Draft National Policy Statement for Indigenous Biodiversity

Draft National Policy Statement for Indigenous Biodiversity
Thursday 12 December, 2019
The Draft National Policy Statement for Indigenous Biodiversity (“proposed NPS-IB”) was released for consultation with the purpose to maintain indigenous biodiversity. Under the RMA, management of indigenous biodiversity by councils has resulted in uncertainty and debate by councils and communities, and litigation that is costly and time consuming for councils, landowners, tangata whenua, and community groups. The proposed NPS-IB is intended to give consistency to councils’ interpretations and application of the RMA. This will result in more consistency in council’s monitoring and management approaches, and result in better outcomes for biodiversity.
The concept of Hutia te Rito underpins the proposed NPS-IB as a way of transitioning New Zealand’s biodiversity management system to one that acknowledges and incorporates te ao Māori, and mātauranga Māori and tikanga Māori. It requires decision makers to hold Hutia te Riti at the forefront of considerations when making decisions about biodiversity management.
The proposed NPS-IB outlines proposals that would require territorial authorities to identify and map Significant Natural Areas (“SNAs”). It also sets out measures for identifying and managing taonga species or ecosystems, and highly mobile fauna. The proposed NPS-IB provides for managing the adverse effects on indigenous biodiversity, both inside and outside SNAs, including biodiversity issues relating to developing Maori land, climate change, use of the precautionary approach, and use of biodiversity offsets and biodiversity compensation. The proposed NPS-IB also provides tools for restoration and enhancement of indigenous biodiversity with a view to reversing its decline, such as developing regional biodiversity strategies, restoration and enhancement of priority areas and setting targets for increased indigenous vegetation cover. Monitoring of indigenous biodiversity will be required by regional councils as well and the Ministry for the Environment.
The key timeframes are listed below:
- By early-mid 2020, a review of NPS-IB will take place with the Governments final decisions on policy.
- By mid-2020, the NPS-IB is expected to be gazetted.
- By 2023:
- Regional councils without regional biodiversity strategies will need to have initiated production of one within three years.
- Territorial authorities or regional councils that have already identified SNAs will need to demonstrate how this fulfils the requirements of the NPS-IB.
- By 2026:
- Territorial authorities will need to have identified, mapped and notified all SNA’s.
- Regional councils with pre-existing regional biodiversity strategies, or one under development at the commencement of the NPS-IB must have updated and completed them.
- Regional councils without pre-existing regional biodiversity strategies to have completed them.
- As soon as reasonably practical or by 2028, all councils are to implement the NPS-IB in full.
Councils should note that several other National Policy Statements are due to be gazetted around the same time as the NPS-IB in mid-2020.
Public consultations are open until 14 March 2020.
Talk to one of our experts
Related Articles

Councils challenge to transfer of water services rejected in High Court
Thursday 30 March, 2023

When the rubber hits the road - All aboard Aotearoa's challenge
Tuesday 11 October, 2022

Declarations that an Enactment Inconsistent with Bill of Rights
Tuesday 11 October, 2022

Proposed mandatory consideration of specific Māori representation
Tuesday 11 October, 2022

New Regime for Protected Disclosures (Whistleblower legislation)
Wednesday 29 June, 2022

Operative plans and proposed plans: what to do when there is a significant policy shift?
Wednesday 30 March, 2022

Notices of requirement are relevant for resource consent applications
Wednesday 30 March, 2022

Avoidance policies reign in the wake of King Salmon, but what do they require?
Wednesday 30 March, 2022

Court gives guidance on consultation and decision-making process
Wednesday 30 March, 2022

Cultural evidence and the continued draw of the overall judgment
Tuesday 21 December, 2021

Fluoridation debate lifted from shoulders of local government
Tuesday 21 December, 2021

Will new housing density rules increase contributions for developers?
Thursday 28 October, 2021

Judicial review of Hamilton City Council's development contributions policy
Tuesday 5 October, 2021

Lease of Wanaka Airport set aside due to insufficient consultation
Tuesday 15 June, 2021

What if an abatement notice requires you to breach the Resource Management Act?
Tuesday 15 June, 2021

“No ‘wine-ing’ covenants” declined for a subdivision consent in Gibbston Valley
Tuesday 15 June, 2021

From car parking fine to judicial review of a council’s code of conduct
Tuesday 15 June, 2021

Councils remain liable for compliance of contractors with the RMA
Thursday 18 March, 2021

Randerson Report released: New Direction for Resource Management
Wednesday 5 August, 2020

Could companies be liable to the public for the harm caused by their emissions?
Tuesday 10 March, 2020

Avoiding double penalties when sentencing a company and director
Thursday 23 April, 2020

Can an easement be granted over an esplanade reserve for a commercial activity?
Thursday 12 December, 2019

Draft National Policy Statement for Freshwater Management 2019 for consultation
Thursday 3 October, 2019

Local authority requiring monetary contributions on designations
Thursday 20 June, 2019

Bella Vista: MBIE Report highlights failure to perform statutory functions
Tuesday 9 April, 2019

Recent decision on "affected persons" highlights the importance of context
Wednesday 28 November, 2018

High Court finds Council liable in negligence for damage from fallen tree
Thursday 27 September, 2018

Court upholds sensible approach to local authority works on private property
Tuesday 24 July, 2018

Must Councils accept an assertion that a person is ‘suitably qualified'?
Friday 9 March, 2018
