Managing Environmental Effects

Resource Management Act 1991

The Resource Management Act regulates the environmental effects of plantation forestry. The majority of forestry-related activities are land use activities  which do not require resource consent unless specified in a national environmental standard or regional plan or district plan. ⁴²¹²

National Environmental Standard for Plantation Forestry 

The Ministry for Primary Industries manages the National Environmental Standard for Plantation Forestry (NES-PF), which will become operative on 1 May 2018. The NES-PF applies to any forest of at least 1 hectare that has been planted specifically for commercial purposes and will be harvested. The NES-PF will replace the council’s existing district and regional plan rules for managing forestry. It provides a nationally consistent approach that is responsive to local environments. The NES-PF permits core forestry activities provided there are no significant adverse environmental effects. Where the risks of harm to the environment are too high, or if a forest operator can’t meet the regulatory requirements for a permitted activity, the operator will need to apply for resource consent. At the same time, the regulations recognise that different rules may be needed to manage some specific local circumstances and give effect to other RMA national direction tools such as the National Policy Statement for Freshwater Management and the New Zealand Coastal Policy Statement. Councils will be able to impose stricter rules in unique and sensitive environments, including those with special significance to the community. ⁴⁸⁷⁰

The NES-PF regulations cover eight core plantation forestry activities that have potential environmental effects:

• afforestation (planting new forest);
• pruning and thinning-to-waste (selective felling of trees where the felled trees remain on site);
• earthworks;
• river crossings;
• forestry quarrying (extraction of rock, sand, or gravel within a plantation forest or for operation of a forest on adjacent land);
• harvesting;
• mechanical land preparation; and
• replanting.

There are also certain activities and effects that are not in the scope of the regulations. In most cases, the regulations do not cover plantation forestry activities that occur outside the boundaries of the forest land, such as the effects of logging trucks using public roads. Existing regional and district plan rules will continue to apply to the activities and effects that are outside the scope of the regulations; examples include but are not limited to, cultural and historic heritage, agrichemical use, burning, water yield and milling and processing activities.

Regional Policy Statements

Regional Councils are required to prepare a regional policy statement ⁴²¹⁴  setting out objectives, policies and methods for addressing the resource management issues of the region. ⁴²¹⁵  It is expected that regional policy statements will address issues relevant to forestry including soil conservation freshwater quality, and indigenous biodiversity.

Regional Plans

Regional Councils may prepare a regional plan setting out objectives, policies and methods to address regional council functions relevant to plantation forestry, including soil conservation, freshwater quality, and indigenous biodiversity issues.

District Plans

Territorial authorities are required to prepare a district plan setting out objectives, policies and rules managing land use and subdivision. ⁴²¹⁸  It is expected that district plans will address the effects of forestry land use, including associated activities such as earthworks and road construction on coastlines and other areas designated as Outstanding Landscapes boundary setbacks.

Resource Consents

The Resource Management Act classifies activities into six primary categories: permitted, controlled, restricted discretionary, discretionary, non-complying and prohibited. ⁴²¹⁹  A resource consent is required to undertake a controlled, restricted discretionary, discretionary, or non-complying activity. When considering a resource consent application, the consent authority must have regard to:

• The purpose and principles of the RMA
• Any actual and potential effects on the environment of allowing the activity
• Any relevant provision of a national environmental standard, other regulations, a national policy statement including the New Zealand Coastal Policy Statement
• Any relevant provisions in the applicable regional policy statement and any proposed regional policy statement
• Any relevant provisions in the applicable plans or any proposed plans
• Any other matters the consent authority considers relevant and reasonably necessary to determine the application

The resource consent process is discussed in detail in the RMA section of this website. Most forestry activities are permitted by the NES-PF as long as foresters meet specific conditions to prevent significant adverse environmental effects. The regulations are based on existing good practice standards for the forestry industry. If foresters are unable to meet these conditions, they will need to apply for a resource consent. Some of the conditions in the NES-PF are: 

• for afforestation, permitted activity conditions include setbacks for tree planting from rivers, lakes, wetlands, coastal areas and significant natural areas. Setbacks provide a buffer between forestry activity and these areas, providing shading and habitat for aquatic species and helping to avoid erosion of stream banks;
• for harvesting to be a permitted activity, foresters must submit a harvest plan to their local council if requested. The plan should identify environmental risks, including erosion susceptibility using the Erosion Susceptibility Classification tool, and must list the mitigations to be used to respond to those risks and achieve compliance with permitted activity conditions; and
• for earthworks, permitted activity conditions include the requirement to install and maintain stormwater and sediment control measures. Spoil, the by-product of excavation and earthworks, cannot be deposited where it may readily enter or deliver sediment into a water body, coastal area or significant natural area.

Under the NES-PF, some of the rules governing forestry activities may be stricter than in current council plans; while in some other cases they may be more lenient. An independent review of council plans from nine regions, representing a crosssection of jurisdictions and environmental characteristics, showed that the NES-PF will raise environmental standards for most effects when compared to existing council rules.

Regional and district councils are able to impose stricter rules in relation to significant natural areas, outstanding natural features and landscapes, specified geological areas, and sensitive receiving environments. A local rule can also be stricter than the NES-PF if it is needed to give effect to the National Policy Statement for Freshwater Management or the New Zealand Coastal Policy Statement.

Tools for councils and foresters 

The NES-PF introduces three new tools for councils and foresters to help determine when consents will be needed for forestry activities:

1) Erosion Susceptibility Classification 

This divides the New Zealand landscape into four categories. Land areas coloured green (low) and yellow (moderate) have lower erosion risk and so forestry activities are permitted. Permitted activities are subject to conditions under the regulations that are based on industry good practice standards. Where there is a high or very high risk of erosion (areas mapped as orange and red), stricter requirements apply and some forestry activities cannot be carried out without resource consent.

2) Wilding Risk Calculator 

The regulations include measures to control the spread of wilding trees. Land owners and forest operators are required to apply the Wilding Tree Risk Calculator to a site when they are considering establishing a new plantation forest or replanting a different type of conifer that has a higher risk score than the previous species. If the risk of wilding spread is high, resource consent will be needed for afforestation and planting the new species.

3) Fish Spawning Indicator 

Freshwater fish species are vulnerable to disturbance during spawning. The NES-PF uses the Fish Spawning Indicator to identify a list of 33 fish species that require protection from disturbance during spawning, and imposes controls on certain forestry activities during these times. The Fish Spawning Indicator allows a forest operator to determine if one or more of the listed fish species may be present in their area, and identifies the applicable spawning times for that site.

⁴⁸⁷¹

Forests Act 1949

Part 3A of the Forests Act 1949 (inserted in 1993) addresses the sustainable management of logging of indigenous forests on private land. Sustainable management is defined as including:

• The managing of indigenous forests in a way that maintains the ability of forest growing on the land to provide products and amenities in perpetuity, and
• The retention or enhancement of natural ecological processes and genetic diversity for the benefit of future generations.

This definition of sustainable management is focused on the productive capacity of the forest. The RMA requires a broader consideration of matters, including ecological sustainability. As a result, the Forests Act does not provide a complete regulatory approach for logging of indigenous forests on private land and RMA controls are likely to be relevant. ⁴²²¹

The Forests Act prohibits the logging of indigenous forests except in accordance with a sustainable forest management plan or permit approved by the Minister for Primary Industries. ⁴²²²  The milling and export of indigenous timber is also unlawful unless it was taken in accordance with a registered sustainable forest management plan or permit. ⁴²²³  There are a number of exceptions to the prohibition on milling indigenous timber, including for specified Māori land, planted indigenous forests, and windthrown trees. ⁴²²⁴

Schedule 2 of the Forests Act sets out the requirements for sustainable forest management plans including:

• A description of the indigenous forest land
• Relevant details of all applicable district plans and regional plans
• The term of the sustainable forest management plan
• The names and species of indigenous timber to be removed
• The volume of timber to be removed
• Forest inventory information to justify the proposed level of harvest
• Management  of the indigenous forest land, including reestablishment
• Protection of the forest, particularly regenerating forest, from pests, stock, fire and other threats
• An annual logging plan delineating the area to be felled, the methods of harvest, and other details

The sustainable forest management plan must comply with specified prescriptions including:

• The rate of harvest must be limited to a level the forest can continue to supply in perpetuity
• An area representative of the forest area (up to 20% of the total forest area) must be set aside and unavailable for logging
• Podocarp, kauri, and shade-tolerant and exposure-sensitive broadleaved species may only be harvested by single tree or small group harvesting using low impact techniques
• Beech and other light-demanding hardwood species may only be harvested in coupes of 0.5 hectares or less
• Where any podocarp, kauri, and shade-tolerant and exposure-sensitive broadleaved species is harvested and sufficient growth is lacking, at least 5 seedlings must be planted for each tree removed
• Where there is a failure of regeneration in a light-demanding hardwood forest this must be corrected by the planting of seedlings

Voluntary initiatives

Forest Stewardship Council

The Forest Stewardship Council (FSC) is a global not-for-profit organisation dedicated to the promotion of responsible forest management. ⁴²²⁵  58% of New Zealand plantation forests are Forest Stewardship Council certified. ⁴²²⁶

Forest owners who wish to achieve FSC Forest Management Certification contract a FSC accredited certification body to carry out an assessment of the operation against FSC requirements. If the operation is compliant a FSC forest management certificate is issued and is valid for five years. The operation is monitored annually to make sure the operation continues to meet FSC standards.

In order to sell a forestry product as FSC certified, chain of custody certification is also required.  This verifies that FSC certified product has been kept separate from uncertified products along the production chain. ⁴²²⁷

The Forest Stewardship Council has a National Standard for New Zealand forestry. ⁴²²⁸

New Zealand Forest Owners Association Inc

The New Zealand Forest Owners Association has produced a New Zealand Environmental Code of Practice for Plantation Forestry (2007), and a Forest Road Engineering Manual (2012). ^{4229 4230 4231} They are intended as practical guides to forest operations to ensure a high level of protection of the environment throughout the life cycle of a forest crop. 

The Best Environmental Management Practice guidelines cover:

• Operational planning;
• Earthworks;
• Harvesting;
• Slash management;
• Waterway crossings;
• Mechanical land preparation;
• Agrichemical application;
• Burning;
• Planting;
• Pruning and waste thinking;
• Fertiliser application;
• Historical and heritage management;
• Historical and heritage site discovery;
• Fuel and oil;
• Waste management;
• Operational monitoring;
• Environmental incident; and 
• Forest protection. 

Last updated at 1:29PM on February 12, 2018