Court decision response
Statement by Environment Southland chief executive Wilma Falconer
The Council has received a decision from the High Court regarding its obligations for monitoring the state of wetlands and assessing the effectiveness of its planning provisions in relation to them.
The protection, restoration and creation of wetlands are priorities for the Council and the Court’s decision has provided helpful clarification with regard to the Council not meeting its statutory obligations. The Court determined that obligations to monitor plan provisions applied to both the operative Regional Water Plan for Southland and the proposed Southland Water and Land Plan. The Southland Water and Land Plan is now largely operative and we will monitor its efficiency and effectiveness for wetlands and report on the results, as we are required to do. The Council is also developing its wetland programme so it can more effectively monitor the state of wetlands.
In its decision, the Court noted the Council had not intentionally contravened its obligations and acknowledged the laudable work it has undertaken in regard to wetlands. The Court did not direct the Council to take any further action in regard to its statutory obligations for wetlands.
The decision found Environment Southland had failed to: monitor the state of wetlands since 2018 and take appropriate action; monitor the efficiency and effectiveness of its planning provisions; and publish a report of that assessment.
The Council had assessed the Regional Water Plan for Southland and was aware of deficiencies, which were addressed in the new Southland Water and Land Plan. The new plan has rules controlling wetland drainage and other activities that could negatively affect the quantity and quality of freshwater, including wetlands.
FURTHER INFORMATION: Wetlands action
The Council has proactively been taking steps to address wetland loss.
Our wetlands work programme aligns with the National Policy Statement for Freshwater Management (NPSFM) 2020 regarding the mapping and monitoring of natural inland wetlands down to 0.5ha scale. We have made a considerable investment in wetland science, hiring a dedicated wetland scientist and updating our information on wetland loss and extent in the region to that scale.
The Council is involved in several national science and research projects, which will provide us with information on how to better manage wetlands in future, including for greenhouse gases, biodiversity and water quality outcomes. We are also working on developing resources that will help landowners and others with constructing effective wetlands.
We’ve started mapping our own land, and we support community initiatives such as those by catchment groups and others, with wetland construction, restoration, and research on environmental effectiveness, e.g. treating contaminants.
Environment Southland provides funding that can benefit wetlands through our long-running Environmental Enhancement Fund and the newer catchment improvement funding. Thriving Southland (a catchment group coordination organisation) also received $235,000 to fund wetland mitigations and other water quality improvement projects. The fund will run until June 2026.
For the past four years we have been distributing the Government’s Jobs for Nature funding that we applied for, which has supported a range of environmental initiatives, including wetlands.
The Council is also piloting a ‘slow the flow’ initiative to reduce flood impacts and wetlands also have a role in this project.
The value of wetlands as ecosystems that provide significant benefits is not always well understood and the Council has been raising awareness about their value through campaigns like World Wetland Day, which we have been promoting throughout the month of February.
Wetlands are important habitats for many native birds, fish and plants, they improve water quality by acting as a sediment trap and providing a buffer for erosion and farm runoff. Wetlands also reduce the impact of floods and they give us great recreational opportunities for enjoying the outdoors.
Wetlands can include bogs, swamps, fens, shallow water and salt marshes and are found from the coast to the high country.
For information on landowners funding to support for wetland development and other mitigations to improve freshwater quality, go to our webpage ‘catchment improvement funding’.
Environment Southland wetlands webpage
