Boundaries of absolute protection: distribution of benefit and harm to birds through law and planning in New Zealand

Wallace, Philippa Jane

Boundaries of absolute protection: distribution of benefit and harm to birds through law and planning in New Zealand

dc.contributor.advisor	Gillespie, Alexander
dc.contributor.advisor	Barton, Barry
dc.contributor.advisor	Longhurst, Robyn
dc.contributor.author	Wallace, Philippa Jane
dc.date.accessioned	2014-09-08T00:49:06Z
dc.date.available	2014-09-08T00:49:06Z
dc.date.issued	2014
dc.date.updated	2014-08-28T03:58:52Z
dc.description.abstract	Endemic birds in New Zealand are under threat, and increasingly so, as human activity reshapes the land, reconstitutes the water, consumes space and resources and alters faunal composition. The decline of biodiversity is a pressing concern globally and the unique nature of the endemic fauna of New Zealand provides impetus for concern. Examination of the state of birds and analysis of the response of New Zealand law to the agents of decline is the key contribution of this research. The substance and operation of New Zealand law is examined to determine its influence upon the distribution of benefit and burden to New Zealand birds. Six case study birds: the black petrel, dotterel, kokako, godwit, sooty shearwater, and the wrybill are studied to elucidate these matters. In examining distribution of harm and benefit, a particular focus of the research is upon the degree of care that is applied to protecting birds through the law and related planning instruments. By assessing the principles, criteria and methods applied to protecting birds, the research identifies that an objective of avoidance of harm to indigenous Threatened or At Risk species, their habitats, and ecosystems upon which they depend, will benefit birds. It concludes that conservation status, as opposed to habitat or sectoral dispensation, is an important determinant for application of the standard, as this provides the most consistently protective approach. In addition, it is demonstrated that where uncertainty or ignorance arises as to existence or level of harm, the use of precaution and giving the benefit of the doubt to nature is important for enhancing protection. New Zealand conservation law is analysed at the international level in conjunction with species and habitat protection at the domestic level. International agreements, the Wildlife Act 1953, the Conservation Act 1987, the Resource Management Act 1991 and related policy and plans are examined. Although at times strongly beneficial, the research concludes that the arrangements made by the law are wanting. An important contribution of the research is to demonstrate the deficiencies, which can be separated into three classes: the problem of standard, the problem of consistency and integration, and the problem of implementation. These problems constrain the protective force of the law. Fragmentation and lack of a strong and consistent protective standard limit protection of birds against competing social, economic and cultural factors. The law requires revision. Species protection calls for particular attention. The Wildlife Act 1953 maintains a standard of absolute protection of birds, but the research demonstrates the many ways in which this standard is compromised. Greater strategic planning and integration is required, particularly with regard to human development. Interrelationships between the statutes, including that between the Wildlife Act 1953 and the RMA 1991, require addressing. Inadequate implementation of existing law compounds these matters, and the research identifies a range of aspects where gains for species could be made. It concludes with a series of recommendations directed at the identified problems. Pip Wallace 2014 PhD thesis pwallace@waikato.ac.nz
dc.format.mimetype	application/pdf
dc.identifier.citation	Wallace, P. J. (2014). Boundaries of absolute protection: distribution of benefit and harm to birds through law and planning in New Zealand (Thesis, Doctor of Philosophy (PhD)). University of Waikato, Hamilton, New Zealand. Retrieved from https://hdl.handle.net/10289/8807	en
dc.identifier.uri	https://hdl.handle.net/10289/8807
dc.language.iso	en
dc.publisher	University of Waikato
dc.rights	All items in Research Commons are provided for private study and research purposes and are protected by copyright with all rights reserved unless otherwise indicated.
dc.subject	Law
dc.subject	Planning
dc.subject	wildlife law
dc.subject	bird conservation
dc.subject	endangered species
dc.subject	Wildlife Act 1953
dc.subject	Threatened species
dc.subject	biodiversity
dc.subject	Resource Management Act 1991
dc.subject	Conservation Act 1987
dc.subject	conservation plans
dc.subject	precaution
dc.subject	avoidance
dc.subject	s 6(c) RMA
dc.subject	connectivity
dc.subject	landscape conservation plan
dc.subject	Ramsar
dc.subject	Convention on the Conservation of Migratory Species
dc.subject	ACAP
dc.subject	bycatch
dc.subject	black petrel
dc.subject	dotterel
dc.subject	kokako
dc.subject	godwit
dc.subject	sooty shearwater
dc.subject	wrybill
dc.subject	degree of care
dc.subject	integration
dc.subject	consistency
dc.subject	adaptive management
dc.subject	biodiversity offsets
dc.subject	pest control
dc.subject	Biosecurity Act 1993
dc.subject	resilience
dc.subject	ecological integrity
dc.subject	irreversible harm
dc.subject	customary harvest
dc.subject	uncertainty
dc.subject	Convention on Biological Diversity
dc.subject	fauna protection
dc.subject	distribution of harm
dc.subject	recovery plans
dc.title	Boundaries of absolute protection: distribution of benefit and harm to birds through law and planning in New Zealand
dc.type	Thesis
pubs.place-of-publication	Hamilton, New Zealand	en_NZ
thesis.degree.grantor	University of Waikato
thesis.degree.level	Doctoral
thesis.degree.name	Doctor of Philosophy (PhD)