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					BIOPROSPECTING IN NEW ZEALAND

      Access to Resources -
      on land, in water bodies and
       in the coastal marine area

     Rebecca Macky - February 2003
What is bioprospecting?
              Examination of
               biological resources for
               commercial
               development.
              Concept of
               ‘prospecting’ for
               resources.
              A targeted search for a
               certain use.
            Why Important?

   Unique native fauna & flora
   80% of our flora is endemic
    – trees
    – ferns
    – flowering plants
   River systems, lakes & wetlands
   Water plants, freshwater fish, waterbirds,
    invertebrates
       Bioprospecting involves
   The collection of a
    resource…

   And its examination…

   And its exploitation - in
    the laboratory or
    through farming or
    harvesting.
       Possible environments
   Private land
   Public (conservation) land
   Water bodies - lakes, rivers, wetlands &
    geothermal waters
   Coastal marine environment (including
    marine reserves)
   Exclusive economic zone
    Applicable Environmental
           Legislation
   RMA

   Conservation Act

   Fisheries Acts
    Resource Management Act

   Purpose: sustainable management of
    resources
   Applies to 70% of New Zealand
   Excludes Conservation Act land
   Mandates the conditional use &
    development of the environment
   Managed by local authorities
              RMA Process

   Statutory plans
   Assessment of environmental effects
   Notification
   Submissions
   Hearing at Council level
   Matters to take into account
   Appeals to Environment Court
       Access to Private Land

   RMA is permissive
   No activity that contravenes a plan
    without resource consent
   Very wide definition of ‘use’
   Eg: any disturbance of land or habitats
   RMA does not give access rights to private
    land
            Access to Water

   Prohibitive presumption
   No use (etc) of lakes & 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
        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 & seabed
   Occupation
   No removal of ‘sand, shingle, shell’ etc
           Conservation Act

   Purpose: conservation of resources
   All about: ‘preservation & protection”
   Applies to 30% of New Zealand
   Includes National Parks & marine
    reserves
   Managed by Dept of Conservation
     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
          Access to Public Land
   Concessions granted
    in 4 forms
    –   lease
    –   licence
    –   permit
    –   easement
   Bioprospecting would
    require
    – permit or licence
    – lease for exclusive
      possession
        Significant Differences
   Applicability of process
   Exclusivity of process
   Statutory plans
   Consultation with iwi
   Notification
   Technical knockouts
   Matters to be considered
   Appeal rights
    = INCONSISTENCIES!
           Implications for
           Bio-prospecting
   Two different statutory purposes
   Two different statutory regimes
   Notification - different rules
   AEE - sustainable management v.
    conservation values
   Inconsistences - between Acts, DOC
    offices, regions & districts
Flaws in the System
          RMA – consent      Conservation
          required           Act – concession
                             req’d



Collect   land – prob. not    yes – permit or
          water – probably        licence



Examine    lab or business           N/A
              premises


Exploit     land – may be     yes – licence or
              water – yes          lease
                 Conclusion

   Problems with ownership
   Problems with access
   Problems with ‘disconnects’ -
    – between exploration & exploitation
    – between RMA & Conservation Act processes
    – between uneven administration of statutory
      processes

				
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