LegislationI. Parliament (Government)
A. Resource Management Act (RMA) 1991 Orders concerning Discharges, River and lake beds, Water. 1. s30(ga) - establish methods for maintenance of biodiversity - to do so, need to survey, identify and classify areas with Galaxiid 2. s6(c) - provide for significant habitat of indigenous fauna
3. Special Tribunal’s report on application to vary the Water Conservation (Kawarau) Order 1997 in respect of the Nevis River Report of the Special Tribunal appointed under Part 9 of the Resource Management Act 1991 to report on an application by the New Zealand and Otago Fish and Game Councils to amend the Water Conservation (Kawarau) Order 1997 in respect of the Nevis River: 153. Turning to the non-repugnant Part 2 considerations, we are of the view that there are as many factors that favour the application as would be against it. It is true with regard to the case for dam impoundment that Part 2 refers to economic wellbeing and health and safety in the context of sustainable management (section 5(2)), the need to have particular regard to the efficient use and development of natural and physical resources (section 7(b)), the efficiency of the end use of energy (section 7(ba)), and the benefits to be derived from the use and development of renewable energy (section 7(j)). But, if anything, the balancing exercise just might favour the protection of the Gollum galaxiid with the references to safeguarding the life supporting capacity of ecosystems (section 5(2)(b)) the declared national importance of the protection of significant habitats of indigenous fauna (section 6(c)), the exhortation to have particular regard to the intrinsic values of ecosystems and any finite characteristics of natural and physical resources (section 7(d) and (g)). Either way we are not prepared to draw any firm conclusion that the evaluation of Part 2 factors definitely weighs in favour of protection of the Gollum galaxiid, but we are certainly of the view that the case for dam impoundment does not prevail over the Gollum galaxiid in this part of the evaluation. B. The National Policy Statement (NPS) for Freshwater Management 2011. From 1 July 2011, decision-makers under the Resource Management Act (RMA) must have regard to the NPS in consenting decisions. C. Freshwater reform 2013 Will reduce power of Water Conservation orders D. Conservation Act 1987 1. Specific provision for freshwater fish in s6(ab) - DOC's function - "preserve...indigenous freshwater fisheries habitats... recreational fisheries" 2. s53(3(d)) - Director-General "shall advocate conservation of ...freshwater fisheries generally" E. National Parks Act 1980 s4(2(b)) "native...animals (extends to fish) ...shall be preserved, introduced species...exterminated" F. Reserves Act 1977G. Wildlife Act 1953 Native fish have no protection under it. 2(1) G. Whitebait Fishing Regulations 1994 - is administered by DOC - influences only migratory galaxiids II. DOC As a government department, the Department of Conservation (DOC) is subject to laws passed by Parliament. The Department was formed in 1987 when the Conservation Act was passed to integrate conservation management functions. This Act sets out the majority of the Department's responsibilities and roles. There is also specific legislation for such things as wildlife, reserves and national parks. The Department of Conservation administers 25 Acts of Parliament and has functions under several others. The department is not a free agent. It has only those functions explicitly stated in legislation. It reports to the Minister of Conservation and must carry out all the Minister’s lawful directives. A. "New Zealand large galaxiid recovery plan, 2003-13: shortjaw kokopu, giant kokopu, banded kokopu, and koaro" If they will be turned into fishery plans they will have legal power. B. "New Zealand non-migratory galaxiid fishes recovery plan (Threatened Species Recovery Plan 53)" If they will be turned into fishery plans they will have legal power. C. NZ Threat Classification System lists 2008-2011 (Allibone 2010) Lists from the 2008-2011 listing cycle were published in independent peer-reviewed scientific journals. This classification does not provide legal protection. III. Ministry for the Environment A. Water Conservation Orders 1. About Water Conservation Orders in DOC website 2. Water Conservation Orders can be revised by minister (Nick Smith) in Fresh water reform.
B. Proposed National Policy Statement on Indigenous Biodiversity Policy 6(b) C. Dairying and Clean Streams Accord (2003) About Dairying and Clean Streams Accord (wiki) IV. Otago Regional Council A. Mining rights B. Resource consents, 2021C. The Regional Plan: Water for Otago (the Water Plan) "it is the responsibility of applicant to assess and investigate whether there are native fish present in their area of take which might be adversely affected by consent." Policy 6.3.1 - to retain flows in rivers - apply for main streams, not tributaries V. Land and Water Forum Created by government and reports to government. Document that they produced: A Fresh Start for Freshwater They created recommendations for freshwater use, which became basis for NPS. VI. Auditor-General Reports |
