NZTA reported two deaths of Hochstetter's frogs during its recent upgrade work to the Brynderwyns section of SH1. It said about 150 frogs were successfully relocated.
NZTA reported two deaths of Hochstetter's frogs during its recent upgrade work to the Brynderwyns section of SH1. It said about 150 frogs were successfully relocated.
Changes to the Wildlife Act won’t reduce the onus on developers of big infrastructure projects to rigorously assess and manage ecological impacts on threatened and taonga species, the Department of Conservation says.
Last month, the coalition Government pushed through amendments to the act, reinstating the Director-General of Conservation’s (DGC)authority to permit the incidental killing of protected wildlife during approved infrastructure projects.
The move followed a High Court ruling that found the act had been misinterpreted for years, and that such authority had not legally existed.
The Department of Conservation (DoC) acting operations manager for Whangārei, Sarah Newman Watt, said the amendments were about restoring clarity and consistency to the department’s regulatory role, not weakening environmental protections.
“These changes clarify provisions while protecting wildlife and helping restore DoC’s regulatory approach,” she said.
“They do not diminish the department’s core requirement for comprehensive ecological planning.”
Newman Watt emphasised that developers – such as Waka Kotahi NZ Transport Agency (NZTA) – are still expected to carry out thorough ecological assessments, avoid and minimise harm to wildlife, and implement mitigation and monitoring where impacts are unavoidable.
Mercury chief executive Stew Hamilton (left) and Energy Minister Simon Watts break the ground for Kaiwaikawe Wind Farm, near Dargaville, this year. DoC says recent law changes won't reduce the onus on developers to protect taonga species.
Asked how DoC would determine whether harm to protected species was truly “incidental”, she said each case would be assessed individually, considering the level of care taken, mitigation efforts, and whether the harm could have been avoided.
“If evidence suggests the harm was avoidable or that obligations were not met, DoC may investigate and take appropriate compliance action, including prosecution where warranted,” Newman Watt said.
Regarding the proposed Northern Expressway through the Brynderwyn Hills – part of the Te Hana to Port Marsden Roads of National Significance – Newman Watt said it was too early to assess potential impacts on taonga species such as the Hochstetter’s frog. About 150 of the frogs were found and relocated during earlier roadworks in the area.
Newman Watt said detailed route planning and environmental assessments were still to come, and if the new route overlaps with previous translocation or offset sites, those would need to be identified and addressed through mitigation planning.
An NZTA spokeswoman confirmed the exact route had not yet been finalised. The preferred corridor was expected to run east of the current State Highway 1, with a decision expected this August or September.
Ecological studies would be part of the planning process, and the agency would work closely with DoC to secure necessary permits and ensure protected species were treated with care.
“NZTA are expecting the changes will not make much difference to what currently occurs. The only change will be NZTA may choose to submit permits under S53 of the Wildlife Act rather than relying on S71.
“We expect the applications and subsequent wildlife permits and operations should remain the same or similar to what has previously occurred,” the spokeswoman said.
According to the DoC website, section 53 of the Wildlife Act is generally used for direct interactions with wildlife, while Section 71 is used for activities involving wildlife that are regulated by other specific laws.
If you are not granted a wildlife consent under section 71, then you are not legally allowed to undertake your activity.
Section 71 and section 53 are mutually exclusive. Therefore, you cannot apply to catch alive and/or kill wildlife under section 53 if your application should be made under section 71.
Sarah Curtis is a news reporter for the Northern Advocate, focusing on a wide range of issues. She has nearly 20 years’ experience in journalism, much of which she spent court reporting. She is passionate about covering stories that make a difference.
