Feedback sought on discussion document

Te Tumu Paeroa is currently reviewing the discussion document for ‘Managing our wetlands in the coastal marine area’, which was released recently for public engagement and submissions by Manatū mo te Taiao | Ministry for the Environment.

We are collating feedback from owners on this discussion document to assist in forming a submission and invite owners to contact us by 31 August 2022.

Overview of ‘Managing our wetlands in the coastal marine area’

The National Policy Statement for Freshwater Management (NSP-FM) and the Resource Management (National Environmental Standards for Freshwater) Regulations 2020 (NES-F), provides national direction and regulations that are intended to maintain, protect and enhance freshwater and its ecosystems.

The NES-F’s wetland provisions were drafted to restrict activities that were likely to cause the loss or degradation of all natural wetlands, including those found in the coastal marine area (CMA). However, since its implementation, many have interpreted the policy to only apply to natural inland wetlands (wetlands not found in the CMA) and have instead relied on the New Zealand Coastal Policy Statement 2010 (NZCPS) and regional coastal plans to regulate activities affecting wetlands in the CMA.

This lead to the court case Minister of Conservation v Mangawhai Harbour Restoration Society Incorporated [2021], with the High Court deciding that the NES-F wetland provisions do apply to natural wetlands in the coastal marine area. This has prompted stakeholders and councils to raise concerns around the implications of applying the NES-F wetlands provisions over top of the New Zealand Coastal Policy Statement and regional coastal plan rules.

This discussion document is seeking public feedback on whether the NES-F should remain unchanged or whether it should be amended to implement one of the two options proposed by the Government to address this issue. The proposed options being considered are listed below, with the Government’s preferred option being option 2:

• Retain the status quo: The NES-F continues to apply to the CMA (unchanged)
• Option 1: Amend the NES-F to clarify where and how it applies to the CMA
• Option 2: Amend the NES-F so its wetland provisions do not apply to the CMA

Submission key dates

The public submission period closes on 21 September 2022, however, we would like to hear from owners by 31 August 2022 to ensure we are able to collate and include your valuable feedback in our submission.

All responses will be collated into categories, and we will submit them as a collective, not as individual comments. Therefore, we strongly encourage owners to also write their own individual submissions to ensure their views on particular points are heard.

Comments and feedback can be sent to [email protected] with the subject ‘Managing our wetlands in the coastal marine area’.

Further information on the discussion document and how you can individually submit can be found at the following links:

• Managing our wetlands in the coastal marine area (Manatū mo te Taiao | Ministry for the Environment)
• Individual submissions can be made to Manatū mo te Taiao | Ministry for the Environment - here