Supreme Court ruling on NZ’s largest irrigation dam proposal respects conservation law and protected land



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This aerial view shows the catchment of the Makaroro river, in the Ruahine Forest Park. The river was to be dammed for the Ruataniwha irrigation scheme.
Peter Scott, CC BY-ND

Christine Cheyne, Massey University

Earlier this month, New Zealand’s Supreme Court rejected a proposed land swap that would have flooded conservation land for the construction of the country’s largest irrigation dam.

The court was considering whether the Hawke’s Bay Regional Council’s investment arm could build a dam on 22 hectares of the protected Ruahine Forest Park in exchange for 170 hectares of private farm land. The proposed dam is part of the $900 million Ruataniwha water storage and irrigation scheme.

The New Zealand government’s response to the ruling was to consider a law change to make land swaps easier. Such a move flies in the face of good governance.

Natural capital vs development

The Supreme Court ruling has significant implications for the Ruataniwha dam. In addition, it asserts the importance of permanent protection of high-value conservation land.

The ecological value of the Ruahine Forest Park land was never in question. The conservation land includes indigenous forest, a unique braided river and wetlands that would have been destroyed.

The area is home to a dozen plants and animals that are classified as threatened or at risk. The developer’s ecological assessment acknowledged the destruction of ecologically significant land and water bodies. However, it argued that mitigation and offsetting would ensure that any effects of habitat loss were at an acceptable level.

The Mohaka River also flows through the Hawke’s Bay.
Christine Cheyne, CC BY-ND

Challenge to NZ’s 100% Pure brand

New Zealand’s environmental legislation states that adverse effects are to be avoided, remedied or mitigated. However, no priority is given to avoiding adverse effects. Government guidance on offsetting does not require outcomes with no net loss.

In Pathways to prosperity, policy analyst Marie Brown argues that offsetting is not always appropriate when the affected biodiversity is vulnerable and irreplaceable.

Recent public concern about declining water quality has provided significant momentum to address pollution and over-allocation to irrigation. Similarly, awareness of New Zealand’s loss of indigenous biodiversity is building.

These issues were highlighted in this year’s OECD Environmental Performance Review and a report by the Parliamentary Commissioner for the Environment on the parlous state of New Zealand’s native birds.

Both issues damage New Zealand’s 100% Pure branding and pose significant risks to tourism and the export food sector. Indigenous ecosystems are a huge draw card to surging numbers of international tourists.

Battle lines in fight for the environment

Powerful economic arguments have been put forward by business actors, both internationally and in New Zealand. For example, Pure Advantage supports protection of ecosystems and landscapes. Yet, governance mechanisms are limited.

Since 2009, environmental protection and conservation have increasingly become major battle lines as the National government doggedly pursues its business growth agenda. This favours short-term economic growth over environmental protection.

A key principle behind the Supreme Court decision is that protected conservation land cannot be traded off. It follows a High Court case in which environmental organisations argued unsuccessfully that the transfer of land was unlawful.

However, in August 2016, the Court of Appeal ruled against the Director-General of Conservation’s decision to allow the land transfer. It had been supported on the grounds that there would be a net gain to the conservation estate. The court’s ruling said that the intrinsic values of the protected land had been disregarded.

The Supreme Court has reinforced the importance of the permanent protection status recognised by the Court of Appeal.

Anticipatory governance

In response to the court’s decisions, the government argued that land swaps of protected areas should be allowed. It may seek to amend legislation to facilitate such exchanges.

The Supreme Court made reference to section 2 of the Conservation Act 1987. It defines conservation as “the preservation and protection of natural and historic resources for the purpose of maintaining their intrinsic values, providing for their appreciation and recreational enjoyment by the public, and safeguarding the options of future generations”.

Section 6 of the act states that the Department of Conservation should “promote the benefits to present and future generations of the conservation of natural and historic resources”. As such, the legislation and the department contribute to what is known as “anticipatory governance”.

Anticipatory governance is fundamental to good governance, as Jonathan Boston argues in his recent publication Safeguarding the future: governing in an uncertain world.

It requires protecting long-term public interests. Conservation of our unique ecosystems and landscapes protects their intrinsic values and the services they provide. These include tourism benefits and basic needs such as water, soil and the materials that sustain human life.

The department has correctly recognised that conservation promotes prosperity. However, long-term prosperity is quite different from the short-term exploitation associated with the government’s business growth agenda.

This promotes exploitation in the form of mining on conservation land and increased infrastructure for tourism and other industries, such as the proposed Ruataniwha dam.

The ConversationAmending the Conservation Act to allow land swaps involves a significant discounting of the future in favour of present day citizens. This is disingenuous and an affront to constitutional democracy. It would weaken one of New Zealand’s few anticipatory governance mechanisms at a time when they are needed more than ever.

Christine Cheyne, Associate Professor, Massey University

This article was originally published on The Conversation. Read the original article.

Scientific integrity must be defended, our planet depends on it



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To conserve Earth’s remarkable species, such as the violet sabrewing, we must also defend the importance of science.
Jeremy Kerr, Author provided

Euan Ritchie, Deakin University; James Watson, The University of Queensland; Jeremy Kerr, and Martine Maron, The University of Queensland

Science is the best method we have for determining what is likely to be true. The knowledge gained from this process benefits society in a multitude of ways, including promoting evidence-based decision-making and management. Nowhere is this more important than conservation, as the intensifying impacts of the Anthropocene increasingly threaten the survival of species.

But truth can be inconvenient: conservation goals sometimes seem at odds with social or economic interests. As a result, scientific evidence may be ignored or suppressed for political reasons. This has led to growing global trends of attacking scientific integrity.

Recent assaults on science and scientists under Donald Trump’s US administration are particularly extreme, but extend far more broadly. Rather than causing scientists to shrink from public discussions, these abuses have spurred them and their professional societies to defend scientific integrity.

Among these efforts was the recent March for Science. The largest pro-science demonstration in history, this event took place in more than 600 locations around the world.

We propose, in a new paper in Conservation Biology, that scientists share their experiences of defending scientific integrity across borders to achieve more lasting success. We summarise eight reforms to protect scientific integrity, drawn from lessons learned in Australia, Canada and the US.

March for science in Melbourne.
John Englart (Takver)

What is scientific integrity?

Scientific integrity is the ability to perform, use and disseminate scientific findings without censorship or political interference. It requires that government scientists can communicate their research to the public and media. Such outbound scientific communication is threatened by policies limiting scientists’ ability to publish, publicise or even mention their research findings.

Public access to websites or other sources of government scientific data have also been curtailed. Limiting access to taxpayer-funded information in this way undermines citizens’ ability to participate in decisions that affect them, or even to know why decisions are being made.

News of the rediscovery of the shrub Hibbertia fumana (left) in Australia was delayed until a development at the site of rediscovery had been permitted. Political considerations delayed protection of the wolverine (right) in the United States.
Wolverine – U.S. National and Park Service. _Hibbertia fumana_ – A. Orme

A recent case of scientific information being suppressed concerns the rediscovery, early in 2017, of the plant Hibbertia fumana in New South Wales. Last seen in 1823, 370 plants were found.

Rather than publicly celebrate the news, the NSW Office of Environment and Heritage was reportedly asked to suppress the news until after a rail freight plan that overlapped with the plants’ location had been approved.

Protecting scientists’ right to speak out

Scientists employed by government agencies often cannot discuss research that might relate to their employer’s policies. While it may not be appropriate for scientists to weigh in on policy recommendations – and, of course, constant media commentaries would be chaos – the balance has tipped too far towards restriction. Many scientists cannot publicly refer to their research, or that of others, let alone explain the significance of the findings.

To counter this, we need policies that support scientific integrity, an environment of transparency and the public’s right to access scientific information. Scientists’ right to speak freely should be included in collective bargaining agreements.

Scientific integrity requires transparency and accountability. Information from non-government scientists, through submitted comments or reviews of draft policies, can inform the policy process.

Although science is only one source of influence on policy, democratic processes are undermined when policymakers limit scrutiny of decision-making processes and the role that evidence plays in them.

Let science inform policy

Independent reviews of new policy are a vital part of making evidence-based decisions. There is room to broaden these reviews, inviting external organisations to give expert advice on proposed or existing policies. This also means transparently acknowledging any perceived or actual vested interests.

Australian governments often invite scientists and others to contribute their thoughts on proposed policy. The Finkel Review, for example, received 390 written submissions. Of course, agencies might not have time to respond individually to each submission. But if a policy is eventually made that seems to contradict the best available science, that agency should be required to account for that decision.

Finally, agencies should be proactively engaging with scientific groups at all stages of the process.

Active advocacy

Strengthening scientific integrity policies when many administrations are publicly hostile to science is challenging. Scientists are stuck reactively defending protective policies. Instead, they should be actively advocating for their expansion.

The goal is to institutionalise a culture of scientific integrity in the development and implementation of conservation policies.

A transnational movement to defend science will improve the odds that good practices will be retained and strengthened under more science-friendly administrations.

The monarch butterfly, now endangered in Canada, and at risk more broadly.
Jeremy Kerr

Many regard science as apolitical. Even the suggestion of publicly advocating for integrity or evidence-based policy and management makes some scientists deeply uncomfortable. It is telling that providing factual information for policy decisions and public information can be labelled as partisan. Nevertheless, recent research suggests that public participation by scientists, if properly framed, does not harm their credibility.

Scientists can operate objectively in conducting research, interpreting discoveries and publicly explaining the significance of the results. Recommendations for how to walk such a tricky, but vital, line are readily available.

Scientists and scientific societies must not shrink from their role, which is more important than ever. They have a responsibility to engage broadly with the public to affirm that science is indispensable for evidence-based policies and regulations. These critical roles for scientists help ensure that policy processes unfold in plain sight, and consequently help sustain functioning, democratic societies.


The ConversationThe authors would like to acknowledge the contribution of Dr Carlos Carroll, a conservation biologist at the Klamath Center for Conservation Research.

Euan Ritchie, Senior Lecturer in Ecology, Centre for Integrative Ecology, School of Life & Environmental Sciences, Deakin University; James Watson, Associate Professor, The University of Queensland; Jeremy Kerr, University Research Chair in Macroecology and Conservation, University of Ottawa, and Martine Maron, ARC Future Fellow and Associate Professor of Environmental Management, The University of Queensland

This article was originally published on The Conversation. Read the original article.