The government has released a proposed National Policy Statement for Indigenous Biodiversity (“NPSIB”). The purpose of the NPSIB is to set out objectives and policies in relation to maintaining indigenous biodiversity and to set out what councils must do to achieve those objectives.
Key features of the proposals are outlined below:
There are six objectives and 15 policies in the NPSIB.
The primary objective is to maintain indigenous biodiversity. The “maintenance” of indigenous biodiversity requires at least no reduction in six ecological criteria set out in the NPSIB. In this sense the NPSIB sets an ecological “bottom line”.
Hutia te Rito is established as a fundamental concept, aimed at achieving an integrated/holistic approach to maintaining indigenous biodiversity. The concept of Hutia te Rito “recognises that the health and wellbeing of our environment – its ecosystems and unique indigenous plants and animals – has intrinsic value”.
The NPSIB also contains more detailed provisions directing the ways in which the maintenance of indigenous biodiversity shall be achieved. For example:
Councils will be required to identify areas where there is significant vegetation and/or habitats of indigenous fauna (termed Significant Natural Areas – “SNA”s) and to manage the protection of SNAs through RMA plans and consent processes. The NPSIB contains an extensive set of criteria for identifying SNAs, which may be rated either high or medium (attracting different levels of protection).
The NPSIB requires that, in relation to any new subdivision, use or development that takes place in or affects an SEA, certain key adverse ecological effects are avoided. There are certain exceptions, including for nationally significant infrastructure, but the exceptions are narrowly framed.
The NPSIB provides for existing activities to an extent.
Provisions address and provide for biodiversity offsetting and compensation.
The NPSIB applies to:
indigenous biodiversity throughout New Zealand, other than in the coastal marine area and in waterbodies and freshwater ecosystems; and
all land, including public, private and Māori land.
The NPSIB will have important implications for a wide range of parties. Information on the NPSIB, including a discussion document regarding the proposals, is available on the Ministry for the Environment’s webpage here.
Feedback on the proposed National Policy Statement is due by 14 March 2020.
If you would like to discuss how the proposals may affect you or your business, feel free to contact ChanceryGreen.