5 July 2013 minutes - Department of Conservation

Minutes of the West Coast Tai Poutini Conservation Board
133rd Meeting, 5 July 2013, Order of St John, Hokitika 9.00am
Present:
Stewart Robertson (Chairperson)
Dr Clare Backes
Doug Baker
K Hutana (10.45am-1pm)
Dr Mike Legge
Terry Scott
Kim Thomas
In Attendance:
Chris Hickford (Community Support Manager)
Mary-Anne Thorpe (Board Support Officer)
*Judi Brennan (Permissions/SLM Manager)
* Di Clendon (Permissions Team Leader)
*Ron Hazeldine (SLM Advisor)
*Don Neale (Technical Advisor, Marine)
* Denotes partial attendance
S Robertson welcomed Board members to the meeting in Hokitika.
Board stood for a minute silence to acknowledge the passing away of Les Wright.
He was a valued Board member and served from February 2006 – July 2010
K Thomas said a karakia.
The meeting was adjourned at 10.30am for morning tea and reconvened at
10.45am. Lunch was taken between 12.15pm and 1.00pm. The Board continued
into the afternoon without a break. The meeting concluded at 3.20pm.
1.0 Apologies
Apologies were received from Board members J Jones, P Sheridan and
Conservator M Slater.
“Moved that apologies be sustained.”
K Thomas/M Legge
Carried unanimously
2.0 Agenda Confirmation, Timetable and Declarations of
Conflict of Interest
K Thomas declared a conflict of interest on any matters with regard to the
Escarpment Mine.
S Robertson referred to a potential conflict of interest relating to membership of
Forest & Bird and agenda item 5.1. It was decided to address this within item 5.1
should it be deemed appropriate.
Docdm-1233579 Minutes 5 July 2013 1

CONFIRMED
Letter from P Lawless re Buller Coal Plateaux – inviting the Board to attend
multiparty talks – discuss under 8.0.
Frida Inta asked Board to consider her letter on Old Ghost Road and Disposals –
refer 9.4
M Legge asked for the following items to be added to the agenda: PlanBlue,
Marine Reserves, Conservation Inc., Statement of Intent – refer 9.5
Chairperson advised that at 9.30am J Brennan, D Clendon and R Hazeldine from
the Department of Conservation (DOC) would join the meeting and would give
an overview on the Departments work in the Permissions/SLM area. At 10am D
Neale (DOC) would join the meeting and give a presentation on Marine Place.
3.0 Confirmation of Minutes from 3 May 2013 meeting
Confirmation of the unconfirmed minutes.
Resolved:
‘That the minutes of the meeting of 3 May 2013, having been previously circulated
to the full Board, be confirmed as a true and accurate record of the meeting,
subject to any corrections.’
T Scott/D Baker
Carried unanimously
Note: That once confirmed, minutes are posted on the Board’s webpage.
4.0 Matters Arising
4.1 Follow-up on actions from previous meeting
Draft report to decision maker – C Hickford had raised this with Permissions/
SLM Manager J Brennan. BSO to arrange meeting M Legge and J Brennan to
sort out processes and get clarity on board triggers.
Action: BSO
Resolution:
“Moved that the following be ratified: letter to Bathurst re Denniston Plateau
multiparty talks; letter to West Coast Regional Council re Otumahana Estuary
clearance; letter to C Trouson re campervan levy; letter to Minister of
Conservation re meeting in Nelson, letter to DOC West Coast re lack of
consultation on Escarpment Mine Access Arrangement Report; letter to NZCA re
lack of Board consultation re Buller Coal Escarpment Mine; letter to NZCA re
conservation board in new DOC structure.”
C Backes/D Baker
Carried
K Thomas abstained
4.1.2 Board received a reply from the West Coast Regional Council regarding
the Otumahana estuary. H Macbeth brought this matter to the Boards attention
at 3 May meeting, and should be advised of the outcome. Action: S Robertson
Doc-1233579 Minutes 5 July 2013 2

CONFIRMED
4.1.8 NZCA response received 4 July 2013, which answered three of the Boards
letters. NZCA cannot do anything further re the non-consultation on Escarpment
Mine. The National Park issue – suggested new legislation may help, Agenda
item 8.2.1 Transfer of Land into National Parks 6 (h).
While SLM Advisor was present Board were able to discuss further and were told
that Crown Minerals Act overrides the Conservation Act. C Backes said it was
important to get the land parcels into national park as soon as possible – Board
advice given on this back in November 2011. Board had been told that the priority
was on the Treaty Settlement work. Board asked for NZCA to follow up so can be
formalised.
T Scott said a legislation change was required in Minerals Act. C Backes stressed
the need for clarification.
4.1.9 Westpower – Waitaha Hydro - nothing further to report. Board Support
Officer to make contact with Westpower re any further developments.
Action: BSO
5.0 Chairperson’s Report
S Robertson spoke on Les Wright’s death. Several members attended funeral. Les
was a significant member of Board, always gave good advice. Through Les’ work,
the West Coast story was better recorded on a historic level.
J Jones had advised of her appointment by the Environmental Protection
Authority to be on their list of Exclusive Economic Zone Decision Makers. T
Scott advised he had been appointed by Ngai Tahu to the Species Recovery
Group looking at whio. Both were to be congratulated.
Busy two months, meeting with Minister of Conservation in Nelson re
Escarpment Mine, - Westland National Park Management Plan meetings. Thanks
to C Backes and D Baker for staying with Board until Minister has appointed new
members. Thanks to M Legge for taking of the role of Chair for the Concessions
Committee.
5.1 Report on meeting with Minister of Conservation and related
developments
The visit with the Minister was at short notice, in Nelson on 21 May. Four
members attended. Board was informed of the Minister’s decision on the access
arrangement for the Escarpment Mine. There was no consultation involved.
Minister’s decision was to be embargoed until 23 May when press release issued.
M Legge indicated that the Minister spoke of a less attractive compensation
package if a quick decision were not made - as a result of the change in
legislation. Board were also able to discuss other issues, marine reserves etc.
S Robertson’s paper 5.1 was discussed and all agreed was well documented.
Doc-1233579 Minutes 5 July 2013 3

CONFIRMED
Motion:
“That the paper entitled ‘Escarpment Mine Access Arrangement process and the
related Department of Conservation Report to the Minister of Conservation’,
author Stewart Robertson, dated 24.06.13, accurately represents the views of the
West Coast Tai Poutini Conservation Board at 5 July 2013.”
M Legge/T Scott
Carried
K Thomas abstained
Board then discussed letter received from Forest & Bird which referred to a
possible judicial review of the Minister’s decision to grant an access arrangement
for the Escarpment Mine on the Denniston Plateau. Forest & Bird asked the Board
to consider whether it would be prepared to provide an affidavit in support of
their application.
S Robertson felt his meeting paper (5.1) had answered all Forest & Bird questions
except point 2.5 in the letter which required speculation rather than statement of
fact. T Scott asked if the Board might be required to go to a court hearing. S
Robertson indicated that this was a possibility should a judicial review be sought.
It was considered that the information required for the judicial review was already
in the public domain, and the Board paper answered most of the enquiries in the
letter. Board shouldn’t have to go any further - Board would reply to Forest & Bird
and send copy of S Robertson’s paper.
Action: S Robertson
6.0 Correspondence
6.1 Correspondence Schedule
Resolved:
“That the inwards correspondence is received and the outwards approved.”
S Robertson/D Baker
Carried unanimously
7.0 Statutory Planning
7.1 M Legge told Board members he spoke with the Minister on the
Conservation Services Programme process, observers etc. He covered as much as
possible in the time given.
Resolved:
“That the submission to Conservation Services Programme Draft Annual Plan
2013/14 be ratified.”
K Thomas/D Baker
Carried unanimously
7.2 Conservation Management Strategy (CMS) Reporting
C Hickford said that J Jones, J Lyall and C Hickford hadn’t yet been able to set
up a meeting regarding the CMS reporting. He said the new DOC structure will
be in place 2 September and the content of CMS reporting will then be
undertaken by different groups in the organisation although no detail on this has
Doc-1233579 Minutes 5 July 2013 4

CONFIRMED
been finalised as yet. Chris suggested the CMS report could be delivered using
the existing format for this year once staff were in the necessary roles. DOC and
Board need to agree on reporting.
M Legge said the new system can’t work until the old system had been analysed.
Board considered whether they should continue with CMS reporting until more
was known about the DOC structure and Boards generally. M Legge answered
yes, Board need to do ground work and perceive implementation on CMS. The
reporting is done annually so it can feed into the DOC business plan.
The 19 September CMS workshop will be a good opportunity in invite staff in
their new roles, to come to workshop and work in with the Board to develop future
reporting requirements.
M Legge was prepared to analyse previous CMS reporting and also look at the
flowcharts developed from CMS workshop last September. He would work with C
Hickford and J Jones to develop a draft.
Action: M Legge/BSO
Draft CMS for Canterbury, Otago and Southland have just been released but
didn’t say much on reporting.
In Committee
“The Board resolved to move into committee for Agenda item 7.3 Westland
National Park Management Plan Partial Review progress.”
C Backes/M Legge
Carried
“The Board resolved to move out of ‘committee’.”
K Thomas/C Backes
Carried
8.0 Conservation Advice
M Legge went through and gave a brief background about each concession.
C Backes asked that the whole concessions committee view draft reply on any
advice, before letter sent to DOC.
Timeframes were very tight in which Board advice was required by DOC, but they
will turn over as best they can.
Resolution:
“That the following letters to DOC West Coast be ratified: bach application
Barber; guiding concession White Heron Sanctuary Tours; easement Inchbonnie
hydro scheme; easement Okarito Community Association. Also letter to B Reay
re fishing concession with DOC be ratified.”
K Thomas/D Baker
Carried unanimously
Doc-1233579 Minutes 5 July 2013 5

CONFIRMED
The intention to grant an easement for widening and use of Whareatea Road,
Denniston Plateau by Buller Coal Limited has been publicly notified with
submissions closing 16 August 2013. Board decided they would make a
submission. M Legge requested a copy of previous submission to review before
he drafted a new submission.
Action: BSO/M Legge
Multiparty talks
Discussion took place on receipt of letter from P Lawless inviting the Board to
have a representative at the proceedings. The Board would have to agree to the
same terms of confidentiality that the other parties have agreed to. S Robertson
said he was keen to keep the Board in the loop. The confidentiality clause was
discussed. Can disclose the information to the Board ‘in committee’, but not to
the public. Any party can withdraw at any time.
S Robertson asked about changing land classification from stewardship to
ecological area. C Hickford said this would require public notification.
Motion:
“That the Board join the multi party talks re the potential reserve on the Buller
Coal Plateaux.”
M Legge/D Baker
Carried unanimously
How many representatives on the group? M Legge stated Board should accept
invitation and he wished to nominate Chair as representative. A reply to P
Lawless accepting invite for Board to attend meetings and ask whether Board
could have nominees for sub-committees. A list of meeting dates and locations
would be useful.
Action: S Robertson
Motion:
“Moved that Chair S Robertson, be Board representative and attend the multi
party talks re the potential reserve on the Buller Coal Plateaux.”
M Legge/T Scott
Carried unanimously
Permissions/SLM
S Robertson welcomed DOC staff J Brennan, D Clendon and R Hazeldine to the
meeting
Concessions/Mining
J Brennan acknowledged this was a good opportunity to meet the Board
members. She told the Board that mining applications would soon be moving
into the Permissions database. They will then be able to run reports on mining
Doc-1233579 Minutes 5 July 2013 6

CONFIRMED
activities/ issues over the Coast. The database will be able to generate a report
similar to that of the fortnightly concessions report the Board currently receives.
M Legge asked J Brennan if it would be possible to have a document to show how
the concessions process is managed. He can then help make Board function
better when receiving concessions application for Board advice. i.e. one document
incorporating triggers, mining and concessions, timelines, concession SOPs, draft
concessions reports, what raise the triggers – how they function.
D Clendon said that where possible draft reports are provided, but due to SOP
strict timelines not always possible. She explained the early assessment phase,
and report has to be drafted after first 20 days. DOC only gets 40 days from
receiving the application to finalising.
S Robertson noted timeline was very short for Board to consider applications and
asked for a bit more time. J Brennan said they will try and facilitate this.
Statutory Land Management
M Legge thanked R Hazeldine for providing the advice on land status definitions.
It is very useful document to show how the land sits. A copy will be added to
Induction Kit for new Board members.
S Robertson asked if there was a hierarchy in status, in which Ron answered that
land under National Parks Act has the highest protection, e.g. limiting to what
activities can be done in a Park.
S Robertson referred to Denniston protection, and changes in land status. How
would you change status and to what; an ecological area, scenic reserve or nature
reserve. C Backes suggested Board concentrate on National Park because they
know it has the best protection. She asked Ron to clarify amenity areas, and he
told Board amenity areas are provided for the public to enjoy, to give access to,
while still protected any historical or ecological values. He said consideration of
values of the land often falls back to status because it is easier to understand.
T Scott was concerned about the attitude – if any wealth is detected in an area,
let’s do something about it. Wealth is best left as it is. Needs to be restored as
well as possible. He would like a legislative act to cover this.
R Hazeldine will review the letter from NZCA and discuss with Board.
Chair thanked everyone for attending and asked if J Brennan could attend future
Hokitika meetings for ½ hour to keep Board informed of Permissions generally. J
Brennan said that either D Clendon or herself would attend.
8.2 Land exchanges, disposals, revocations etc
The Board noted that in the Permissions/SLM report, the proposed exchange in
Okarito. The landowner had agreed to exchange land for two crown sections.
Doc-1233579 Minutes 5 July 2013 7

CONFIRMED
They had initially requested four sections. The Department was preparing a
submission for the decision maker’s consideration. The Board would like more
information about the exchange.
Action: BSO
Resolution:
“That letter to NZCA re transfer of land into National Parks be ratified.”
M Legge/D Baker
Carried unanimously
9.0 General Business
No public attended the public forum.
9.2 Public requests for Minutes – unconfirmed, confirmed
Unconfirmed minutes will not be sent out to the public. They will only be
distributed internally i.e. Board and Department.
9.3 Franz Josef Visitor Centre and I-Site - Expressions of Interest
Area Manager Franz subsequently has clarified that expressions of interest were
for another site for the Visitor Centre/I-Site. Existing building has significant
engineering problems and location issues.
9.4 Old Ghost Road - where does the risk assessment responsibility lie?
Area Manager B Dickson provided information which was very useful. C
Hickford said that with mountain biking, warning information on hazards and
other measures were in place. As landowner, responsibility ultimately falls back
on DOC but permittees and concessionaires are required to manage risks as part
of their agreements, e.g. through safety plans.
A letter from F Inta asked why the Wangapeka Track was not used for the
cycleway instead of the Old Ghost Road. It will be suggested she write to the
Mokihinui-Lyell Backcountry Trust for a reply.
Action: S Robertson
F Inta also asked Board about a possible disposal of the Seddonville Tramway
Reserve. Board understand it will be publicly notified if it is to be disposed of in
the future.
9.5 Marine Place
Don Neale gave an informative PowerPoint presentation on Marine Place. He
separated into four categories.
Marine protection – mountain to ocean
Don spoke on how the work of the West Coast Marine Forum had benefitted the
Coast with the five new proposed marine reserves, which are expected to be
gazetted later this year. While it took almost seven years to go through, the forum
went through a good robust process. Three of these reserves are among the
largest in mainland New Zealand, i.e. Kahurangi, Punakaiki and Waiau Glacier
Doc-1233579 Minutes 5 July 2013 8

CONFIRMED
Coast. Along with the two others (Tauparikaka and Hautai), they represent the
variety of coastal marine ecosystems on the West Coast.
Marine wildlife – mammals
The West Coast is the major stronghold for Hector’s dolphin in New Zealand.
The set-net ban in place since 2009 to reduce Hector’s dolphin bycatch appears to
working. Fur seal monitoring since 1991, shows declining pup production on
West Coast colonies. Queen’s Birthday saw four dead whales washed up on West
Coast beaches. Sperm whale jaw bones are usually taken out, following DOC-
Ngai Tahu protocols. Whales are usually buried or left on the beach after cultural
or scientific samples are taken. There is a strong traditional interest in sperm
whales.
Estuarine systems
DOC is starting a national estuaries project to improve the conservation of
estuaries, which are valuable habitats often under pressure from land
development around their margins and catchments. Programmes are run on
estuaries by local communities, e.g. Karamea Estuary Enhancement Group and
Cobden Island.
Marine education and individual action
Education plays an important role in learning how we can protect ecosystems e.g.
school trips to the rocky shores. A good example of education putting
conservation into action is DOC Hokitika’s recent work alongside the local
supermarket to reduce plastic bag usage. This was aimed at making school
children aware of the harm plastics do to the sea and environment.
C Backes asked about the pH of the sea. Don wasn’t sure about the pH but said
that ocean acidification caused by the global increase in CO2 could eventually
cause the failure of calcium-dependant (e.g. shell-forming) species and the
collapse of marine ecosystems.
M Legge asked Don about the proposed new marine reserves. He wondered
whether once signed off, there would be any future extensions. Don thought this
was unlikely in the foreseeable future. A review of the Marine Reserves Act and
Marine Protected Area programmes in other less protected marine regions are
likely to be higher priorities for the Department.
M Legge asked D Neale about the structure for PlanBlue. Don replied that the
structure was still evolving. PlanBlue is a NHMS equivalent in marine
conservation. M Legge asked whether the Board should get involved, to which
Don replied there was no consultation process for PlanBlue, but likely
opportunities for input into conservation proposals arising from it (e.g. marine
protected area processes).
M Legge also asked Don what was happening with the Hectors/Maui Dolphin
Management Plans? Don said the focus for conservation and research is
Doc-1233579 Minutes 5 July 2013 9

CONFIRMED
presently on Maui’s Dolphin (the critically endangered North Island subspecies).
A re-survey of the South Island east coast population has recently been
undertaken and is being planned for West Coast.
M Legge said that fisheries observer coverage was poor on the West Coast. D
Neale noted that observer coverage is primarily the responsibility of the Ministry
for Primary Industries. Work is being done to improve NZ’s inshore observer
programme, and the observer programme for offshore fisheries (e.g. the West
Coast hoki fishery) is also continuing.
S Robertson thanked Don for coming along and stressed it was important to give
marine issues a higher profile.
9.6 Statement of Intent 2013 – 2017
M Legge asked about the Statement of Intent 2013-17. C Hickford said there was a
rolling overlap in these documents.
9.7 Conservation Inc. Conference
M Legge notified the Board about Conservation Inc. conference which would be
held 18/19 October 2013 in Dunedin. It will be run by DOC Dunedin and Yellow-
Eyed Penguin Trust. The conference offers a formative opportunity to explore the
nature of the changes in train and the challenges facing citizen-initiated
conservation.
Resolved:
“That M Legge represents the Board and attends the conference in Dunedin.”
T Scott/S Robertson
Carried unanimously
Any costs associated with Mike’s attendance at conference will come from Board
budget, i.e. registration $195, accommodation, fuel.
Mike told the Board that he had the opportunity to give a presentation. All
members were keen for him to do so. With 80% of mining in New Zealand on the
West Coast, mining issues, complexities are different from other Boards/
Conservancies. The West Coast has a lot of non classified land.
Members to provide Mike with any ideas so he can put together a finalised
presentation.
Minerals West Coast Forum is being held on 17/18 July 2013 at Shantytown,
Greymouth, with registration available on the Minerals WC Website.
Resolved:
“That S Robertson could attend the Minerals West Coast Conference in
Greymouth 17/18 July 2013.”
M Legge/T Scott
Carried unanimously
Doc-1233579 Minutes 5 July 2013 10

CONFIRMED
10.0 Statutory Advocacy
S Robertson spoke to his report and referred to his planning table. He advised
Board of items that had reached conclusion and should now be removed from
table. Planning Matters for period –
Page 3 Freshwater Reforms 2013 and Beyond, submission receipt acknowledged.
Westland District Council notification of Resource Consent by Westland District
Property Group did not meet Board triggers.
11.0 Information to be noted
11.1 Conservator’s Report
Page 12 – Rowi and Haast Tokoeka 2012/13 BNZ Operation Nest Egg Summary
very well received.
11.2 Conservancy Planning Update
Otumahana estuary channelisation was well documented. Review of the West
Coast Coastal Plan will eventually be publicly notified by West Coast Regional
Council.
11.3 Permissions Update – Mining/Concessions/SLM
Will talk through any issues when Permissions/SLM Manager is present at next
meeting.
Recommendation:
“That the above reports be taken as read and issues discussed.”
S Robertson/M Legge
Carried unanimously
12.0 Liaison
12.1 Public Forum
No public wished to address the Board.
12.2 Liaison Reports
Otago Conservation Board – M Legge spoke with previous Chair Abbey Smith.
The Board had stability issues. They were disappointed no marine reserves were
proposed in the region. Tenure review took up a bulk of their time. The Board
have a huge amount of concerns regarding what’s happening with the DOC
restructure, combined Regions, travel time and Board appointments.
Stockton Community Consultative Group – K Thomas was unable to attend
meeting 26 June 2013. Draft Minutes for the meeting were circulated to Board
members. From draft minutes she noted aluminium concentrations met the
target level 94% of the time for the period since the last meeting. Clarity met the
>54cm target for 62% of the time (the target is to meet this 75% of the time) so was
short by 13%. Almost 500 snails were released in April. Another 1000 were
planned for release next spring.
Doc-1233579 Minutes 5 July 2013 11

CONFIRMED
Historic Places Trust – Les Wright was the previous record keeper. Board should
be advised in due course of his replacement.
13.0 Administration
13.1 Financial Report – 13/008
The Board noted the information in the paper that had been circulated.
Resolved:
“That the Board accept the financial report 01.07.12 to 30.06.13.”
K Thomas/C Backes
Carried unanimously
13.2 Services of Board Support Officer in the future
C Hickford advised that the expectation is that all staff, including the Board
Support Officer will know their future before the end of August. He will find out
shortly whether he has been successful in gaining a role within the new DOC
structure. He said the Board should receive a similar service to what is presently
provided.
13.3 Laptop assigned for use by Chairperson
This was discussed briefly at the last meeting. The driver behind this was so
personal computers were not getting overloaded with Board business, and also so
when change of Chair, the information went with the laptop. Chair said he liked
to have access to all the records and was a matter of having a really good filing
system. If home computer were to crash, all valuable information was gone.
C Hickford said that the Board Support Officer would hold the official records by
way of files and electronically. He suggested ‘The Cloud’ storage system may be
a good way of keeping a second record for Board members to easily access,
storing files, PowerPoint presentations etc. BSO to work with DOC I.T. expert to
work out how this could work for the Board. ‘Drop box’ also to be considered.
Action: BSO
T Scott asked again about electronic minutes, agenda and Board papers. M Legge
said he found it easier to notate paper files and was against electronic versions.
Board agreed to try out electronic Board papers for next meeting. Paper copies
would still have to be available for public at meeting. M Legge requested paper
copy also.
Action: BSO
As requested at previous meeting, the BSO laptop had been installed with
software so that web access was always available at Board meetings.
14.0 Press Release
Resolution:
“That the May 2013 press release be ratified.”
C Backes/M Legge
Carried unanimously
Doc-1233579 Minutes 5 July 2013 12

CONFIRMED
14.2 Discussion of items for July press release – Chairperson
S Robertson is prepared to complete press release after each meeting.
15.0 Next Meeting
The next meeting will be held at Hokitika 19/20 September and will comprise of a
one day CMS Workshop, with Board meeting the next day.
Meeting closed: 3.20pm
S Robertson
Chairperson
20 September 2013
Doc-1233579 Minutes 5 July 2013 13