Pages

Friday, November 15, 2024

Point of Order: Buzz from the Beehive - 15/11/24



Conservation Minister Tama Potaka – absent from the House of Representatives during the first reading of the Treaty Principles Bill – today popped up to persuade Kiwis to think about paying to get into national parks.

The Government is consulting on proposals to modernise New Zealand’s conservation management system, aiming to protect relevant natural areas while supporting sustainable growth in tourism and regional economies, he says.

Two discussion documents have been released by the Department of Conservation for public feedback.

Potaka’s press statement made no mention of the Treaty of Waitangi.

The discussion papers, in contrast, are liberally peppered with references.

One paper is titled Exploring charging for access to some public conservation land.

In the Ministerial forward, Potaka says:

Access to public conservation land is essential for our Tiriti o Waitangi / Treaty of Waitangi partners being able to better fulfil their roles as kaitiaki, to engage in cultural practices, to exercise tikanga and other responsibilities. I look forward to working through the Government’s proposals with Iwi to ensure the Crown upholds its Treaty responsibilities.

The second paper is titled Modernising conservation land management.

In his foreword to this, Potaka says:

I have two bottom lines for this work: delivering for conservation and upholding Treaty settlements. The proposals in this discussion document aim to lower costs on businesses and Te Tiriti o Waitangi / Treaty of Waitangi (Treaty) partners, fix tourism bottlenecks on public conservation land, and create win-win situations for conservation, culture, communities and the economy. Any changes will need to be worked through with Iwi to ensure the Crown upholds all Treaty responsibilities.

While Potaka did not mention the Treaty in his press statement, he did say:

“By updating the legislation, we aim to create a conservation system that protects New Zealand’s natural heritage, supports sustainable tourism, builds economic resilience, and strengthens partnerships with local Iwi,”

The statement was included in the latest batch of ministerial statements and speeches posted on the Government’s official website.

It was the first to be posted after David Seymour yesterday posted his statement headed Treaty Principles Bill passes first reading.

Associate Justice Minister David Seymour says all New Zealanders will now be able to have their say on the Treaty Principles Bill after it passed its first reading and was sent to the Justice Committee to be considered.

Latest from the Beehive

15 November 2024


The terms of reference for a review of the performance of the electricity market have been released.


Kia ora koutou katoa. Nau mai, haere mai, piki mai. Ki te mihi atu ahau, ki te manwhenua nei, Te Atiawa, Ngāti toa rangatira, tēnā koutou, tēnā koutou, tēnā koutou katoa.


Minister of State for Trade Nicola Grigg has travelled to Australia to attend the PACER Plus Ministers Meeting in Brisbane.


The Government is consulting on proposals to modernise New Zealand’s conservation management system, aiming to protect relevant natural areas while supporting sustainable growth in tourism and regional economies, Conservation Minister Tama Potaka says.

In his press statement, Tama Potaka first draws attention to the paper dealing with conservation land management.

Proposals to modernise conservation land management include:
  • Simplifying conservation rules to make protecting natural areas easier.
  • Reducing red tape for eco-tourism and business to promote responsible access and boost regional economies.
  • Maximising benefits from commercial activities on conservation land to support nature and local communities.
  • Developing amenities areas that protect nature while enhancing manuhiri (visitor) experiences.
  • Increasing flexibility for whenua (land) exchanges or disposals that align with conservation and community needs.
Almost as an afterthought, we then are told:

“We’re also consulting on a proposal to introduce access charges for some public conservation areas, which could create new revenue streams to support the maintenance and upkeep of our most iconic landscapes,” Mr Potaka says.

“Access fees are widely used internationally to help maintain popular sites sustainably including by our closest neighbour, Australia. This could provide us with a valuable tool for securing pūtea (monies) for conservation and infrastructure in areas experiencing high visitor demand.”

Key questions for public feedback on access charges include:
  • Who should be charged – should fees apply only to international visitors or also to Kiwi tourists?
  • Where should charges apply – what types of locations are suitable for such fees?
  • How should revenue be used – which conservation projects and priorities should benefit from these fees?
The paper on management issues includes a section headed

4.1 Approach to Treaty responsibilities

This explains that the Government’s Treaty responsibilities relating to conservation are reflected in section 4 of the Conservation Act, specific commitments in Treaty settlement deeds and legislation, and agreements with Iwi/Hapū.

Section 4 requires the Act to ‘be interpreted and administered as to give effect to the principles of the Treaty of Waitangi.’

“This is one of the strongest Treaty principles clauses in New Zealand legislation. Section 4 requires anyone working under the Conservation Act (or any of the associated Acts listed in Schedule 1 of the Act) to give effect to the principles of the Treaty of Waitangi when interpreting or administering anything under the Act.”

The discussion paper then reminds us of the role the courts have played in shaping and giving effect to the Treaty principles which are the focus of David Seymour’s bill.

In 2018, the Supreme Court issued its decision in Ngāi Tai ki Tāmaki Tribal Trust v Minister of Conservation.

The case concerned DOC’s consideration of Treaty principles when it granted two commercial concessions on Rangitoto and Motutapu Islands to Fullers Group Limited and the Motutapu Island Restoration Trust.

The Supreme Court found section 4 was not properly applied in the challenged decisions.

The Supreme Court said that in some circumstances, giving effect to the Treaty principle of active protection requires decision-makers to consider extending a degree of preference to Iwi as well as looking at the potential economic benefit of doing so.

The Ngāi Tai ki Tāmaki case highlights the importance of giving effect to Treaty principles as referenced in section 4.

Although the decision dealt specifically with concessions, it has wider implications for all of DOC’s work. The Government wants to support effective implementation of section 4 by clarifying its application to concessions and management planning. Many proposals in this document therefore involve specific requirements as a means of giving effect to Treaty principles.


The paper which airs proposals to impose charges on visitors discusses three options.

Option A: Charge everyone the same

Potential advantages
  • Most consistent with the idea that visitors should contribute towards the upkeep and improvement of the places they visit.
  • Having no differential pricing or exclusions based on nationality would be cost-effective, easier to implement and simpler overall.
  • Enables use of price as a volume management tool if desired
Potential disadvantages
  • The need for New Zealanders to pay to visit public conservation land may be a barrier to connecting with nature.
  • May negatively affect the ability of Iwi members to fulfil their roles as kaitiaki, to engage in cultural practices, to exercise tikanga and other responsibilities.
Option B: Charge everyone but charge New Zealanders less than international visitors

Potential advantages
  • Consistent with the idea that visitors should contribute towards the upkeep and improvement of the places they visit.
  • Recognises somewhat that New Zealanders contribute via their taxes.
  • Allows use of price as a volume management tool if desired.
  • Would offer better data on visitors.
  • May improve access for New Zealanders due to less overcrowding
Potential disadvantages
  • Differential pricing would make the system more complicated and may increase administrative costs.
  • The need to pay to visit public conservation land may be somewhat of a barrier to New Zealanders connecting with nature.
  • May negatively affect the ability of Iwi members to fulfil their roles as kaitiaki, to engage in cultural practices, to exercise tikanga and other responsibilities.
Option C: Charge only international visitors

Potential advantages
  • International visitors make a fair contribution.
  • Recognises that New Zealanders contribute via their taxes.
  • Allows use of pricing as volume management tool for international visitors if desired.
  • Does not limit New Zealanders’ ability to connect with nature on public conservation land.
  • Does not affect the ability of Iwi members to fulfil their roles as kaitiaki, to engage in cultural practices, to exercise tikanga and other responsibilities.
Potential disadvantages
  • Exclusions may significantly increase administrative costs.Does not provide for all visitors to pay, despite the impact being the same irrespective of nationality.
  • Would provide incomplete data on visitor numbers.
Land owned by the Government and administered by DOC is known as ‘public conservation land’. This includes roughly one third of New Zealand (over 8 million hectares) consisting of 13 national parks, many conservation parks, several thousand reserves and other protected areas.

These places are home to many of the country’s major tourist attractions and iconic natural geographic features, such as Mautohe Cathedral Cove, Tongariro National Park, Milford Sound Piopiotahi and Aoraki Mount Cook.

They include many sites of cultural significance for Māori. The scale and diversity of public conservation land makes it important for both biodiversity and outdoor recreation in New Zealand.

Conservation land – like reserves – can also be administered by other groups, such as councils and Iwi.

Point of Order is a blog focused on politics and the economy run by veteran newspaper reporters Bob Edlin and Ian Templeton

No comments: