Gisborne district councillors have concerns about potential changes the Government is considering to the National Environmental Standards for Commercial Forestry. Photo: Warren Buckland
Gisborne district councillors fear a proposed nationwide environmental standard will prevent the council from creating and enforcing rules to safeguard Tai Rāwhiti's "unique terrain".
During a council meeting last week, councillors questioned staff about whether they would be able to maintain control of their consenting process for commercial forestry with proposed changes to the National Environmental Standards for Commercial Forestry (NES-CF).
Councillor Rob Telfer said he was concerned some farming properties in the district were about to be approved to go into forestry.
"As soon as this comes out, councillors get it in the ear," he said.
"At the moment the whole focus is on erosion-prone land. If we don't look at the bigger picture of our whole district ... we're going to end up with more problems."
The council should be able to make some decisions for its district, he said.
Telfer said he didn't think the council had done enough with creating regulations while it could under the current NES-CF.
"We've missed an opportunity to actually do something for ourselves," he said.
Mayor Rehette Stoltz said that was "oversimplifying a very complex issue".
Council sustainable futures director Joanna Noble said there had been a law change passed quickly that limited how fast the council could progress with a plan change related to forestry.
Government officials were still working on the proposed changes to the NES-CF and consultation was expected in the first half of next year, Noble said.
In the interim, the council was sending clear messages to officials that it wanted to maintain the ability to control forestry in Tai Rāwhiti, she said.
"That's an ongoing conversation. We are waiting to see how that lands."
Noble said the government was working and consulting on several pieces of national direction and that was why it was taking time.
She reminded councillors they had the option of advocating to ministers.
Deputy Mayor Josh Wharehinga said he shared concerns about the proposed changes and reminded councillors environmental standards were not optional.
The council could create rules in the region based on only environmental standards.
"We can't make them harder because then those companies that the increased regulations affect will challenge them in [the] Environment Court."
Council chief executive Nadine Thatcher Swann said the council was sending a letter to the chief executive of the Ministry of Primary Industries outlining its considerations for changes to the NES.
Speaking with Local Democracy Reporting (LDR), she said the council had a few rules that prevailed over the NES-PF (the previous name for the now NES-CF) and these formed part of the regional freshwater provisions in the Tai Rāwhiti Resource Management Plan.
"These provisions were developed in 2014 and notified in 2015, before the NES-PF came into effect, and relate to discharges into waterways."
The NES-CF came into effect through the previous Labour government in November last year, allowing for more stringent rules to be put into regional plans for forestry.
The council had been developing rules for a plan change proposal since early 2023, Thatcher Swann said.
"The process of changing our rules requires a robust dataset and case, so that changes can stand up to legal opposition.
"We are working to have a draft for elected representatives to provide their feedback before publicly notifying in 2025.
"Council is supportive of minimising enforcement actions and their associated costs wherever possible."
Thatcher Swann said this involved several key strategies, including establishing robust region-specific rules, transitioning highly erodible land to permanent vegetation cover and the forestry sector adapting its practices to align more closely with the unique erosion risks in the region.
"Proactive, sustainable practices by the sector can reduce enforcement needs, fostering better outcomes for the environment, community and industry."
Gisborne District Council recently issued an abatement notice to Samnic Forest Management for failing to remove large amounts of slash and debris from its 940ha forest on steep and erosion-prone land near Tolaga Bay.
The notice was issued after an inspection by council officers last month.
The company was prosecuted and fined $91,000 in August for a similar transgression.
Samnic Forest Management previously said it was reviewing the notice and taking legal advice.
A council spokesperson confirmed to LDR the forestry companies subject to successful GDC prosecutions or enforcement order applications this year were Samnic Forest Management and Forest Management Solutions.
China Forestry Group New Zealand Company, Wood Marketing Services, Ernslaw One and Timbergrow were also subject to successful enforcement order applications.
The council spent $137,000 this year in the prosecution of Samnic Forest Management and Forest Management Solutions - those cases running from 2022 to July this year.
Thatcher Swann had previously said for every $1 million the council spent on legal and investigation fees, it might get $250,000 back because of how much they could be fined under the law.
Eastland Wood Council chairman Julian Kohn told LDR there were a few resource consent conditions that could stop a forestry company from harvesting because "the conditions around sediment and woody debris are impossible to meet - for any landowner".
Kohn said it would be months before they knew what changes the government was going to make to the NES-CF.
"In the meantime, we're looking forward to improving our operational outcomes in the forest and improving our relationship and communication with Gisborne District Council, and what we can do to improve the processes around forestry consents."
LDR is local body journalism co-funded by RNZ and NZ On Air.