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Legal: Reforms to NZ Forestry Rules to Cut Compliance Costs?

The Luxon government is looking for a complete policy reset in after six years of Labour governments.


Thu 12 Sep 24

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The Luxon government’s decision to roll back rules, allowing councils to introduce stricter rules on forestry, has been welcomed by one of New Zealand’s top legal firms – which argues that inconsistencies in rules across jurisdictions have caused compliance costs to spike.

“It appears likely that a local authority’s ability to introduce more stringent or lenient rules within their districts/regions will be significantly reduced,” according to Minter Ellison: “This is likely to be a positive step for the forestry sector, who have been grappling with different rules applying across their forests, increasing regulatory compliance and costs.”

Last week, Wood Central reported that Todd McClay, New Zealand’s Forestry Minister, said the “unworkable regulatory burden” had created confusion and cost. For instance, foresters could be required to get consent for new plantings in areas with little risk.

“It’s important that forestry rules are nationally consistent and always based on clearly demonstrable evidence,” McClay said, adding that the government would make changes to ensure councils had a “comprehensive fit-for-purpose” toolkit with all the rules in one place.

The rules governing “low-risk slash” would also be clarified:

These changes will allow the councils to focus on the most at-risk areas and work with the forestry sector to lower costs and deliver better social and environmental outcomes.

Todd McClay, New Zealand’s Forestry Minister.
Non-compliance with resource management consents exposed after enormous amount of forestry slash is washed up after heavy rain and flooding onto beaches and into farmland around the East Coast of New Zealand`s North Island, especially in the Tolaga Bay district. (Photo Credit: Dreamstime)
Non-compliance with resource management left enormous forestry slash washed up after Cyclone Gabrielle along the East Coast of New Zealand`s North Island, especially in the Tolaga Bay district. (Photo Credit: Dreamstime)
Minister Ellison said the Luxon Government is proposing to:
  • Repeal regulation 6(4A), which says a rule in a plan may be more stringent or lenient than the NES-CF regulations relating to afforestation;
  • Modify regulation 6(1)(a), which says a rule in a plan may be more stringent than the NES-CF regulations if the rule gives effect to an objective developed to give effect to the National Policy Statement for Freshwater Management and
  • Improve slash management standards to clarify rules around slash on low-risk land.

The latest changes come after the Luxon government vowed to introduce new reforms centred around “restoring certainty and confidence” in its NZ 2.8 billion log and timber industry, its fourth largest export market.

“This government will drive investment to unlock the industry’s economic potential for growth,” according to McClay. “Forestry’s success is critical to rebuilding New Zealand’s economy, boosting our GDP, and providing regional jobs in a highly productive sector.”

The government’s vision for forestry is focused on four main areas:
  1. Economic Growth and Employment: The government aims to spur economic growth within the sector by creating jobs and boosting exports.
  2. Low-Emission Solutions: The sector is expected to deliver low-emission solutions and products, contributing to the country’s climate goals.
  3. Land Use Resilience and Biodiversity: The government supports land use resilience, adaptation, and biodiversity, along with their social benefits.
  4. Carbon Removal: Forestry will be vital in providing carbon removals to support climate goals.

Author

  • Wood Central

    Wood Central is Australia’s first and only dedicated platform covering wood-based media across all digital platforms. Our vision is to develop an integrated platform for media, events, education, and products that connect, inform, and inspire the people and organisations who work in and promote forestry, timber, and fibre.

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