Hon Tama Potaka
Minister of Conservation

Prompt improvements to the Wildlife Act will ensure infrastructure developments and important conservation work can continue supporting our growing economy while protecting our precious wildlife, Conservation Minister Tama Potaka says.

The High Court recently decided it was unlawful for the Department of Conservation – Te Papa Atawhai to authorise the New Zealand Transport Agency – Waka Kotahi under section 53 of the Wildlife Act to harm protected wildlife species while building the Mt Messenger highway.

“As permission was also granted under another section of the Act, the court’s decision doesn’t affect this highway’s ongoing construction. It will not affect Fast Track projects either,” Mr Potaka says.

“However, the decision could delay other projects DOC has given permission for or are still coming through the pipeline under section 53 of the Act – such as building new solar and wind farms, plantation forests, and powerline maintenance that are essential for supporting our growing economy. It also affects other important conservation work, like pest control.

"The Government intends to promptly change the law to enable these important activities to go ahead lawfully, including the building of houses and roads for example, as they have in the past with safeguards for wildlife. These amendments will provide certainty for existing projects,” Mr Potaka says.

“While developers are absolutely expected to make the best possible effort to protect our precious wildlife when getting on with their mahi, they should have confidence they won’t be prosecuted if their projects incidentally kill protected wildlife despite having previous authorisation and complying with the conditions set.

“It’s important Aotearoa New Zealand’s wildlife continues to be protected and that species can thrive as we support a strong and growing economy. The Government still expects responsible developers to seek permission for the activities they undertake – for example, seeking to relocate animals before doing any construction work – to protect populations and support the ongoing viability of species.”

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