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New Zealand’s Indigenous Forests
New Zealand has 6.4 million hectares of indigenous forest. About 77 percent is Crown owned and managed by the Department of Conservation. About 31 percent of private indigenous forest is in Maori ownership. New Zealand’s indigenous forests generally comprise three main forest types; pure beech, podocarp-beech and podocarp-hardwood. Introduced pests such as deer, goats, possums, stoats and wasps are adversely affecting many of New Zealand's indigenous forest ecosystems. INDIGENOUS FORESTRY PROVISIONS (PART IIIA) OF THE FORESTS ACT 1949 The Forests Act requires landowners to have a sustainable management plan or permit if they wish to harvest and mill indigenous timber. The Act also affects exporters of indigenous forest produce. Part IIIA (the "indigenous forestry provisions") of the Forests Act (the Act) came into force on 1 July 1993. Its purpose is to promote sustainable management of indigenous forests. The Act introduced sustainable forest management plans and permits, and indigenous timber sawmilling and export controls. It covers all indigenous forests except West Coast indigenous Crown forests, timber from forests on land reserved under the South Island Landless Natives Act 1906 (SILNA), timber from forested land administered by the Department of Conservation, and planted indigenous forest. (Note that a Forest Amendment Bill is currently before Parliament - see below). Sustainable Forest Management Plans and Permits Sustainable forest management is defined as managing a forest in a way that maintains its ability to provide a full range of products and amenities in perpetuity, while retaining its natural values. The Act lays down standards that must be achieved. Sustainable forest management plans and permits are approved by the Director-General of Agriculture and Forestry. The Director-General must consult the Department of Conservation on all plans and permits, and also Te Puni Kokiri if a plan or permit includes M@ ori land. These agencies can seek amendments to plans. Sustainable management plans describe the landowner’s forest management intentions. They must provide an accurate description of the forest, the expected harvest volumes and proposed operational details. The plan must satisfy the Director-General that the level of harvesting does not exceed the growth rate of the forest and that the harvesting system will not compromise the forest’s natural values. Harvesting levels are generally the most contentious issues. As an alternative to a plan, landowners may apply for a sustainable management permit. A permit has capped volumes depending on the species, irrespective of the forest area. A sustainable forest management permit is generally more suited to smaller areas of forest. The sustainable management requirements and consultation provisions are the same as for plans. Sustainable forest management plans and permits must be registered against the land title and have an annual logging plan approved prior to any harvesting taking place. Sawmilling Controls The Act requires sawmills wishing to mill indigenous timber to be registered with the Ministry of Agriculture and Forestry. Registered sawmills are generally able to mill only timber harvested under a sustainable management plan or permit, although there are provisions to cover the milling of material such as salvaged and windthrown timber and timber for personal use. Export Controls The Act provides for the export of rimu and beech sawn timber, provided it is sourced under a registered sustainable forest management plan or permit. Exporting sawn timber of other indigenous species is prohibited. Sawn timber sourced from land reserved under the South Island Landless Natives Act 1906, or managed under the West Coast Accord, is exempt from the export controls. Manufactured indigenous timber products, such as furniture, can also be exported regardless of the source of timber used in the products. Tree stumps and roots can be exported. The Act prohibits the export of indigenous logs and wood chips. Progress on Implementation of Sustainable Forest Management As at March 2001 there were 26 approved sustainable forest management plans covering an area of 25 869 hectares, with an approved annual log harvest volume of 55 006 cubic metres. Some 289 sustainable forest management permits had been approved covering an area of 36 091 hectares, and with a ten year log harvest volume of 75 522 cubic metres. Amendments to the Forests Act The 1999 Forests Amendment Bill currently before Parliament proposes to:
Since the introduction of the Bill the new Government has decided to cease all harvesting from Crown indigenous forests by March 2002. Refinement of the Amendment Bill will be required to give affect to this decision. The Compliance Cost of Implementing Sustainable Forest Management As well as obtaining approval for a sustainable forest management plan or permit, landowners must obtain any consents necessary under the Resource Management Act (RMA) 1991. This creates the potential for duplication of control between the Act and the RMA, and between regional and district councils. The Ministry for the Environment is working on an approach to how councils should respond to their duties under section 6 (c) of the RMA to protect significant indigenous vegetation and habitat. The Ministry of Agriculture and Forestry urges councils to identify areas of significant indigenous vegetation and habitat of indigenous fauna within their domain, and to protect them through appropriate resource consent classifications. In areas that are not significant, the Ministry recommends that councils classify indigenous forestry carried out under an approved sustainable management plan or permit pursuant to the Act as a permitted activity. Performance standards to address matters such as soil and water protection and landscape considerations can be set out as part of the compliance requirements. Implications
LAND RESERVED UNDER THE SOUTH ISLAND LANDLESS NATIVES ACT 1906 Forests on land granted to Maori under the South Island Landless Natives Act 1906 are exempt from the indigenous forestry provisions of the Forests Act. They are the only private indigenous forests in New Zealand not covered by sustainable forest management requirements. The South Island Landless Natives Act 1906 (SILNA) allocated land to 4 064 named Maori for their support and maintenance. Just over 50 000 hectares of the original allocation remain, including 24 000 hectares of indigenous forest concentrated largely in Otago and Southland (including Stewart Island), with smaller areas located in Marlborough and the West Coast. In recognition of their unique historical status, the SILNA forests were exempted from the 1993 indigenous provisions of the Forests Act. These forests, however, remained subject to controls on the export of indigenous timber and timber products imposed by the Minister of Customs under the Export Prohibition Regulations 1953. From 1 October 1996, timber exports from SILNA land were controlled through the Customs and Excise Prohibition Order 1996 made pursuant to the Customs and Excise Act 1996. However, in June 1999 the High Court ruled that use of the Customs and Excise Act was not a lawful mechanism to control the export of wood products. The opportunity for harvesting timber without the obligation for sustainable management makes SILNA forests increasingly commercially attractive. However, a number of sections of the SILNA forests also have high conservation values. In 1993 the Waitutu Incorporation, representing the owners of some SILNA forest sections along the Waitutu coastline and adjoining Fiordland National Park, contracted Paynter Timber Ltd to harvest indigenous forests on such land. In 1995 the Crown successfully negotiated purchase of the cutting rights to prevent harvesting taking place. In 1999 a deed of settlement was negotiated to protect 3 515 hectares at the Lords River on Stewart Island. This involved a settlement of $10.9 million to the owners in exchange for the area being permanently covenanted and managed as a national park. Negotiated settlements with South Island Landless Natives Act Forest Owners The current policy towards SILNA forests is to pursue negotiated settlements with the owners on a section by section basis (there are over 400 sections in total). These settlements may include bringing the sections under the Forests Act, agreement to a conservation outcome, and withdrawal from the Wai 158 claim. The Wai 158 claim was lodged in July 1990 by Ken McAnergney on behalf of Rau Murihiku Whenua Maori and SILNA forest owners in Southland and Otago. The claim alleges that the claimants are being deprived of an economic base by the Crown's indigenous forest policy, and that the policy is a derogation of rangitiratanga and a breach of the claimants' rights under Article 2 of the Treaty of Waitangi. The Crown position on Wai 158 is that the substance of it relates to the Government's contemporary indigenous forest policy, as given expression through the indigenous wood chip export ban and Part IIIA of the Forests Act. Inclusion of sections under the Forests Act would be on a voluntary basis. The mechanism for this is dependent on the passage of the Forests Amendment Bill currently before Parliament. The first stage of this process is to gain the agreement of owners to a one-year voluntary moratorium on harvesting, on receipt of a small goodwill payment from the Crown. The first of the voluntary moratoriums was signed in October 1999. The Government appointed an independent Lead Crown Negotiator (Mr George McMillan) in July 1999 to pursue negotiated settlements. The Lead Negotiator is supported by a Crown Negotiating Team comprising officials from the Ministry of Agriculture and Forestry, the Department of Conservation, Te Puni Kokiri and the Treasury. Implications
WEST COAST ACCORD The Forests (West Coast Accord) Act 2000 cancelled the West Coast Accord and withdraws Crown indigenous forests on the West Coast from management which includes timber production by 31 March 2002. Crown forests covered by the West Coast Accord were exempt from the Part IIIA Provisions of the Forests Act. The management of these forests has been undertaken by Timberlands West Coast Limited (TWCL) - a State-owned enterprise - under a Deed of Appointment with the Crown. The West Coast Accord, signed in 1986, was an agreement between the Forest and Bird Protection Society of New Zealand Inc. and the Native Forests Action Council (now Ecologic Foundation), local authorities, industry and the Government. The West Coast Accord and other decisions resulted in:
The bulk of the North Westland beech forests will be transferred to the Department of Conservation, but responsibility for the future management of Okarito and Saltwater forests in South Westland has yet to be determined. |
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