National withdraws support for conservation fines bill

Sunday, 2 September 2018, 9:10 pm
Article: NZ Energy and Environment Business Week

First published in Energy and Environment on August 29

National MPs have withdrawn their support for a new conservation infringement law following the extension of the regulatory regime to Fish and Game Council officers.

The Conservation (Infringement System) Bill has been reported back from Parliament’s Environment Committee with several changes including giving new powers to Fish and Game officers.

The Bill was introduced by National in February 2017, but did not receive its first reading until February this year. It was supported by all parties and ministers did express interest in the idea of extending the infringement system beyond Department of Conservation and regional council officers.

The omnibus bill amends eight conservation-related laws creating a regulatory framework for an infringement system. Currently there are only limited options for dealing with offences under this legislation either warnings or a prosecution before the courts. The Bill seeks to provide the DoC and local councils (in relation to reserves) with a more effective system of enforcement. It aims to ensure that penalties for offences are commensurate with the seriousness of the offence. The bill would provide for an infringement notice to be issued, as a midway point between a warning and a prosecution.

The infringement system would sit within the Summary Proceedings Act and Criminal Procedure Act, which provide the standard legal framework for infringement offences. Given the range of seriousness of offending within most conservation-related offences (eg, killing a common protected bird or killing a kakapo are covered by the same offence provision), the system is designed to allow a warning to be given, an infringement notice to be issued, or a prosecution to be taken, with the choice depending on the seriousness of the case.

Not all current offences will have infringement notices as a compliance option, as they are considered to always be serious offences. That includes risking public safety when using firearms.

The Bill as amended by the select committee also gives infringement powers for fish and game councils. New Zealand has 12 regional fish and game councils and one national body (the New Zealand Fish and Game Council). These are independent statutory bodies that manage game bird hunting and sports fishing. The fish and game councils already have significant enforcement powers under the Conservation Act and the Wildlife Act.

The select committee’s report says “It is rare for a non-government body to have the power to issue infringement notices. However, the fish and game councils are already well versed in managing their enforcement powers and therefore some of us recommend they also be given the power to issue infringement notices under the bill.”

Safeguards would set out minimum requirements for the Fish and Game Council and the 12 regional councils to ensure powers are used appropriately. These powers include requiring suspected offenders to give information.

National said in the report it supported the new regime for DoC However, extending it to fish and game officers “has serious ramifications with respect to the credibility, accountability and administration of the system that would ultimately undermine the Department of Conservation’s ability to operate a fair and objective infringement system”.

Fish and game staff are not State sector employees and “not subject to the same codes of conduct and minimum standards as to integrity as departmental rangers”.

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