New Zealand poised to introduce clean car standards and incentives to cut emissions



Australia and Russia could soon be the last remaining developed nations without fuel efficiency standards, with New Zealand proposing new rules and financial incentives to get more people driving cleaner cars.
http://www.shutterstock.com, CC BY-ND

Robert McLachlan, Massey University

The New Zealand government has proposed new fuel standards to cut greenhouse emissions, along with consumer rebates for cleaner cars – paid for by fees on high-polluting cars.

The long-awaited proposed changes would bring New Zealand in line with most other developed countries; apart from New Zealand, Russia and Australia are the last remaining OECD nations without fuel efficiency standards.

New Zealand’s long tradition of not regulating its car market, combined with substantial indirect subsidies for private cars, makes addressing emissions from the transport sector both challenging and highly significant.




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New Zealand’s second-rate car fleet

Land transport emissions – the single largest source of fossil carbon dioxide in New Zealand – grew 93% between 1990 and 2017. There are multiple causes. The population grew 44% during this period, mostly through immigration. The car ownership rate also grew rapidly, partly due to economic growth and deficiencies in public transport in the main cities. Car ownership in New Zealand is now the highest in the OECD and there are more motor vehicles than adults.

Fuel efficiency improved only slowly over this period, before stalling in recent years: at 180g CO₂/km, the emissions of newly imported vehicles in New Zealand are 50% higher than in Europe. Because of the lack of a fuel efficiency standard, importers provide less efficient versions of their bestsellers to the New Zealand market. Of the ten bestselling new vehicles, five are utes (which also benefit from a fringe benefit tax exemption, four are SUVs and one is a regular car.

In addition, half of all vehicles are imported secondhand, mostly from Japan. They are cheap, but less efficient than newer models. Emissions, and congestion, are likely to continue rising as the national vehicle fleet is increasing by 110,000 vehicles a year.

One bright spot in the present situation is the emergence of an electric vehicle segment, mostly driven by the availability of cheap second-hand Nissan Leafs from Japan and the construction of a fast-charging network by a private company. Although sales have stalled in the past year at a market share of 2%, there are now 15,000 electric vehicles in New Zealand. (Australia has around 10,000 electric vehicles.)

New Zealand’s history of fuel taxes

New Zealand does not have a strong record of taxing “bads”. The only goods subject to excise taxes are tobacco, alcohol and fuel. The fuel tax is moderate by international standards. Over the past decade, the fuel tax has been fully allocated to road construction and maintenance.

New Zealand has an emissions trading scheme. The current carbon price of NZ$25/tonne of carbon dioxide adds five cents per litre to the price of fuel. Clearly, any likely increases in the carbon price are not going to be enough to change car buying decisions. Research shows that consumers tend to focus on upfront costs, while underestimating future fuel and maintenance costs.

Despite that, a special Auckland fuel tax of 10 cents per litre that co-funds public transport investment provoked a brief but intense backlash from the public. Plans to extend the scheme to other centres were canned.

A two-pronged plan

The proposed fuel efficiency standard would require car importers to either meet it or pay a fine. The suggested standard is 150gCO₂/km in 2021, falling to 105gCO₂/km in 2025, with further falls thereafter. There are more than 3000 car importers in New Zealand, so this could prompt a major shakeup, including possible price adjustments.

The standards are similar to those proposed by the Australian Coalition government in 2016, which have not yet been taken any further. Internationally, fuel efficiency standards cover 80% of the light vehicle market.




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But the second component of the proposal, the clean car discount, has attracted more attention. Cars emitting less than the current threshold would received a discount, initially up to NZ$1800 for an efficient petrol car, up to NZ$4800 for a hybrid and up to NZ$8000 for a battery electric car. Cars costing more than NZ$80,000 would not receive a discount.

Known as a “feebate scheme”, those rebates would be paid for by increased fees for high-polluting cars, of up to NZ$3000. The amounts are designed so that the entire scheme would be revenue neutral to the government. Modelling suggests that the proposed standard and discount combined would save motorists NZ$12,000 over the life of a vehicle.

International clean car schemes and testing

There is international experience with similar schemes, and they have been broadly effective. France has been operating a “feebate” scheme since 2008 with periodic adjustments. New Zealand’s proposed scheme is similar to the French and Swedish schemes.

But there is also room to get it wrong. Tinkering with electric vehicle incentives has led to wild sales fluctuations in the Netherlands and Denmark.

The spread between tested and real-world fuel use has widened, up from 9% in 2001 to 42%. The new Worldwide Harmonised Light Vehicle Test Procedure testing cycle, currently being adopted by Japanese and European manufacturers, is believed to be more representative of real-world fuel use, as is the test already in use in the United States.

But overall, the New Zealand proposal has been received positively by car makers and across political parties.

One possible weakness is that it is entirely based on carbon dioxide. Other pollutants, including nitrous and sulphur oxides and particulate matter (soot), that are responsible for most of the immediate health impacts of vehicle pollution and are worse in diesel than in petrol vehicles, are not targeted. Nor are the underlying subsidies to the car-based transport system, which make a transition to active and public transport more difficult.

Any decisions made now will have impacts for decades to come. Switching the fleet to electric is different from just switching to more fuel-efficient cars. It involves new charging infrastructure and some behavioural changes from the public, and these challenges (rather than simply cost) are stumbling blocks worldwide to more rapid adoption.

These arguments have persuaded many countries to bring in electric vehicle incentives beyond simply targeting carbon dioxide. Norway is a famous example, where electric vehicles avoid purchase taxes and market share is already 60%. The UK has recently exempted electric company cars from fringe benefit tax.

As the global market share of electric vehicles still stands at only 2%, eight years after they became widely available, and the number of fossil-fueled vehicles is increasing by 48 million a year, stronger action on vehicle emissions is clearly needed worldwide.The Conversation

Robert McLachlan, Professor in Applied Mathematics, Massey University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Study identifies nine research priorities to better understand NZ’s vast marine area



New Zealand’s coastline spans a distance greater than from the south pole to the north pole.
from http://www.shutterstock.com, CC BY-ND

Rebecca Jarvis, Auckland University of Technology and Tim Young, Auckland University of Technology

The islands of New Zealand are only the visible part of a much larger submerged continent, known as Te Riu a Māui or Zealandia. Most of New Zealand’s sovereign territory, around 96%, is under water – and this means that the health of the ocean is of paramount importance.

Most of the Zealandia continent is under water.
CC BY-SA

New Zealand’s marine and coastal environments have significant ecological, economic, cultural and social value, but they face many threats. Disjointed legislation and considerable knowledge gaps limit our ability to effectively manage marine resources.

With the UN decade of ocean science starting in 2021, it is essential that we meet the challenges ahead. To do so, we have asked the New Zealand marine science community to collectively identify the areas of research we should focus on.

Ten important science questions were identified within nine research areas. The full list of 90 questions can be found in the paper and policy brief, but these are the nine priority areas:




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1. Food from the ocean

Fisheries and aquaculture are vital sources of food, income and livelihoods, and it is crucial that we ensure these industries are sustainable. Our study has identified the need for new methods to minimise bycatch, mitigate environmental impacts and better understand the influence of commercial interests in fishers’ ability to adequately conserve and manage marine environments.

2. Biosecurity

The number of marine pests has increased by 10% since 2009, and questions remain around how we can best protect our natural and cultural marine heritage. Future directions include the development of new techniques to improve the early detection of invasive species, and new tools to identify where they came from, and when they arrived in New Zealand waters.

3. Climate change

Climate change already has wide ranging impacts on our coasts and oceans. We need research to better understand how climate change will affect different marine species, how food webs might respond to future change, and how ocean currents around New Zealand might be affected.

Climate change already affects marine species and food webs.
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4. Marine reserves and protected areas

Marine protected areas are widely recognised as important tools for marine conservation and fisheries management. But less than 1% of New Zealand’s waters is protected to date. Future directions include research to identify where and how we should be implementing more protected areas, whether different models (including protection of customary fisheries and temporary fishing closures) could be as effective, and how we might integrate New Zealand’s marine protection into a wider Pacific network.




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5. Ecosystems and biodiversity

While we know about 15,000 marine species, there may be as many as 65,000 in New Zealand. On average, seven new species are identified every two weeks, and there is much we do not know about our oceans. We need research to understand how we can best identify the current baseline of biodiversity across New Zealand’s different marine habitats, predict marine tipping points and restore degraded ocean floor habitats.

6. Policy and decision making

New Zealand’s policy landscape is complicated, at times contradictory, and we need an approach to marine management that better connects science, decision making and action. We also need to understand how to navigate power in decision making across diverse interests to advance an integrated ocean policy.

7. Marine guardianship

Marine guardianship, or kaitiakitanga, means individual and collective stewardship to protect the environment, while safeguarding marine resources for future generations. Our research found that citizen science can help maximise observations of change and connect New Zealanders with their marine heritage. It can also improve our understanding of how we can achieve a partnership between Western and indigenous science, mātauranga Māori.

8. Coastal and ocean processes

New Zealand’s coasts span a distance greater than from the south pole to the north pole. Erosion and deposition of land-based sediments into our seas has many impacts and affects ocean productivity, habitat structure, nutrient cycling and the composition of the seabed.

Future research should focus on how increased sedimentation affects the behaviour and survival of species at offshore sites and on better methods to measure physical, chemical and biological processes with higher accuracy to understand how long-term changes in the ocean might influence New Zealand’s marine ecosystems.

9. Other anthropogenic factors

Our study identified a range of other human threats that need more focused investigation, including agriculture, forestry mining and urban development.
We need more research into the relative effects of different land-use types on coastal water quality to establishing the combined effects of multiple contaminants (pesticides, pharmaceuticals, etc) on marine organisms and ecosystems. Pollution with microplastics and other marine debris is another major issue.

We hope this horizon scan will drive the development of new research areas, complement ongoing science initiatives, encourage collaboration and guide interdisciplinary teams. The questions the New Zealand marine science community identified as most important will help us fill existing knowledge gaps and make greater contributions to marine science, conservation, sustainable use, policy and management.The Conversation

Rebecca Jarvis, Research Fellow, Auckland University of Technology and Tim Young, Marine Scientist, Auckland University of Technology

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Dolphin researchers say NZ’s proposed protection plan is flawed and misleading



Hector’s dolphins (Cephalorhynchus hectori) are found only in New Zealand.
Flickr/Scott Thompson, CC BY-ND

Elisabeth Slooten, University of Otago and Steve Dawson, University of Otago

The New Zealand government recently proposed a plan to manage what it considers to be threats to Hector’s dolphins, an endemic species found only in coastal waters. This includes the North Island subspecies Māui dolphin.

Māui dolphins are critically endangered and Hector’s dolphins are endangered. With only an estimated 57 Māui dolphins left, they are literally teetering on the edge of extinction. The population of Hector’s dolphins has declined from 30,000-50,000 to 10,000-15,000 over the past four decades.

The Ministry for Primary Industries (MPI) and the Department of Conservation (DOC) released a discussion document which includes a complex range of options aimed at improving protection.

But the proposals reveal two important issues – flawed science and management.




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Flawed science

Several problems combine to overestimate the importance of disease and underestimate the importance of bycatch in fishing nets. For many years, MPI and the fishing industry have argued that diseases like toxoplasmosis and brucellosis are the main cause of decline in dolphin populations. This is not shared by New Zealand and international experts, who have been highly sceptical of the evidence. Either way, it is not an argument to ignore dolphin deaths in fishing nets.

Three international experts from the US, UK and Canada examined MPI’s work. They concluded that it is not possible to estimate the number of dolphin deaths from disease, much less claim that this impact is more serious than bycatch. On the other hand, it is easy to obtain an accurate estimate of the number of dolphins dying in fishing nets, as long as enough observers are allocated. MPI has failed to do so. Coverage has been so low that MPI’s estimate of catch rates in trawl fisheries is based on one observed capture.

It would be possible to estimate dolphin deaths in trawl nets if enough observers were allocated.
Supplied, CC BY-ND

The MPI model used in the public discussion document (and described in more detail in supporting materials) is complex, and a one-off. It is based on a “habitat model” of dolphin distribution, but fits actual dolphin sightings poorly.

Another problematic aspect of the method is that there is no clear time frame for the “recovery” of dolphin populations to the specified 90% of the unimpacted population size for Hector’s dolphins and 95% for Maui dolphins. This is one of the first things any decision maker would want to know. Would Māui dolphins be held at the current critically endangered population level for another 50 years? If so, this dramatically increases their chance of extinction.

Flawed management options

The second set of problems concerns the management options themselves. These are a complex mix of regulations that differ from one area to another, for gillnets and trawling. They frankly don’t make sense. The International Whaling Commission (IWC) and International Union for Conservation of Nature (IUCN) have recommended banning gillnet and trawl fisheries throughout Māui and Hector’s habitats. MPI’s best option for Māui dolphins comes close to this in the middle of the dolphins’ range, but doesn’t go as far offshore in the southern part of their range.

The South Island options for Hector’s dolphin are much worse. MPI’s approach has been to try to reduce the total number of dolphins killed to just below the level they believe is sustainable. MPI has invented its own method for calculating a sustainable number of dolphin deaths, which is much higher than the well-tested method used in the United States. The next step has been to find areas where the greatest number of deaths can be avoided at the least cost to the fishing industry.

Several Hector’s dolphin populations in the South Island are small, but they act as a bridge between larger populations.
Supplied, CC BY-ND

This sounds reasonable, but fixing the problem only in the places where the largest number of dolphins is being killed will have several negative consequences. Experience shows that fishing effort shifts beyond protected areas, merely moving the problem.

For example, MPI’s proposals leave a large gap on the south and east side of Banks Peninsula, in prime dolphin habitat. If the nearby areas are protected, this gap will be fished, and dolphin bycatch will continue unabated. What’s needed is protection of the areas where dolphins live.

MPI’s focus on reducing the total number of dolphin deaths also ignores the fact that it really matters where those deaths occur. Several Hector’s dolphin populations in the South Island are as small, or smaller, than the Māui dolphin population.

Entanglement deaths have much worse consequences in such small populations, which form a bridge between larger populations. Yet they get no attention in the current options. MPI’s proposals would lead to the depletion of small populations, with increased fragmentation and extinction of local populations.

Only one option

If we want to ensure the long-term survival of these dolphins, there is only one realistic solution: to remove fishing methods that kill dolphins from dolphin habitat. The simple solution is to use only dolphin-safe fishing methods in all waters less than 100 metres deep. This means no gillnets or trawling in harbours and other coastal waters up to the 100 metre depth contour.

There is no need to ban recreational or commercial fishing, but we must make the transition to selective, sustainable fishing methods. These include fish traps, longlines and other hook and line methods. Selective, sustainable fishing methods also use less fuel than trawling and avoid impacts of trawling and gillnets on the broader marine environment.

We also need more observers and more cameras on fishing boats. MPI’s estimate of how many dolphins are dying in fishing nets is almost certainly an under-estimate. It depends heavily on assumptions that are not supported by data.

With observers on only about 2-3% of the inshore fishing boats, the chances of missing bycatch altogether is very high. Low observer coverage also means boats can fish differently on the days when they have an observer aboard (for example, avoiding areas where they have caught dolphins).

Selective fishing methods would protect dolphins and the broader marine environment.
Supplied, CC BY-ND

We know what works

Despite getting a poor report card from the international expert panel, MPI presented a virtually unmodified analysis to the IWC’s scientific committee last month. The committee identified most of the same issues and concluded it needed more time to decide whether MPI’s approach is fit for purpose. Meanwhile the IWC reiterated its recommendation, which it has been making for eight years, to ban gillnets and trawl fisheries throughout Māui dolphin habitat.

In the meantime, dolphins continue to be killed in fishing. We need to make decisions on the basis of scientific evidence available now. All of the population surveys, including those funded by MPI, show Hector’s and Māui dolphins live in waters less than 100 metres deep.

The best evidence of what works comes from Banks Peninsula, where the dolphins have had partial protection since 1988, and detailed follow-up research. This population was declining at 6% per year before gillnets were banned to four nautical miles offshore and trawling to two nautical miles. Even though there was no management of disease, the rate of population decline has dropped dramatically to less than 1% per year. If disease were a serious problem, the restrictions on gillnets would have made little difference.

A general principle in conservation is that the longer you wait, the more difficult and more expensive it will be to save a species, and the more likely we are to fail.The Conversation

Elisabeth Slooten, Professor, University of Otago and Steve Dawson, Professor, University of Otago

This article is republished from The Conversation under a Creative Commons license. Read the original article.

How New Zealand’s well-being budget delivers for the environment



One of the government’s spending priorities is a transformation towards a low-emissions economy.
from http://www.shutterstock.com, CC BY-ND

Troy Baisden, University of Waikato

Internationally, the Ardern government is seen as a progressive beacon, and its recent budget was watched closely as a milestone in the “year of delivery” for Ardern’s well-being agenda.

The budget is a leap ahead of other Western democracies in that it replaces the gross domestic product (GDP) with a set of well-being measures and six focal areas to justify investment. Transforming the economy and society towards environmental sustainability is one of them.

The recently released state of the environment report highlighted deep concerns about trends in biodiversity conservation, greenhouse gas emissions and freshwater health. Budget 2019 signals a meaningful shift, but more in intention than sufficient funding.




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Two tactics for delivery

Two very different tactics are at play in the well-being budget, and both can be seen in areas related to the environment. First, in conservation, government officials know where support is needed and can use the budget to address historic underinvestment.

Where the path for delivery isn’t clear, the government has budgeted a minimum credible investment over four years and is working through the complexity of directing that investment. This second tactic dominates climate change, freshwater, and their convergence in sustainable land use.

To better understand how these tactics play out, it helps to look at the way information is presented in New Zealand’s budgets, which are seen as a model for transparency. Announcements describe investment of new money, typically over four years, but not necessarily how the money will be spread out across the years. More detailed information that appears with the budget helps to clarify when spending will occur, as well as whether spending will really happen.

A budget includes main estimates, estimated actuals and actuals, listed over three years. These reveal useful insights, including a persistent pattern through the past decade of underspending compared to what was announced in budgets.

Conservation spending

The conservation budget provides a typical example, showing how significant the signalled increases in funding will be. Expenditure increases from steady budget estimates of less than NZ$450 million from 2008 to 2018 to NZ$600 million in 2020.

But from 2010 through to 2016, there was a persistent pattern of underspending by NZ$30–49 million each year, relative to the budget announcements. The pattern ended after becoming controversial, but resulted in a cumulative underinvestment of NZ$275 million, which the latest budget aims to redress.

Budget 2019 also highlights major investments in biosecurity. By 2020, this budget will be nearly double the NZ$205 million spent in 2017. Historically, funding for biosecurity has been stable but low compared to the benefits of maintaining New Zealand’s natural isolation from pests and disease. Such benefits are hard to measure until they are lost following an incursion of a new pest or disease.

Several such cases are a main driver of increased funding for biosecurity, including Mycoplasma bovis infecting cattle throughout much of New Zealand, the arrival of myrtle rust and the disease-causing Kauri dieback.

Climate change and freshwater

The budget includes a sustainable land use package of NZ$229 million over four years, including several components. It addresses the mounting environmental challenges facing agriculture. The sector generates excess nutrient flows to iconic lakes and rivers, and roughly half of New Zealand’s greenhouse gas emissions.




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The government has committed to transforming the economy toward sustainability, but the budget signals only the broad direction of investment. One clear signal in the budget is an end to government subsidies for intensifying agriculture, confirming last year’s decision to end support for large irrigation projects, on which the previous government spent NZ$13 million in 2017.

But most components in the new package will not reach full funding levels until the 2021 financial year. The amounts of funding signal a credible start, but are unlikely to be enough. On an annual basis, the new package is only about 0.14% of the NZ$40 billion value of land-based primary sector exports.

Past budgets show that complex expenditure that depends on further planning, reorganisation or new structures is often delayed beyond initial projections. This applies to this budget, too. A major freshwater taskforce is now underway but was delayed from its original plan, which means its work is not reflected in this budget. Reform of the software platform that links farm management to environmental regulations will receive NZ$30.5 million, but there are no clear objectives.

Overall, spending with an environmental classification increased 40% from NZ$0.92 billion in 2017 to NZ$1.28 billion last year. However, with a decrease to NZ$1.17 billion estimated for this year, it may make sense to ask whether the projected increase to NZ$1.55 billion for 2020 will be achieved.

To understand the challenges of funding complex environmental issues, we can look to the history of items in the budget – officially called appropriations – containing the words climate change. Budget projections went as high as NZ$64 million to be spent in 2009. But actual spending peaked at NZ$49 million in 2010. This spending bottomed out under NZ$12 million in 2014, and is estimated to be NZ$30 million this year. Estimated expenditure for 2020 exceeds the 2009–10 peak for the first time, at nearly NZ$70 million.

Estimates overshot actual spending by an average of NZ$7 million each year from 2010 through 2018. It makes sense to assume this signals a backlog of work to figure out what needs to be done on climate change issues.

Overall, for science and the environment, a first glance suggests this is hardly a “year of delivery”. Despite a focus on transformation in six areas of spending, including natural and social capital rather than GDP, the budget kicks any real plans for change down the road. But it prioritised achievable goals fairly well, given the big constraints posed by past underinvestment combined with a political commitment to fiscal responsibility.

If the budget succeeds in delivering for New Zealand’s environment, it will be by spending wisely to reverse past underinvestment in specific areas and ensuring that degradation stops and reverses in the relevant areas of environmental well-being. Success can only come through the latter, if groups like the climate change commission and freshwater task force forge clear paths through the political constraints that will guide investment in future budgets.The Conversation

Troy Baisden, Professor and Chair in Lake and Freshwater Sciences, University of Waikato

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Australia should give victims a voice in tackling environmental crimes


Hadeel Al-Alosi, Western Sydney University and Mark Hamilton, UNSW

Contrary to popular belief, crimes against the environment are not “victimless”. They affect many people, animals, plants and landscapes. Crimes against the environment should not be taken lightly.

Broadly defined, environmental crimes are those that harm the environment. This includes acts such as polluting water or air, illegal fishing or trade in wildlife, and water theft. The international Environmental Investigation Agency reports environmental offending is “one of the most profitable forms of criminal activity”.

Australia is currently missing out on a hugely useful tool in the fight against environmental crime: restorative justice. This approach, which has been used successfully in New Zealand, deserves a nationwide commitment.




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Restorative justice conferencing

Australia is a world leader in using restorative justice to deal with both adult and young offenders.

Simply defined, restorative justice is a process in which the victim, offender, and other parties affected by a crime come together to discuss the aftermath of the offence and its impact. Each party plays a role in resolving the dispute with the help of an impartial facilitator.

Restorative justice is all about restoring harm, preventing the crime from reoccurring, and fixing (or building) relationships.

Research has found that, compared with the traditional criminal court process, restorative justice can reduce the chances of reoffending, increase victim satisfaction, and prompt offenders to feel more responsibility for their actions.

During a conference, victims can explain the effect a crime had on them, and ask questions – giving them a voice in traditional proceedings. Offenders can give reasons why the crime happened, and apologise. A range of other outcomes may be agreed to in a conference, including compensation and community work.

However, our research reveals that conferencing is underused when it comes to environmental crimes in Australia.

New Zealand leads the way

New Zealand is leading the world in using restorative justice to deal with environmental crimes. This is largely a result of two pieces of legislation passed in 2002. First, the Victims’ Rights Act 2002 says that, if possible, the court (or other representative) must arrange a restorative justice conference at a victim’s request. Second, the Sentencing Act 2002 makes it mandatory for a judge to take into account any outcomes reached in a conference.

While more research focusing on the precise benefits is needed, anecdotal evidence from shows New Zealand’s approach is effective. Several judges, prosecutors and facilitators have praised environmental justice in addressing environmental crime.




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Australia is failing to reap the benefits

Unlike New Zealand, Australian courts have not embraced restorative justice for environmental offending. In fact, Australia has only used restorative justice conferencing in two cases of environmental crime: Williams (2007) and Clarence Valley Council (2018).

Both Williams and Clarence Valley Council involved offending against Aboriginal cultural heritage, in breach of New South Wales’s National Parks and Wildlife Act. The outcomes reached in the conferences went well beyond what a court could have imposed on the offenders.

For example, in Williams, where a mining company built exploratory pits and a private railway siding across areas of Indigenous significance, the maximum penalty at the time was a fine of A$5,500 and 6 months’ imprisonment. The judge suggested the parties engage in a restorative justice conference, during which Craig Williams donated A$32,200 worth of items to the local Aboriginal people.

In Clarence Valley Council, which concerned the council cutting down a protected tree, the council agreed in the conference to donate A$300,000 to the local Aboriginal community to fund research into cultural heritage. The council also agreed to create employment opportunities and youth initiatives for Aboriginal people.

These outcomes are far better in repairing the damage done than a mere fine or prison term.

Complementary to traditional prosecution

Despite these significant benefits, restorative justice conferencing is not a replacement for prosecution. It should be used only after the offender has been assessed as suitable, as in the cases of Williams and Clarence Valley Council.

Restorative justice conferencing can be suitable for all sorts of environmental crime, from water pollution to breaches of planning laws. In the case of offending against Aboriginal cultural heritage, conferencing may be appropriate given its ability to give a voice to members of the Aboriginal community who would otherwise be unable to participate in the formal court process.

The ideal time to integrate conferencing is after conviction but before sentencing, which we refer to as a “back-end model” of conferencing (the method most commonly used in New Zealand).

Typically, a back-end model involves the prosecution bringing charges before the court. The court then considers holding a restorative justice conference and, if appropriate, the proceedings are postponed to allow the conference to occur. The matter is later referred back to the court for sentencing.

This creates an opportunity for the sentencing judge to consider any results from the conference, but maintains a court’s essential oversight role by ensuring the outcomes reached are adequate, achievable and legally binding.

A more environmentally friendly response

Restorative justice conferencing can provide a more effective way of dealing with environmental harms because, according to Trevor Chandler, a facilitator in Canada, “punishment makes people bitter, whereas restorative solutions make people better”.

Of course, conferencing is not without limits. Just as restorative justice may not work for all young people, it may not work for all environmental offenders. Conferencing can require more time, money and energy than traditional court processes. However, this may be an investment well worth making for the environment.




Read more:
Restorative justice may not work for all young offenders


It is time for Australia to follow New Zealand’s example by embracing a back-end model of restorative justice.

This would give victims a much-needed voice in the process, and create a better chance to heal ruptured relationships and restore the harm done to the environment as far as possible.The Conversation

Hadeel Al-Alosi, Lecturer, School of Law, Western Sydney University and Mark Hamilton, PhD Candiate (Law); Sessional tutor in criminology (School of Social Sciences), UNSW

This article is republished from The Conversation under a Creative Commons license. Read the original article.

NZ introduces groundbreaking zero carbon bill, including targets for agricultural methane



Agriculture – including methane from cows and sheep – currently contributes almost half of New Zealand’s greenhouse emissions.
from http://www.shutterstock.com, CC BY-ND

Robert McLachlan, Massey University

New Zealand’s long-awaited zero carbon bill will create sweeping changes to the management of emissions, setting a global benchmark with ambitious reduction targets for all major greenhouse gases.

The bill includes two separate targets – one for the long-lived greenhouse gases carbon dioxide and nitrous oxide, and another target specifically for biogenic methane, produced by livestock and landfill waste.

Launching the bill, Prime Minister Jacinda Ardern said:

Carbon dioxide is the most important thing we need to tackle – that’s why we’ve taken a net zero carbon approach. Agriculture is incredibly important to New Zealand, but it also needs to be part of the solution. That is why we have listened to the science and also heard the industry and created a specific target for biogenic methane.

The Climate Change Response (Zero Carbon) Amendment Bill will:

  • Create a target of reducing all greenhouse gases, except biogenic methane, to net zero by 2050
  • Create a separate target to reduce emissions of biogenic methane by 10% by 2030, and 24-47% by 2050 (relative to 2017 levels)
  • Establish a new, independent climate commission to provide emissions budgets, expert advice, and monitoring to help keep successive governments on track
  • Require government to implement policies for climate change risk assessment, a national adaptation plan, and progress reporting on implementation of the plan.



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Bringing in agriculture

Preparing the bill has been a lengthy process. The government was committed to working with its coalition partners and also with the opposition National Party, to ensure the bill’s long-term viability. A consultation process in 2018 yielded 15,000 submissions, more than 90% of which asked for an advisory, independent climate commission, provision for adapting to the effects of climate change and a target of net zero by 2050 for all gasses.

Throughout this period there has been discussion of the role and responsibility of agriculture, which contributes 48% of New Zealand’s total greenhouse gas emissions. This is an important issue not just for New Zealand and all agricultural nations, but for world food supply.


Ministry for the Environment, CC BY-ND

Another critical question involved forestry. Pathways to net zero involve planting a lot of trees, but this is a short-term solution with only partly understood consequences. Recently, the Parliamentary Commissioner for the Environment suggested an approach in which forestry could offset only agricultural, non-fossil emissions.

Now we know how the government has threaded its way between these difficult choices.




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NZ’s environmental watchdog challenges climate policy on farm emissions and forestry offsets


Separate targets for different gases

In signing the Paris Agreement, New Zealand agreed to hold the increase in the global average temperature to well below 2°C and to make efforts to limit it to 1.5°C. The bill is guided by the latest Intergovernmental Panel on Climate Change (IPCC) report, which details three pathways to limit warming to 1.5°C. All of them involve significant reductions in agricultural methane (by 23%-69% by 2050).

Farmers will be pleased with the “two baskets” approach, in which biogenic methane is treated differently from other gasses. But the bill does require total biogenic emissions to fall. They cannot be offset by planting trees. The climate commission, once established, and the minister will have to come up with policies that actually reduce emissions.

In the short term, that will likely involve decisions about livestock stocking rates: retiring the least profitable sheep and beef farms, and improving efficiency in the dairy industry with fewer animals but increased productivity on the remaining land. Longer term options include methane inhibitors, selective breeding, and a possible methane vaccine.

Ambitious net zero target

Net zero by 2050 on all other gasses, including offsetting by forestry, is still an ambitious target. New Zealand’s emissions rose sharply in 2017 and effective mechanisms to phase out fossil fuels are not yet in place. It is likely that with protests in Auckland over a local 10 cents a litre fuel tax – albeit brought in to fund public transport and not as a carbon tax per se – the government may be feeling they have to tread delicately here.

But the bill requires real action. The first carbon budget will cover 2022-2025. Work to strengthen New Zealand’s Emissions Trading Scheme is already underway and will likely involve a falling cap on emissions that will raise the carbon price, currently capped at NZ$25.




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In initial reaction to the bill, the National Party welcomed all aspects of it except the 24-47% reduction target for methane, which they believe should have been left to the climate commission. Coalition partner New Zealand First is talking up their contribution and how they had the agriculture sector’s interests at heart.

While climate activist groups welcomed the bill, Greenpeace criticised the bill for not being legally enforceable and described the 10% cut in methane as “miserly”. The youth action group Generation Zero, one of the first to call for zero carbon legislation, is understandably delighted. Even so, they say the law does not match the urgency of the crisis. And it’s true that since the bill was first mooted, we have seen a stronger sense of urgency, from the Extinction Rebellion to Greta Thunberg to the UK parliament’s declaration of a climate emergency.




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New Zealand’s bill is a pioneering effort to respond in detail to the 1.5ºC target and to base a national plan around the science reported by the IPCC.

Many other countries are in the process of setting and strengthening targets. Ireland’s Parliamentary Joint Committee on Climate recently recommended adopting a target of net zero for all gasses by 2050. Scotland will strengthen its target to net zero carbon dioxide and methane by 2040 and net zero all gasses by 2045. Less than a week after this announcement, the Scottish government dropped plans to cut air departure fees (currently £13 for short and £78 for long flights, and double for business class).

One country that has set a specific goals for agricultural methane is Uruguay, with a target of reducing emissions per kilogram of beef by 33%-46% by 2030. In the countries mentioned above, not so different from New Zealand, agriculture produces 35%, 23%, and 55% of emissions, respectively.

New Zealand has learned from processes that have worked elsewhere, notably the UK’s Climate Change Commission, which attempts to balance science, public involvement and the sovereignty of parliament. Perhaps our present experience in balancing the demands of different interest groups and economic sectors, with diverse mitigation opportunities and costs, can now help others.The Conversation

Robert McLachlan, Professor in Applied Mathematics, Massey University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Despite its green image, NZ has world’s highest proportion of species at risk



File 20190429 194606 lj1e80.jpg?ixlib=rb 1.1
About 74% of New Zealand’s land birds, including the endemic takahe, are either threatened or at risk of extinction.
AAP/Brendon Doran, CC BY-ND

Michael (Mike) Joy, Victoria University of Wellington and Sylvie McLean, Victoria University of Wellington

A recent update on the state of New Zealand’s environment paints a particularly bleak picture about the loss of native ecosystems and the plants and animals within them.

Almost two-thirds of rare ecosystems are threatened by collapse, according to Environment Aotearoa 2019, and thousands of species are either threatened or at risk of extinction. Nowhere is the loss of biodiversity more pronounced than in Aotearoa New Zealand: we have the highest proportion of threatened indigenous species in the world.

This includes 90% of all seabirds, 84% of reptiles, 76% of freshwater fish and 74% of terrestrial birds. And this may well be an underestimate. An additional one-third of named species are listed as “data deficient”. It is likely many more would be on the threatened list had they been assessed. Then there are the species that have not been named and we have no idea about.




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Why biological diversity matters

Biodiversity is a word that means different things to different people. Its use has exploded recently as more people appreciate the magnitude of its decline and its importance to people’s future.

Popularly biodiversity is understood as the number of species in a given country or ecosystem. For scientists, the concept is deeper. It includes genetic and ecosystem diversity and has crucial components such as endemicity (species found nowhere else), native diversity (the proportion of native species) and keystone species (species that are crucial to ecosystem function).

Globally, biodiversity in all its guises is undergoing an unprecedented decline. Estimates are that we are now losing species at more than 1,000 times the background or natural rate. People are also moving species outside their native ranges, and this results in a global biological homogenisation and has helped a small number of species to thrive in human-dominated habitats across the world.

The classification of threat status, globally and in New Zealand, is complex. There are multiple levels, ranging from “nationally critical” to “at risk”. When describing levels of biodiversity decline, it is simpler to look at the proportion of species listed as “not threatened”.

In New Zealand, only around 18% of beetles, 26% of freshwater fish, 38% of marine mammals, 12% lizards, 5% of snails and 50% of plants are listed as not threatened or not at risk. This is a rather dire situation, especially given the 100%-pure slogan used to market Aotearoa New Zealand overseas.

Ineffective legal protection

Another important facet of biodiversity decline is that New Zealand has many endemic species, with around 40% of plants, 90% of fungi, 70% of animals and 80% of freshwater fish found nowhere else. If they are lost here they are lost entirely.

In a recent report to the UN Convention on Biological Diversity, the Department of Conservation could not say whether New Zealand’s biodiversity is declining or not. One quarter of the nearly 4,000 species currently classified as threatened or at risk have only been assessed once and there is no way to know whether their conservation status has changed. Of the remaining roughly 3,000 threatened or at risk species, 10% had worsened to a more threatened ranking. Only 3% had improved.

The numbers above show the failure of legislation intended to protect biodiversity in Aotearoa New Zealand. The Wildlife Act (1953) purportedly gives absolute protection to all wildlife. But it is not enforced in any meaningful way, and therefore has had no impact on biodiversity conservation.

The Native Plants Protection Act (1934) stipulates that native plants have protection on conservation land but makes no mention of protection outside that and, in any case, is not enforced. Native fish are not covered by the Wildlife Act and the Freshwater Fisheries Act affords them no protection either.

Human impact on land

Apart from ineffective species protection, another factor is the loss of habitat and ecosystems through land-use change for agricultural and urban intensification. The first changes happened with Polynesian arrival, and then again after European colonisation, including massive forest clearance and wetland drainage. More recently, the expansion of dairy farms has contributed to significant biodiversity losses.

Freshwater fish are a good example. The increase in the proportion of threatened species has gone from around one-quarter in the early 1990s to three-quarters now. This recent loss reveals the failure of successive governments to protect biota, their habitats and ecosystems. Lowland coastal forests and wetlands in particular continue to be degraded by human activity.




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Indigenous terrestrial vegetation cover is now less than 30%, down from approximately 90% in pre-human times. One-third of the country is covered in exotic grasslands.

About one-third of the country is putatively protected by being within the conservation estate. This sounds impressive, but it obscures the true state of protected areas. The ecosystem types in the estate are far from a representative selection. It mostly contains areas that are too steep to farm and too inhospitable to live in.

The failure to protect habitats is reflected in the reduction in ecosystem diversity: 62% of the ecosystems classified as rare are now listed as threatened, and more than 90% of wetlands have been destroyed. This loss is not confined to the past. Estimates are that 214 wetlands (1,250 ha) were lost between 2001 and 2016, and a further 746 wetlands declined in size.

Marine conservation

Protection levels of marine habitats are even worse. New Zealand’s marine area is 15 times larger than its land area, but marine biodiversity is poorly regulated. Only 0.4% is covered by “no-take” marine reserves.




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As a signatory to the UN Sustainable Development Goals (SDGs), New Zealand is obligated to reduce biodiversity loss. We have committed to achieving SDG 14 (life under water) and SDG 15 (life on land). The former stipulates that we “conserve and sustainably use the oceans, seas and marine resources for sustainable development”. The latter that we “protect, restore and promote sustainable use of terrestrial ecosystems, sustainably manage forests, combat desertification, and halt and reverse land degradation and halt biodiversity loss”.

There is no sign of any real achievement in reducing biodiversity loss. While New Zealand produced a national biodiversity strategy in 2000, it has been largely ineffective at improving the state of biodiversity. As the OECD noted, the strategy and plan lack clarity and clear implementation pathways.

We have tried writing plans with no teeth. Now it is time for action from all levels of society. Cities and regions need to ensure parks and protected areas are adequately managed. Government must work to update ineffective legislation and commit to enforcing the law.The Conversation

Michael (Mike) Joy, Senior Researcher; Institute for Governance and Policy Studies, Victoria University of Wellington and Sylvie McLean, Masters Student in Environmental Studies, Victoria University of Wellington

This article is republished from The Conversation under a Creative Commons license. Read the original article.