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Fast-track Approvals Bill

Amendments and repeals

Schedule 6: Process for approvals under Approvals relating to Wildlife Act 1953

You could also call this:

“How to get permission for activities that might affect protected animals”

This schedule explains how to get approval for activities that might affect protected wildlife under the Wildlife Act 1953. You need to provide detailed information about your planned activities, including what you want to do, where you’ll do it, and how it might affect wildlife. You also need to explain how you’ll minimise any harm to wildlife.

The Department of Conservation will write a report about how your project might affect wildlife. Some important groups, like the New Zealand Conservation Authority and Fish and Game Council, will be asked to give their thoughts on your application.

When deciding whether to approve your application, the panel will consider things like the purpose of the Fast-track Approvals Bill, the Wildlife Act, and how your project might affect protected wildlife. They can set conditions to make sure you follow best practices. If your application is approved, you can ask the Director-General of Conservation to change or replace your approval later if you need to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS943458.

Topics:
Environment and resources > Conservation
Government and voting > Government departments
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6 Process for approvals under Approvals relating to Wildlife Act 1953 Empowered by s 30A

1Interpretation

  1. In this schedule, Wildlife Act approval means a lawful authority for an act or omission that would otherwise be an offence under any of sections 58(1), 63(1), 63A, 64, 65(1)(f), 70G(1), 70P, and 70T(2) of the Wildlife Act 1953.

1AInformation required for application for wildlife approval

  1. An application for a wildlife approval must—

  2. specify the purpose of the proposed activity:
    1. identify the actions the applicant wishes to carry out involving protected wildlife and where they will be carried out (whether on or off public conservation land):
      1. include an assessment of the activity and its impacts against the purpose of the Wildlife Act:
        1. list protected wildlife species known or predicted to be in the area and, where possible, the numbers of wildlife present and numbers likely to be impacted:
          1. outline impacts on threatened, data deficient, and at-risk wildlife species (as defined in the New Zealand Threat Classification System):
            1. state how the methods proposed to be used to conduct the actions specified under paragraph (b) will ensure that best practice standards are met:
              1. describe the methods to be used to safely, efficiently, and humanely catch, hold, or kill the animals and identify relevant animal ethics processes:
                1. state the location or locations in which the activity will be carried out, including a map (and GPS co-ordinates if available):
                  1. state whether authorisation is sought to temporarily hold or relocate wildlife:
                    1. list all actual and potential wildlife effects (adverse or positive) of the proposed activity, including effects on the target species, other indigenous species, and the ecosystems at the site:
                      1. where adverse effects are identified, state what methods will be used to avoid and minimise those effects, and any offsetting or compensation proposed to address unmitigated adverse effects (including steps taken before the project begins, such as surveying, salvaging, and relocating protected wildlife):
                        1. state whether the applicant or any company director, trustee, partner, or anyone else involved with the application has been convicted of any offence under the Wildlife Act:
                          1. state whether the applicant or any of the company director, trustee, partner, or anyone else involved with the application has any current criminal charges under the Wildlife Act pending before a court:
                            1. provide proof and details of all consultation, including with hapū or iwi, on the application specific to wildlife impacts:
                              1. provide any additional written expert views, advice, or opinions the applicant has obtained concerning their proposal.

                                1BReport by Department of Conservation

                                1. The report referred to in section 24G must address the risks to wildlife of the project and the impacts of the project on wildlife.

                                1BAPersons to be invited to provide written comments

                                1. For the purposes of section 24M(2)(k) , the persons are—

                                2. the New Zealand Conservation Authority; and
                                  1. relevant Conservation Boards; and
                                    1. the New Zealand Fish and Game Council; and
                                      1. the Game Animal Council.

                                        1CCriteria for assessment of application for wildlife approval

                                        1. For the purposes of section 24W , when considering an application for a wildlife approval, the panel must take into account, giving the greatest weight to paragraph (a) ,—

                                        2. the purpose of this Act; and
                                          1. the purpose of the Wildlife Act 1953 and the effects of the project on the protected wildlife that is to be covered by the approval; and
                                            1. the report by the Director-General of Conservation prepared in accordance with clause 1B ; and
                                              1. information and requirements relating to the protected wildlife that is to be covered by the approval (including, as the case may be, in the New Zealand Threat Classification System or any relevant international conservation agreement).

                                                1DConditions

                                                1. A panel may set conditions on a Wildlife Act approval that it considers appropriate to ensure that best practice standards are met.

                                                2. In setting any condition under subclause (1) , the panel must—

                                                3. consider whether the condition would avoid, minimise, or remedy any impacts on protected wildlife that is to be covered by the approval; and
                                                  1. where more than minor residual impacts on protected wildlife cannot be avoided, minimised, or remedied ensure that they are offset or compensated for where possible and appropriate; and
                                                    1. take into account, as the case may be, the New Zealand Threat Classification System or any relevant international conservation agreement that may apply in respect of the protected wildlife that is to be covered by the approval.

                                                      2Status of Wildlife Act approval and variation of Wildlife Act approval

                                                      1. A Wildlife Act approval granted under this Act—

                                                      2. has force and effect for its duration, and according to its terms and conditions, as a lawful authority for the purposes of Part 5 of the Wildlife Act 1953 for the act or omission for which the approval was granted; and
                                                        1. is treated as if it were granted under that Act.

                                                          1. The Director-General of Conservation may at any time vary or replace a Wildlife Act approval referred to in subclause (1) on application by the holder of the approval.

                                                          2. For the purposes of subclause (2) ,—

                                                          3. the information required to be submitted to the Director-General is the information specified in clause 1A ; and
                                                            1. the Director-General must decide the application for the variation or replacement and set any conditions in accordance with clauses 1C(a), (b), and (d) and 1D as if the application were for a Wildlife Act approval and as if the references in clauses 1C and 1D to the panel were to the Director-General; and
                                                              1. Part 2 of this Act does not apply.

                                                                1. The Director-General may revoke a Wildlife Act approval granted under this Act.

                                                                2. Section 53(7) of the Wildlife Act 1953 applies to a Wildlife Act approval as if it were an approval granted under section 53 of that Act.

                                                                3Section 71 of Wildlife Act 1953 disapplied

                                                                1. Section 71 of the Wildlife Act 1953 (which requires joint ministerial consent in certain cases) does not apply if an approval under this Act includes any authority provided for in that Act.