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| Conservation Act 1987 (New Zealand) | |
|---|---|
| Name | Conservation Act 1987 |
| Long title | An Act to make better provision for the conservation of New Zealand's natural and historic resources and for that purpose to establish the Department of Conservation and to provide for the functions, powers, and duties therein |
| Territory | New Zealand |
| Enacted by | New Zealand Parliament |
| Date enacted | 1987 |
| Status | Current |
Conservation Act 1987 (New Zealand) is the principal statute that created the Department of Conservation and set the legislative framework for protection of New Zealand's natural and historic resources, aligning with prior instruments such as the National Parks Act 1980 and the Reserves Act 1977. The Act established statutory responsibilities for native species and habitats and interacts with statutes including the Resource Management Act 1991, the Wildlife Act 1953, and the Marine Mammals Protection Act 1978 to guide conservation policy and land management.
The Act was developed amid shifting policy debates involving ministers such as David Lange, interest groups including the Royal Forest and Bird Protection Society of New Zealand, and committees influenced by inquiries like the Hawke Report. It responded to pressures from stakeholders including iwi such as Ngāi Tahu, environmental scientists at institutions like the University of Auckland and the University of Canterbury, and land users represented by organisations such as Federated Farmers. The purpose clauses formalise objectives comparable to international instruments like the Convention on Biological Diversity and domestic obligations from the Treaty of Waitangi settlement processes involving claimants such as Ngāti Porou and Ngāti Kahungunu.
The Act establishes core principles including preservation of indigenous biodiversity, sustainable use, and public access, embedding statutory duties for the Director-General of Conservation and the newly created Conservation Board network. It defines conservation management tools such as conservation management strategies and conservation management plans, allocates responsibilities for species protection including endemic taxa like the kiwi and kakapo, and sets offences and penalties that interact with courts such as the High Court of New Zealand and the Environment Court of New Zealand. The Act also recognises historic places listed in registers like the New Zealand Heritage List/Rārangi Kōrero and provides for cooperation with agencies including Te Puni Kōkiri and the Ministry for the Environment.
Administration rests with the Department of Conservation under the supervision of the Minister of Conservation and oversight by regional Conservation Boards, with operational staff such as rangers carrying out work alongside NGOs like the Forest & Bird. Enforcement mechanisms use statutory powers for search, seizure, and prosecution through bodies including the New Zealand Police and prosecutions in the District Court of New Zealand, while biosecurity coordination occurs with agencies such as the Ministry for Primary Industries. Funding and accountability intersect with the Crown budgeting processes and scrutiny from select committees of the New Zealand Parliament such as the Environment Select Committee.
Since enactment, the Act has framed major programmes addressing threats to endemic fauna and flora—initiatives included predator control for species such as tūī, kākāriki, and sīkoī on predator-free islands like Kapiti Island and in mainland projects such as Mainland Island reserves. It enabled creation and management of protected areas including Fiordland National Park, Paparoa National Park, and numerous conservation parks, informed species recovery plans for taxa like the saddleback and Maui's dolphin, and underpinned community conservation partnerships involving groups like KiwiCo and trusts such as the World Wildlife Fund New Zealand. The Act's interaction with biodiversity programmes administered by the Department of Conservation and research by organisations such as the Department of Conservation's Science and Technical Group and universities has influenced outcomes in habitats ranging from kauri forests to alpine ecosystems.
The Act has been amended several times in contexts involving ministers such as Helen Clark and John Key, and legislative instruments including the Conservation Amendment Act 1990 and subsequent adjustments responding to policies like the Biodiversity Strategy. Amendments have clarified powers relating to concessions, access, and heritage protection, and have been shaped by court rulings from the Court of Appeal of New Zealand and submissions from stakeholders including iwi authorities like Tainui and conservation groups like Forest & Bird. Legislative developments intersected with broader statutory reforms such as the Resource Management Act 1991 and post-settlement governance entities arising from Waitangi Tribunal findings.
The Act has generated disputes over resource access, commercial concessions, and customary rights, producing litigation involving parties such as commercial tourism operators in locations like Milford Sound and iwi claimants asserting interests recognised through settlements like those affecting Te Urewera. Controversies include conflicts between conservation objectives and infrastructure projects debated in forums such as the Environment Court of New Zealand, disputes over species management techniques like aerial 1080 operations criticised by groups including Forest & Bird and farmers represented by Federated Farmers, and judicial reviews concerning decision-making by the Director-General of Conservation that reached the Supreme Court of New Zealand.
Category:New Zealand legislation Category:Environmental law