24/05/2019
The Department of Conservation's new approach to consultation
The Department of Conservation has made an appalling blunder in its management of the Paparoa National Park whereby the Paparoa National Park Management Plan (PNPMP) allows certain illegal activities, notably commercial recreational helicopter landings and sporting events.
This situation has arisen because DOC management has not complied with the requirements of the National Parks Act 1981, which specifies that the 2017 PNPMP must comply with the provisions of the West Coast Conservation Management Strategy (CMS). The latter is a higher order management plan that excludes commercial helicopter landings and sporting events in the park, so as to preserve its natural peace and quiet.
In fact the problem is much more serious than just DOC’s blunder because the failure of the 2017 PNPMP to comply with the CMS means that the plan could not have legally been signed off by the New Zealand Conservation Authority in the first place. Therefore the whole management plan is illegal.
But rather than follow the law, and amend the PNPMP so as to make it compliant with the CMS, or throw it out and reinstate the 1992 plan until a new review is undertaken and properly approved, the Department has chosen to amend the CMS in order to make it comply with the PNPMP, in particular where the latter allows, no surprises here, commercial helicopter landings and sporting events. This is no supposition. DOC’s amendment proposal clearly states that the purpose of the amendments is to bring the CMS in line with the 2017 PNPMP.
So much for the principle of natural justice that requires a decision maker to have no bias. The general public have been invited to make submissions (closed on 20 May 2019) but the evidence is that those who have submitted opposing the amendments will be ignored.
This unbelievable and improper procedural mess originated from the previous government’s offer of a pacifier to the families of the 29 miners killed in the 2010 Pike River coal mine explosion. The explosion would probably not have occurred if government changes in health and safety had not led to a decline in the capacity and effectiveness of coal mining inspectors. Perhaps in recognition of this, though not publicly, the then Environment Minister, Nick Smith, held confidential meetings with representatives of the families of dead miners and proposed the construction of a 45 km Pike 29 Memorial Track that would extend the existing Croesus Track, south of the Paparoa National Park, northwards so as to join the park’s Inland Pack Track via a short alpine traverse and exit at Punakaiki. The track would include two huts and be dual use for walkers and bicycles. Cabinet approved the proposal and $10 million was set aside for its construction. By November 2015 DOC was announcing the coming of the 10th Great Walk, the Pike 29 Memorial Track.
But there was an irksome problem. The operational plan for the park was the 1992 PNPMP, which excluded new tracks and huts and emphasised the importance to the park's peace and quiet. Before construction could get underway the old management plan had to be got rid of and allowance made for the new track. So, in a manner similar to the present procedure for amending the CMS, a review of the 1992 PNPMP was undertaken and the general public invited to make submissions. When the matter of the already approved new track was raised at one of DOC’s public "consultation" meetings at Punakaiki, and which questioned the purpose of the meeting if decisions had already been made approving the track, the facilitator refused to discuss the matter.
Smith knew there would be a lot of support from people who liked to ride their bicycles along mountain tracks. There was also a lot of emotional support for the families of the 29 miners killed, which generated a groundswell of momentum in favour of the track that rolled over any opposition. Even the suggestion of a former mayor of Westport that $10 million would be more appropriately spent on a new hospital wing, was ignored.
But most disconcertingly the manner in which the new track had been approved and advertised before any public consultation had been sought was clear evidence that the review of the PNPMP would favour the new track, regardless of submissions opposing it. The review process was just a formality, and so it turned out.
To make things even murkier, if possible, much of the impetus for the proposed CMS amendments has come from commercial interests who have started planning for a major sporting event on the new Paparoa track that promises to see hordes of bicycles and helicopters careering over the remains of the 29 dead miners resting quietly in the mine passages below. The organisers need concessions to operate, but these cannot be granted until the legality of the provisions of the 2017 PNPMP are sorted out. No doubt they will be making strong submissions on the proposed amendments.