Government vows Wildlife Act changes after court ruled Mt Messenger permit unlawful

Conservation Minister Tama Potaka. Photo / Mark Mitchell

Conservation Minister Tama Potaka says changes will be made to the Wildlife Act so upcoming infrastructure developments are not delayed by a recent High Court ruling.

The Wildlife Act protects animals that are classed as wildlife. It covers 900 native species, such as birds, bats and frogs.

Potaka’s comments follow a recent High Court ruling on a permit obtained for the Mt Messenger roading project in Taranaki.

The Department of Conservation (DoC) issued NZTA with a permit under Section 53 of the act allowing it to inadvertently kill protected species, such as kiwi and bats, while clearing vegetation.

But the High Court later ruled these permissions were unlawful because the killing of the species under that permit required a “direct nexus” to the protection of the wildlife, for example, the culling of diseased animals or to address overpopulation.

The project obtained a different permit, allowing it to continue. However, law firms said the ruling would cause “big headaches” for developers, fearing it could lead to future permits being declined.

On Friday, Potaka released a statement saying the act would be amended promptly to ensure the “status quo” could continue.

“The decision could delay other projects DoC has given permission for or are still coming through the pipeline under section 53 of the Act – such as building new solar and wind farms, plantation forests, and powerline maintenance that are essential for supporting our growing economy.

“It also affects other important conservation work, like pest control.

“The Government intends to promptly change the law to enable these important activities to go ahead lawfully, including the building of houses and roads for example, as they have in the past with safeguards for wildlife.

“These amendments will provide certainty for existing projects.”

Potaka said developers were expected to make the best possible effort to protect wildlife but needed confidence they will not be prosecuted if their projects incidentally kill protected wildlife, despite having previous authorisation and complying with the conditions set.

Following the publication of the High Court’s decision earlier this month, the Environmental Law Initiative (ELI), which brought the case to the High Court, said it believed there was “no threat” to the ability of infrastructure and development projects to continue in New Zealand.

“What the judgement means is that developers will need to take reasonable steps to avoid killing wildlife, rather than simply being permitted to kill wildlife.”

Green Party co-leader Marama Davidson previously said the party shared the concerns of the ELI.

Davidson said there have been a number of projects that had not engaged with DoC to secure a Wildlife Act authority to move protected wildlife.

“This has to change, we must ensure our development is not coming at the cost of endangered wildlife.”

Julia Gabel is a Wellington-based political reporter. She joined the Herald in 2020 and has most recently focused on data journalism.