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5 days ago
- Politics
- Scoop
Environmentalists See Forestry Changes As Dangerous Step For Tairāwhiti
Article – Zita Campbell – Local Democracy Reporter Gisborne residents call proposals 'a slap in the face' amid forestry concerns. Tairāwhiti environmentalists have called changes for commercial forestry under proposed Resource Management Act reforms 'a slap in the face' and a return to weaker forestry regulations. Local groups are preparing to make submissions on proposed changes to the way forestry is managed after consultation on the Resource Management Act opened on Thursday. The proposals would make it harder for councils to have their own discretion in setting stricter rules to control tree planting. Gisborne District Council (GDC) said the proposed changes grant both 'real opportunities' and 'some challenges'. The Eastland Wood Council (EWC) is still considering its options around submitting. Mana Taiao Tairāwhiti (MTT), the group behind a 12,000-signature petition that triggered the Ministerial Inquiry into Land Use (MILU) in Tairāwhiti and Wairoa, claimed the Government was relaxing 'already permissive forestry rules'. The inquiry, published in May 2023, followed the destruction caused by Cyclone Gabrielle and other major storms, when woody debris, forestry slash and sedimentation flooded the region's land, waterways and infrastructure. At the time of the inquiry's findings, the previous Government announced actions to reduce the risk of a Gabrielle repeat. MTT spokeswoman and Ruatōria resident Tui Warmenhoven said, 'We were promised stronger protections – what we're getting is deregulation dressed as reform.' The proposed changes were 'a slap in the face to the hundreds of whānau who've already paid the price for poor forestry regulations', said Warmenhoven in a group statement. Another part of the proposed changes will require a Slash Mobilisation Risk Assessment as part of all harvest management plans. It would also consider refining requirements to remove all slash above a certain size from forest cutovers. MTT welcomed the proposed requirement for Slash Mobilisation Risk Assessments, however, it warned 'this would be ineffective without enforceable planning requirements and local oversight'. 'A slash assessment without an afforestation plan is meaningless – it's a partial fix that ignores the root of the problem,' said Warmenhoven. 'We've already seen what happens when forestry is left to regulate itself and the problems with planting shallow-rooting pine on erosion-prone slopes. We are also concerned about the removal of references to woody debris, given that whole pine plantations collapsed during Cyclone Gabrielle and still line many waterways in the region.' Last September, EWC chairman Julian Kohn said forestry firms were 'bleeding money', with many companies finding Gisborne too costly to invest in. Speaking with Local Democracy Reporting, Kohn said EWC was still considering whether to submit its own response or work with other council members to make submissions. 'We've been working closely with the minister and advocating for what we see needs to be real change in respect of some of the causes in the NES-CF [National Environmental Standards for Commercial Forestry],' said Kohn. 'Our real concern is that the way the council is treating many of these consents and these enforcement orders are literally sending these forest companies to the wall.' He said forestry companies would close if things continued the way they were, which would leave forests unmanaged and unharvested. 'Next time we have a rain event, then some of those trees which have been locked up are going to come down the waterways, which is exactly what everybody wants to try to prevent.' GDC's director of sustainable futures, Jocelyne Allen, said the consultation documents came 'as no surprise' as they were broad and aligned with what the council had seen in the Cabinet paper and Expert Advisory Group report. 'The packages cover infrastructure, the primary sector, freshwater, and urban growth, all areas that matter deeply to our region. 'There are real opportunities here, but also some challenges, and we're taking the time to work through both carefully,' she said. The council intends to submit a response and will be taking a strategic and collaborative approach to doing so, including engaging with tangata whenua, whānau, hapū and iwi across the region and working through its sector networks, particularly the Local Government Special Interest Groups and Te Uru Kahika, said Allen. Before the announcement of the proposed changes, in an email to Local Democracy Reporting on Monday, Primary Industries and Forestry Minister Todd McClay said forestry played an important role in the economy and provided many jobs on the East Coast. 'The Government is working closely with the GDC and respected members of the forestry industry, farming and iwi to manage and reduce risk through better and more practical rules rather than blanket restrictions or bans.' He said they are reviewing slash management practices and will amend the NES-CF so councils can focus on the most at-risk areas, lower costs and deliver better social and environmental outcomes. 'We want them to focus on high-risk areas, which is what GDC is currently doing, rather than suggesting that there should no longer be any forestry in the Tairāwhiti region,' he said.
Scoop
28-05-2025
- Business
- Scoop
Gisborne Council Awarded $51k From Forestry Company In Environment Court Decision
Article – Zita Campbell – Local Democracy Reporter Environmentalists call for stronger regulations to prevent similar issues. Gisborne District Council has recovered half of just over $100,000 spent on what its legal representative described as 'avoidable' legal costs in an Environment Court decision against a Chinese-owned forestry company. The case followed several recent enforcement actions taken by the council across several forests, including Kanuka, West Ho, Te Marunga, and Wakaroa, which the council says have resulted in forestry operators reducing risks and improving compliance. Environmentalists said they were pleased with the legal outcome but believe these issues should be addressed through stronger regulations. The council spent $101,175 on legal and expert witness costs associated with a four-day hearing in July last year. The hearing concerned enforcement orders related to woody debris and sediment migrating from commercial forestry activity in the Kanuka Forest in the Upper Waimata River catchment. According to the court decision, the council argued that the conduct of the forestry groups, China Forestry Group (CFG), and management company Wood Marketing Services (WMS), 'unnecessarily lengthened' the hearings process through conduct before and during the hearings, which included the NZ-based director of China Forestry Group NZ, Mr Yuxia Sun, resigning 10 days before the hearing. The council submitted that the respondents provided 'arguments without substance and technical or unmeritorious points which failed', which caused the council to incur more 'avoidable legal costs' drafting submissions in response. Speaking with Local Democracy Reporting, council's resource management compliance manager, Gary McKenzie, said the council had a responsibility to uphold environmental standards and protect public welfare as a regulatory authority. 'While some costs can be recovered through the courts, full cost recovery is not always possible. Like other regulatory agencies, we rely on public funding to fulfil these statutory obligations,' McKenzie said. He confirmed the costs awarded by the court had been paid to the council by the respondents. 'The council will continue to monitor forestry activity across the region and, where necessary, pursue legal action where environmental risks are not adequately managed.' During a council meeting last year, council chief executive Nedine Thatcher Swann said about forestry prosecutions that for every $1 million spent on legal and investigation fees, 'you may get $250,000 back'. The environmental group, Mana Taiao Tairāwhiti (MTT), served as a third respondent to the case, with Alanya Limmer, a King's Counsel from Uawa, working pro bono. Spokesman Manu Caddie said it was a poor way to manage environmental issues and not fair to ratepayers, as it took council resources, including staff time away from other priorities. 'A small community group like ours could never afford to go up against these multinational companies like China Forestry Group if it wasn't for Alanya's generosity,' Caddie said. He said it was the fifth enforcement order application against forestry companies, four of which have been successful and one of which was awaiting an outcome. 'This is an incredibly costly and ineffective way of trying to reduce risk in catchments across Tairāwhiti and should instead be dealt with through stronger regulations.' The lawyers of China Forestry Group and Wood Marketing Services said the organisations did not wish to comment. The court decision, made on April 28, enforced China Forestry Group NZ, its NZ director at the time, Mr Yuxia Sun (who has since resigned), and management company Wood Marketing Services to pay the council $51,000 and MTT $8500. The council sought various enforcement order applications on September 8, 2023, which were granted nearly a year later on August 9, 2024 However, 'the issue of costs was reserved', with the court granting leave for the council and MTT to apply for costs. The council sought half of its expenses incurred in its application, which the court rounded up to $51,000. The $51,000 will be split, $38,250 for China Forestry Group NZ and Sun, and $12,750 for Wood Marketing Services. MTT's $8500 will be split, $6000 for China Forestry Group and Sun and $2500 for Wood Marketing Services. The court found that the respondents contributed to the length of the case management process and the hearing, with 'WMS's contribution to the length of the process less than CFG in terms of the way it conducted itself at the hearing. Further, it complied with Court directions'.
Scoop
28-05-2025
- Business
- Scoop
Gisborne Council Awarded $51k From Forestry Company In Environment Court Decision
Wednesday, 28 May 2025, 7:50 pm Article: Zita Campbell - Local Democracy Reporter Gisborne District Council has recovered half of just over $100,000 spent on what its legal representative described as 'avoidable' legal costs in an Environment Court decision against a Chinese-owned forestry company. The case followed several recent enforcement actions taken by the council across several forests, including Kanuka, West Ho, Te Marunga, and Wakaroa, which the council says have resulted in forestry operators reducing risks and improving compliance. Environmentalists said they were pleased with the legal outcome but believe these issues should be addressed through stronger regulations. The council spent $101,175 on legal and expert witness costs associated with a four-day hearing in July last year. The hearing concerned enforcement orders related to woody debris and sediment migrating from commercial forestry activity in the Kanuka Forest in the Upper Waimata River catchment. According to the court decision, the council argued that the conduct of the forestry groups, China Forestry Group (CFG), and management company Wood Marketing Services (WMS), 'unnecessarily lengthened' the hearings process through conduct before and during the hearings, which included the NZ-based director of China Forestry Group NZ, Mr Yuxia Sun, resigning 10 days before the hearing. The council submitted that the respondents provided 'arguments without substance and technical or unmeritorious points which failed', which caused the council to incur more 'avoidable legal costs' drafting submissions in response. Speaking with Local Democracy Reporting, council's resource management compliance manager, Gary McKenzie, said the council had a responsibility to uphold environmental standards and protect public welfare as a regulatory authority. 'While some costs can be recovered through the courts, full cost recovery is not always possible. Like other regulatory agencies, we rely on public funding to fulfil these statutory obligations,' McKenzie said. He confirmed the costs awarded by the court had been paid to the council by the respondents. 'The council will continue to monitor forestry activity across the region and, where necessary, pursue legal action where environmental risks are not adequately managed.' During a council meeting last year, council chief executive Nedine Thatcher Swann said about forestry prosecutions that for every $1 million spent on legal and investigation fees, 'you may get $250,000 back'. The environmental group, Mana Taiao Tairāwhiti (MTT), served as a third respondent to the case, with Alanya Limmer, a King's Counsel from Uawa, working pro bono. Spokesman Manu Caddie said it was a poor way to manage environmental issues and not fair to ratepayers, as it took council resources, including staff time away from other priorities. 'A small community group like ours could never afford to go up against these multinational companies like China Forestry Group if it wasn't for Alanya's generosity,' Caddie said. He said it was the fifth enforcement order application against forestry companies, four of which have been successful and one of which was awaiting an outcome. 'This is an incredibly costly and ineffective way of trying to reduce risk in catchments across Tairāwhiti and should instead be dealt with through stronger regulations.' The lawyers of China Forestry Group and Wood Marketing Services said the organisations did not wish to comment. The court decision, made on April 28, enforced China Forestry Group NZ, its NZ director at the time, Mr Yuxia Sun (who has since resigned), and management company Wood Marketing Services to pay the council $51,000 and MTT $8500. The council sought various enforcement order applications on September 8, 2023, which were granted nearly a year later on August 9, 2024 However, 'the issue of costs was reserved', with the court granting leave for the council and MTT to apply for costs. The council sought half of its expenses incurred in its application, which the court rounded up to $51,000. The $51,000 will be split, $38,250 for China Forestry Group NZ and Sun, and $12,750 for Wood Marketing Services. MTT's $8500 will be split, $6000 for China Forestry Group and Sun and $2500 for Wood Marketing Services. The court found that the respondents contributed to the length of the case management process and the hearing, with 'WMS's contribution to the length of the process less than CFG in terms of the way it conducted itself at the hearing. Further, it complied with Court directions'. © Scoop Media
Scoop
23-05-2025
- Business
- Scoop
Large Majority Of Gisborne Residents Want Local Control Of Water Services
Article – Zita Campbell – Local Democracy Reporter The favoured model could result in households facing an average rate increase of $100 per year. An overwhelming 90 percent of Gisborne submitters are in favour of keeping the region's water services in council hands, with ring-fenced funding and targeted rates. The favoured model could result in households connected to water services facing an average rate increase of $100 per year, while unconnected properties may have an equivalent decrease, according to council estimates. During a meeting on Wednesday, Gisborne District councillors voted to approve the modified in-house delivery model for its future water services delivery plan. Councils must submit their water plans to the Government by September 2025 under the Local Water Done Well reforms. Previous Mayor Meng Foon was among those who submitted, writing in his submission, 'water is a public good' and it should stay in public hands to prevent exploitation. 'CCO and private businesses are there for profit, as they are responsible for making a profit,' Foon said. Consultation ran from 1 April to 1 May this year, with 204 submissions received. Just one in 10 submitters supported establishing a council-controlled organisation (CCO), governed independently of the council, with water services funded through user charges and external financing. Under the CCO model, stormwater charges would remain with the council because of its connection with other services like roads and parks. This option would involve higher set-up costs and debt in the short term, but would have more borrowing capacity for upgrades. At the hearings, Foon spoke on his submission, supporting the council's recommended option to retain water services under council control. 'Your mana in ensuring that you control and have direction of our waters is utmost. 'Even though it's a CCO, your private organisation cannot borrow money as cheaply as the council.' However, Maraetaha Incorporated, a Māori land entity of Ngāi Tāmanuhiri shareholders, wanted the CCO option to enable an independent governance structure that could accommodate 'formal Māori representation and co-governance'. Trustee Beth Tupara-Katene said the Maraetaha lands were taken under the Public Works Act to develop the region's water infrastructure, including three supply dams. 'These sites now form a critical part of the city's municipal water supply, yet our shareholders and whānau have long been excluded from the decision-making, governance and benefit streams associated with that infrastructure,' Tupara-Katene told the hearings. She said the Waitangi Tribunal and Supreme Court have affirmed that Māori hold customary rights to water, which are protected under Te Tiriti o Waitangi. Local Water Done Well intends to make services more efficient, locally accountable and future-proofed. 'From our perspective, this can only be achieved if the model is built on the right foundations, recognising Treaty obligations, Māori property rights and our deep and enduring connection to our water,' Tupara-Katene said. Submitters opting to maintain council control emphasised the value of local control (60 mentions), trust in council governance (44) and concern over affordability (62), according to the council's meeting report. '[The CCO option] was commonly associated with increased bureaucracy, reduced community voice, and a risk of future privatisation.' 'Our preferred option avoids the high setup and transition costs associated with CCO, resulting in the lowest short-term impact on rates,' the document reads. The council could also choose to shift approaches later on if they choose to, by exploring shared service arrangements with other councils or a transition to a CCO. Tupara-Katene said if the in-house model is selected, iwi must be formal partners in decision-making alongside the council. 'One of the highest levels of participation in co-governance is the wastewater committee … and that has come through a consent condition,' she said as an example. There needs to be a formal decision-making group that can make those decisions alongside the council, she said. During deliberations, councillor Aubrey Ria said if an independent committee was set up to include mana whenua, it should reflect the Mangapoike dam, the Maraetaha community, Ngāi Tāmanuhiri Iwi and Waipaoa mana whenua, as water is drawn from the Waipaoa river. She also noted it could be like the Tairāwhiti Resource Management Plan committee, which had two technical specialists who gave 'really sound technical advice'. 'A make-up of another community board within the council to help guide, shape and mould the governance in that space, I think, would be really beneficial,' Ria said. The council signalled all water service costs will transition to a fully ring-fenced funding structure, from July 1, 2027, as required under the Local Water Done Well legislation. Borrowing under the in-house model still provides 'stable financial headroom' within the council's Local Government Funding Agency cap of 280 percent of operating revenue, according to the report. Under the ring-fenced housing structure, 'households connected to water services are expected to see an average rate increase of $100 per year, while unconnected properties may see an equivalent decrease.' The council will need to decide on introducing water metering, which had a 'mixed' reception during submissions, according to the council report. If approved, the new water service model will take effect on 1 July, 2027.
Scoop
08-05-2025
- Politics
- Scoop
Gisborne Votes To Lift CBD Alcohol Restrictions, Sparks Debate
Article – Zita Campbell – Local Democracy Reporter Gisborne councillors voted to remove restrictive alcohol rules in the town centre. Gisborne district councillors have voted to scrap restrictive alcohol rules in the CBD despite recent opposition during consultation. The rules prevent new liquor licences near sensitive sites like marae and schools. Councillors argued the change would create a more vibrant CBD, but some opposed linking alcohol to vibrancy. Gisborne district councillors have voted to scrap restrictive alcohol rules within the town centre despite two-thirds of submissions opposing the move in recent consultation. Those submitting against relaxing the rules noted the region's issues with alcohol-related harm, which they say disproportionately affect Māori, and sought to protect marae, schools and sensitive sites. During a Sustainable Tairāwhiti meeting on Thursday, councillors acknowledged the region's 'dire' addiction problem, but did not believe lifting the restrictive rules would affect it. Councillors said the 'sensitive sites' rules, implemented in 2018, had created 'unintended' consequences for hospitality. The rules prevent new liquor licences – except for cafes, restaurants, and special licences – within 150m of sites such as marae, schools, spiritual facilities and recreational areas. Councillors voted to remove the rules from the central business district (CBD) to enable a more 'vibrant' town centre. Under this amendment, the District Licensing Committee will also be able to consider exemptions from the sensitive sites rules outside of the CBD, according to the council report. Councillors Nick Tupara and Ani Pahuru-Huriwai voted against the move and questioned the reasoning of equating alcohol to vibrancy. 'I don't think there is enough discussion around what a vibrant CBD can look like without needing to bring alcohol into the conversation,' Pahuru-Huriwai said. She said a point raised during submissions was that iwi partners wanted to be engaged in any conversations that took place around alcohol policies. Tupara said many submitters against removing the rules were Māori and iwi, and that Māori had suffered from the consumption of alcohol since it arrived in the country. It was 'totally wrong' that alcohol was 'the heartbeat of what makes our community', he said. 'This whole thing is a joke.' This year, public consultation found two-thirds of 207 submissions voted in support of keeping the restrictions. However, early engagement in late 2024 had shown 82% of 62 submissions and 1067 votes disagreed with keeping the rules. The option to maintain the restriction was endorsed by the Tri-Agencies – NZ Police, the National Public Health Service and the Chief Licensing Inspectorate – according to the council report. Councillor Debbie Greggory said she was well-placed to talk on the issue, as she grew up with alcohol addiction in her home, and as 15 years sober, had 'lived the road to sobriety'. 'We have an addiction problem. We have a massive need for an addiction centre, but this is not something council can provide.' Gregory said the Local Alcohol Policy (Sensitive Sites) Hearings last week exposed the region's 'gigantic problem' and she hoped the council could harness 'the energy and passion' heard from submitters to make the Government, especially the health sector, see their 'dire situation'. The region needed to expand access to treatment services and address the issue's root causes – poverty, trauma and lack of opportunity, Gregory said. She acknowledged the heightened emotion surrounding the proposed city establishment Anjuna Beer Garden, which did not open after an alcohol licence appeal from Te Kura Kaupapa Māori o Hawaiki Hou, which is located a few doors away from the bar. Councillor Aubrey Ria said she had 'lost sleep' over the council report detailing the recommended adoption of the sensitive sites policy to be removed. She supported excluding the rules, but wanted to know if the council could offer the kura protection while it occupied its current location. 'Council planning allowed for the kura to go to its current position,' Ria said. 'I feel much aroha for them and the position that they are in.' The kura had recently been granted Government funding for four new senior school classrooms and to move to a permanent site. However, Mayor Rehette Stoltz said they did not know how long the transition could take and noted they needed to focus on the options that needed to be voted on that day. 'What if the school moves in three years?' Stoltz said the lever for sensitive sites was not the lever that would address the alcohol harm issues in the region. 'We need a collaborative, health, mental health, Government approach.' Councillor Rawinia Parata said the council's job was to govern what was best for the region, noting they were still going through a cyclone recovery period. 'For a long time, there has been significant underinvestment in our CBD [and] region … it doesn't make sense to hold us back further.' Parata said not only would they be holding the region's hospitality sector back by keeping the restrictions, they would also be holding rangatahi back. 'If we do not provide them with establishments and places to learn how to be outside, how to be in public, we're not setting them up for the world – and that's not good,' she said. Parata said on-licences had rules that controlled drinking, unlike off-licences. According to the report, in addition to the amendments to exclude the CBD from the sensitive sites rules, council-maintained cemeteries (urupā) would also be added as a sensitive site within the provisions. A date for the amended policy to take effect is yet to be confirmed, but it will be in May or June. The review of the Local Alcohol Policy 2024 is due to be completed by August 2030, as required by legislation.
