From the following DoC website link https://www.doc.govt.nz/Whats-New/presult.asp?prID=815

Conservation Minister's decision on proposed marine reserve

Conservation Minister Sandra Lee has announced her approval of a proposed marine reserve in Paterson Inlet, Stewart Island .

Ms Lee said the proposed reserve would now be referred to the Ministers of Fisheries and Transport for their concurrence before it could be gazetted.

The proposed reserve covers 1140 hectares of Paterson Inlet either side of the Ulva Island wildlife sanctuary.

“This is an important marine conservation initiative as Paterson Inlet has outstanding marine biodiversity. The native forests and wetlands of the Inlet's catchment, which are largely protected in the Rakiura National Park , ensure the Inlet has exceptionally high water quality. Its marine life is of high scientific interest as it is essentially unaffected by sedimentation, nutrient run-off or pollution.”

Ms Lee said a special feature of the proposed reserve was the presence of an abundance of primitive shellfish, known as brachiopods.

“Paterson Inlet is one of the few places in the world where brachiopods are a dominant lifeform at diveable depths.”

Ms Lee said she had been impressed by the cooperation between Stewart Island residents, iwi and conservation groups who worked together with the Department of Conservation in the development of the proposal.

“The boundaries have been set with the intention of maintaining the scientific integrity of the marine reserve while accommodating community concerns about access for recreational and customary fishing.”

Commercial fishing has been prohibited in Paterson Inlet since 1994 and is therefore not affected by the reserve proposal.

Ms Lee said she was grateful for the patience of all involved with the development of the reserve as the application was first publicly notified in 1994 by the Department of Conservation.

"There has been ongoing consultation with a range of interest groups to refine the reserve proposal and deal with key concerns."

Ms Lee said she had inspected the reserve site and had recently met with iwi representatives to hear their views on the proposal.

“I have been able to reassure them that fishers will not be committing an offence if they catch fish outside the marine reserve and then have to travel through the reserve with their catch.”

“I have also advised them that the Department of Conservation will assist the local runanga with the preparation of a mataitai proposal for Paterson Inlet for submission to the Minister of Fisheries. There is potential for a mataitai to complement the marine reserve and provide benefits to everyone concerned for the health and productivity of Paterson Inlet's marine communities.”

Media contacts:

Kevin Smith, Senior Conservation Adviser, 04 471 9143 or 025 291 8099
Andy Cox or Tom O'Connor, Department of Conservation, 03 214 7554

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