of purely non-regulatory methods and this can create difficulties in plan-making.

Because non-regulatory methods often rely on trust, and to this extent do not bring the same level of certainty as regulation, it can be difficult to demonstrate for the purposes of section 32 that they will be effective.

Implementing effective non-regulatory methods requires significant and sustained funding. This is often not a high priority for councils.

The new long term council community plans may assist in providing stronger evidence of commitment to supporting non regulatory methods over the long term.

Marine and freshwater ecosystems

Less is known about the biodiversity of freshwater environments. Requiring or undertaking surveys is often expensive.

Impacts on these ecosystems are often insidious, cumulative, and difficult to identify or regulate.

The policy framework for managing biodiversity in the Coastal Marine Area is provided by the New Zealand Coastal Policy Statement (NZCPS). The NZCPS is currently under review.

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Acknowledgements and editorial comments

This guidance note was prepared and updated by Gerard Willis, Enfocus, Ltd.

Admin. Centre Note: This note contained reference to other publications that we still require permission to reproduce. They will be added to the site in due course.

This guidance note was prepared in September 2002 and updated in February 2007.