Bioprospecting in New Zealand: Access to Resources - on Land, in Water Bodies and in the Coastal Marine Area
[ Last Updated 16 December 2005 ]
PowerPoint Presentation Slides
to the
Bioprospecting in New Zealand Seminar, 21 February 2003
Rebecca Macky
Environmental Consultant
This presentation is also available in
PowerPoint (1235 KB) and
Adobe Acrobat (590 KB) formats
Contents
Slide 1: What Is Bioprospecting?
- Examination of biological resources for commercial development.
- Concept of "prospecting" for resources.
- A targeted search for a certain use.
Slide 2: Why Important?
- Unique native fauna and flora
- 80% of our flora is endemic
- trees
- ferns
- flowering plants
- River systems, lakes and wetlands
- Water plants, freshwater fish, waterbirds, invertebrates
Slide 3: Bioprospecting Involves
- The collection of a resource…
- And its examination…
- And its exploitation - in the laboratory or through farming or harvesting.
Slide 4: Possible Environments
- Private land
- Public (conservation) land
- Water bodies - lakes, rivers, wetlands and geothermal waters
- Coastal marine environment (including marine reserves)
- Exclusive economic zone
Slide 5: Applicable Environmental Legislation
- RMA
- Conservation Act
- Fisheries Acts
Slide 6: Resource Management Act
- Purpose: sustainable management of resources
- Applies to 70% of New Zealand
- Excludes Conservation Act land
- Mandates the conditional use and development of the environment
- Managed by local authorities
Slide 7: RMA Process
- Statutory plans
- Assessment of environmental effects
- Notification
- Submissions
- Hearing at Council level
- Matters to take into account
- Appeals to Environment Court
Slide 8: Access to Private Land
- RMA is permissive
- No activity that contravenes a plan without resource consent
- Very wide definition of "use"
- e.g.: any disturbance of land or habitats
- RMA does not give access rights to private land
Slide 9: Access to Water
- Prohibitive presumption
- No use (etc.) of lakes and river beds unless allowed in a plan or consented
- May not disturb, remove etc any plant or its habitat
- No use (etc.) of water unless allowed in a plan or consented
Slide 10: Access to the Coastal Marine Environment
- prohibitive presumption
- No use (etc.) unless allowed in a plan or consented
- Includes "destroy, damage or disturb" the foreshore and seabed
- Occupation
- No removal of "sand, shingle, shell" etc
Slide 11: Conservation Act
- Purpose: conservation of resources
- All about: "preservation and protection"
- Applies to 30% of New Zealand
- Includes National Parks and marine reserves
- Managed by Dept of Conservation
Slide 12: Conservation Act Process
- No activity without a concession (some exceptions)
- Complicated application process
- Two reports to decision-makers
- Series of technical knock-outs
- Matters taken into account
- No appeal rights
Slide 13: Access to Public Land
- Concessions granted in 4 forms
- lease
- licence
- permit
- easement
- Bioprospecting would require
- permit or licence
- lease for exclusive possession
Slide 14: Significant Differences
- Applicability of process
- Exclusivity of process
- Statutory plans
- Consultation with iwi
- Notification
- Technical knockouts
- Matters to be considered
- Appeal rights
= Inconsistencies!
Slide 15: Implications for Bioprospecting
- Two different statutory purposes
- Two different statutory regimes
- Notification - different rules
- AEE - sustainable management v. conservation values
- Inconsistences - between Acts, DOC offices, regions and districts
Slide 16: Flaws in the System
| | RMA - Consent Required | Conservation Act - Concession Required |
|---|
| Collect | land - probably not
water - probably | yes - permit or licence |
|---|
| Examine | lab or business premises | N/A |
|---|
| Exploit | land - maybe
water - yes | yes - licence or lease |
|---|
Slide 17: Conclusion
- Problems with ownership
- Problems with access
- Problems with "disconnects" -
- between exploration and exploitation
- between RMA and Conservation Act processes
- between uneven administration of statutory processes
Back to Top