Government resolves to amend Wildlife Act after court decision

Friday, 28 March 2025

Work to construct the Mt Messenger Bypass' 235m-long tunnel has started with the first cuts made by a 110-tonne road header machine.

Conservation Minister Tama Potaka has confirmed a law change is coming after the High Court ruled a permit to inadvertently kill protected species for the Mt Messenger bypass project was unlawful.

'The Government intends to promptly change the law to enable these important activities to go ahead lawfully, including the building of houses and roads for example, as they have in the past with safeguards for wildlife. These amendments will provide certainty for existing projects,” Potaka said in a statement on Friday.

The High Court in March ruled that the permit NZTA obtained to inadvertently kill bats, kiwi and other native fauna while clearing vegetation for the Mt Messenger Bypass in the north Taranaki was unlawful.

The ruling, which came after the Environmental Law Initiative took the Department of Conservation (DOC) to court over the permit, meant there must be “direct nexus” between anything that is killed and the wellbeing of the species.

Broadly this meant nothing could be killed unless it was diseased or there was overpopulation or something similar. It could not be moved elsewhere unless DOC is funded to help sustain a species population in another location ‒ making the species better off overall.

Conservation Minister Potaka and other dignitaries at the opening of the Otorohanga Kiwi House in May 2024.

While the highway construction had not been delayed by the court ruling, as permits to kill wildlife were given under another section of the Act, the Government had decided to change the law to ensure future projects could proceed.

“The decision could delay other projects DOC has given permission for or are still coming through the pipeline under section 53 of the Act – such as building new solar and wind farms, plantation forests, and powerline maintenance that are essential for supporting our growing economy. It also affects other important conservation work, like pest control,” Potaka said.

“While developers are absolutely expected to make the best possible effort to protect our precious wildlife when getting on with their mahi, they should have confidence they won’t be prosecuted if their projects incidentally kill protected wildlife despite having previous authorisation and complying with the conditions set.”

Potaka said protecting wildlife remained important, and the Government still expected developers to seek permission for the activities such as relocating animals.