DoC Update - 11 November 2003

(from DoC website)

Results of Questionnaire

The Department of Conservation received a total of 1,863 submissions on its proposal to establish a marine reserve on the northeast coast of Great Barrier Island . 

A report summarising the results of the submissions has been posted to all submitters, and can be downloaded as a PDF here:

Results of the Questionnaire - Summary Report (PDF, 398K)
www.option4.co.nz/gbissumy.pdf

A more detailed report, ' Great Barrier Island marine reserve proposal – Summary of submissions to proposal', can also be downloaded here.  This report is a 202-page spreadsheet.

Summary of Submissions - Spreadsheet (PDF, 552K)
www.option4.co.nz/gbisfull.pdf

Where to from here?

Submitters have raised a wide range of issues and conveyed a lot of information that the department now needs to work through. 

The department believes that the marine habitats off the northeast coast of Great Barrier Island are some of the most special and diverse of the Hauraki Gulf , with huge potential for scientific study.  However, iwi, the local community and stakeholders have raised a number of legitimate concerns about the existing proposal and the department needs to consider these issues further. 

In addition, the questionnaire responses have shown that more information is needed in some areas, such as how people use the north-east coast of Great Barrier Island . 

The next step is for the department to take a hard look at submissions, fill in some gaps in information and discuss issues raised with key affected parties.  Progress reports will be posted here.

For further information, please contact Emma Rush on ph +64 9 307 9279.

October 29 th 2003

Thank you for the opportunity to speak with you again today.

option4 have spoken to the Board three times this year with the intention of informing you of what the public are saying regarding marine reserves and marine protection in general. As an independent body representing community interests in their rights to fish for food and marine protection it is only fair we make this effort to share with you what feedback we are getting.

Great Barrier Island marine reserve

I note with interest the comment in the unconfirmed minutes of the August Board meeting that the analysis of the submissions would be available to the public by the end of September. I understand this has been delayed and would like some indication of when the analysis will be available. There is a huge amount of interest in this proposal and in particular the process undertaken by DoC to gather support for the reserve, the process and basis of their analysis of the public feedback.

Public Meetings

Also noted is the comment that the ‘Drop In' meeting held at the Marine Rescue Centre was “ in effect a public meeting”. In no way can that meeting be considered a public meeting in consultation terms. If we look at the definition on effective consultation in the Court of Appeal decision arising from the case between International Airport Ltd and Air New Zealand (CA 23/92, 73/92[1993] 1 NZLR 671). The relevant section of the decision is as follows:

‘Consultation must allow sufficient time, and a genuine effort must be made. It is a reality not a charade. To consult is not merely to tell or present. Nor, at the other extreme is it to agree. Consultation does not necessarily involve negotiation towards an agreement, although the latter not uncommonly can follow, as the tendency in consultation is to seek at least consensus. Consultation is an intermediate situation involving meaningful discussion. Despite its somewhat impromptu nature I cannot improve on the attempt at description, which I made in West Coast United Council v Prebble at p. 405:

‘Consulting involves the statement of a proposal not yet fully decided upon, listening to what others have to say, considering their responses and then deciding what will be done.'

Implicit in the concept is a requirement that the party consulted will be (or will be made) adequately informed so as to be able to make intelligent and useful responses. It is also implicit that the party obliged to consult, while quite entitled to have working plan in mind, must keep its mind open and be ready to change and even start afresh. Beyond that, there are no universal requirements as to form. Any matter of oral or written interchange which allows adequate expression and consideration of views will suffice. Nor is there any universal requirement as to duration. In some situations adequate consultation could take place in one telephone call. In other contexts it might require years of formal meetings. Generalities are not helpful.'

While the Department may consider their obligations to consult less due to the non – statutory phase of the Great Barrier Island marine reserve proposal option4 consider any attempts at consultation should at least meet the requirements of the above legal definition. It is also very important to note that the statutory phase of the marine reserve establishment process does not include consultation with the wider public. For many, what consultation will occur has occurred. We remain firm in our opinion that the Department's efforts to inform the public of their opportunities to be consulted were inadequate.

‘Drop In' Meetings

At the 'Drop In' meetings the public were offered the opportunity to talk to staff on a one-on-one basis and have their opinions recorded. Where have those opinions been recorded and would the Board have access to the records? option4 would like to have a copy of those opinions for our records with any obvious personal information removed.

Marine Reserves

It was very encouraging to listen to the Conservator, Rob McCallum address the Hauraki Gulf Forum on September 17 th and acknowledge the concerns raised regarding the ad hoc nature of marine reserve creation, the lack of strategic approach to marine reserve proposals and concerns around public consultation. The fact that DoC has decided to take a leading role in talking to all of those agencies and the public about how we want biodiversity protected is a great step forward and option4 want to be part of that process. There is a lot more that can be gained by a cooperative approach than any process we have been involved with to date. We look forward to being actively involved and using our networks to engage with the public in a meaningful and consultative manner.

Thank you for your time today

Trish Rea