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Fast-track Approvals Act 2024

Amendments

Schedule 7: Approvals relating to Wildlife Act 1953

You could also call this:

“Rules for getting permission to do activities that might affect protected animals and birds”

This schedule explains how to get approval for activities that might harm wildlife protected by 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.

When reviewing your application, the panel will consider the purpose of the Fast-track Approvals Act and the Wildlife Act, as well as the effects on protected wildlife. They may set conditions to manage these effects. The panel will try to avoid, minimise, or fix any impacts on protected wildlife. If there are still some impacts, they might ask you to do something to make up for it.

If you get approval, it works like a permission under the Wildlife Act. The Director-General of Conservation can change or cancel your approval later if needed. You don’t need extra permission from ministers for your approved activities, even if the Wildlife Act usually requires it.

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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.

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7Approvals relating to Wildlife Act 1953 Empowered by s 115

1Interpretation

  1. In this schedule, wildlife 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.

2Information required in application for wildlife approval

  1. For the purposes of section 43(3)(h), 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 1953:
        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 1953:
                          1. state whether the applicant or any company director, trustee, partner, or anyone else involved with the application has any current criminal charges under the Wildlife Act 1953 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.

                                1. If the substantive application is to be lodged by more than 1 authorised person, the reference to the applicant in subclause (1)(b) must be read as a reference to the authorised person who is to be identified in the application as the proposed holder of the wildlife approval.

                                3Report by Director-General of Conservation

                                1. The report referred to in section 51(2)(c) must address—

                                2. the matters in clause 5(b) to (c); and
                                  1. any conditions that should be imposed in accordance with clause 6 or section 84.

                                    4Persons to be invited to provide written comments

                                    1. For the purposes of section 53(2)(m)(iv), 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.

                                            5Criteria for assessment of application for wildlife approval

                                            1. For the purposes of section 81, when considering an application for a wildlife approval, including conditions under clause 6, 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. 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).

                                                  6Conditions

                                                  1. A panel may set any conditions on a wildlife approval that the panel considers necessary to manage the effects of the activity on protected wildlife.

                                                  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.

                                                        7Status of wildlife approval and variation of wildlife approval

                                                        1. A wildlife 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 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 2(1); and
                                                              1. the Director-General must decide the application for the variation or replacement and set any conditions in accordance with clauses 5 and 6 as if the application were for a Wildlife Act approval and as if the references in clauses 5 and 6 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 approval granted under this Act.

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

                                                                  8Requirement in section 71 of Wildlife Act 1953 does not apply

                                                                  1. The requirement for joint ministerial consent under section 71 of the Wildlife Act 1953 does not apply if a wildlife approval has been granted under this Act.