Conservation Minister ‘Closed His Mind’ Over Stewardship Land, Environmental Groups Say

Mary Argue
Reporter

Environmental
groups say the conservation minister “closed his mind” to
public submissions on stewardship land when deciding
classifications for hundreds of thousands of
hectares.

The comments came as Forest and Bird and the
Environmental Defence Society opened their case against the
minister over reclassifications of stewardship land on the
West Coast of the South Island in the High Court at
Wellington.

Tama Potaka last year made 567 decisions
on what
to do with swathes of stewardship land, which is often
referred to as a holding pen for public conservation land
that is yet to have its natural and historic values
assessed.

At the time, Potaka described the
reclassifications as the most significant in the Department
of Conservation’s history, reflecting the conservation and
cultural value of hundreds of thousands of
hectares.

“Existing rights on stewardship land – such
as concessions for tourism activities, mining, and grazing
licences, for example – can continue,” he said.

But
environmental groups are challenging 99 of the minister’s
classification decisions.

Forest and Bird regional
conservation manager for Canterbury and the West Coast Nicky
Snoyink said the minister failed to provide reasons for the
decisions made.

In court on Wednesday, barrister Peter
Anderson argued the minister had “closed his mind” to
alternative classifications for the likes of Denniston
Plateau and Waitaha Forest following public
consultation.

“If you run a process where you ask for
public submissions for alternative suggestions – which is
what the minister did – and you receive submissions with
alternative suggestions provided and then you refuse to
consider those … that’s the problem.”

Justice Dale
La Hood pressed Anderson to articulate the legal argument:
whether it was mandatory for the minister to consider
submissions or a legitimate expectation.

“If you’re
putting a public notice out that says you’re going to
consider alternative suggestions, then you should consider
alternative suggestions,” Anderson said.

“Yes,” La
Hood replied, “morally that’s right, but I need to put it
into a legal category and as the law currently is, that
would have to be legitimate expectation.”

“I accept
that,” Anderson said.

Snoyink said Forest and Bird had
originally submitted that the Denniston Plateau be
classified as a scientific reserve and that Waitaha Forest
receive national park status, however both remained as
stewardship land.

Potaka said today: “As this matter
is now before the courts, I am unable to comment on the
specifics of the case.”

The hearing is set down for
two days, with the Crown expected to respond on
Thursday.

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