Advice on Delays in the partial review of the General Policies

To: Penny Nelson, Director-General of Conservation
Date: 28 September 2022

The Authority has been informed by Departmental staff of a significant delay in the partial review of the General Policies. The members of the NZCA are very concerned about this delay. It is a priority for the NZCA to see the review completed and we would like to work with you to improve the timeline. I am therefore writing to provide an outline of the concerns of the Authority in advance of a future conversation.

The 2018 Ngāi Tai ki Tāmaki Supreme Court judgment (Ngāi Tai decision) made it clear that the Department was to ensure it was giving effect to section 4 of the Conservation Act 1987. The Court was clear about the obligation on the Department to be an effective partner under the Treaty of Waitangi / Te Tiriti o Waitangi. In response, in 2019 the Minister and the Authority initiated a partial review of the General Policies. The General Policies are the primary tool for assisting the Department to meet its obligations under s4. The General Policies must be consistent with the Supreme Court decision.

Budget 2020 provided the Department with an additional $7.9 million over four years to address the implications of the Ngāi Tai decision. This new money included:

• $1.1m over the next 3 years to fund partial reviews of the Conservation General Policy and General Policy for National Parks
• $4.3m to amend statutory management plans
• $2.5m to develop and implement improvements to statutory decision-making

We are now halfway through this four-year funding injection and the Authority has seen little evidence of tangible outcomes.

The Options Development Group report was a robust product of two years of expert analysis that provided recommendations to support the review of the General Policies. The Report was published in March this year and we expected that the review would be of the highest priority for the Department. However, despite the need for the Authority, Director-General, and Minister of Conservation to work as a team, we are yet to come together to discuss the findings of the Options Development Group and how to progress the review.

We are disappointed to learn of further delays in the process. Departmental staff cite the restructure and introduction of a new Senior Leadership Team as the reason. Our frustration is amplified by the lack of information provided to the Authority. We have been told that public consultation will not occur this year, despite the Authority previously being forewarned that work would be required throughout the Christmas break. We have also been told that the amended policies will not likely be introduced until early 2024. The Authority is yet to be provided with satisfactory reason or updated timeframes.

The Authority is concerned that, whilst these delays continue, several key statutory planning documents are being implemented and reviewed while inconsistent with section 4 of the Act. This increases the risk of wrong and harmful decisions by the Department, which then increases the risk of further court action and increased burden on the Department’s budgets.

This review is of the utmost priority for the Authority, and until recently, we thought that this was the highest priority for the Department, and the Minister. General policy is at the core of the Department’s ability to be an honourable treaty partner. It governs all strategies and policies that determine how the Department is administering public conservation land consistently with s4. The General Policies can and should ensure that the principles of te Tiriti o Waitangi materialise in conservation outcomes.

This process, and its significance should be treated with the mana it deserves. We offer our assistance in elevating the priority of this work for the Department and the Minister and look forward to working with you on its progress.