Dean Jacqui: Conservation (Natural Heritage Protection) Bill — In CommitteeText is incorporated into the Bound VolumeDean Jacqui: Conservation (Natural Heritage Protection) Bill — In Committee[Sitting date: 25 September 2013. Volume:693;Page:13727. Text is incorporated into the Bound Volume.]JACQUI DEAN (National—Waitaki): The Conservation (Natural Heritage Protection) Bill amends six of the main Acts administered by the Department of Conservation. Those Acts are the Conservation Act 1987 the National Parks Act 1980 the Reserves Act 1977 the Wildlife Act 1953 the Wild Animal Control Act 1977 and latterly—and I will come to this later—the Marine Mammals Protection Act 1978.I would like to outline to the Committee five key aspects of the changes that are set out in the bill. The purpose of these changes is to better safeguard New Zealand’s protected native wildlife public conservation lands and other natural and historic resources. To do so the changes seek to create effective deterrents against conservation-related offending with a clearly formulated and consistent penalty framework that is in line with the modern era.The key changes are to provide significant penalties for illegal activities carried out for commercial gain of a maximum of 5 years’ imprisonment a $300000 fine or both and an additional fine of $20000 a day if the offence is ongoing. This will greatly reduce the incentive for such offending. The bill increases penalties for serious offending that is not commercially motivated to a maximum of 2 years’ imprisonment a fine of $100000 or both. If the offence is a continuing one there may also be an additional maximum fine of $10000 a day. The bill increases the maximum fines for offending by bodies corporate to $200000 or to $300000 where the offending is commercially motivated. It increases the penalties for breaches of regulations and by-laws made under these Acts to a maximum fine of $5000 or $10000 in some specific cases plus an additional maximum fine of $500 a day if the offence is ongoing. It improves the courts’ flexibility to tailor appropriate penalties by enabling the courts to impose a penalty of imprisonment or a fine or both and providing for community work sentences.I would note to the Committee that the bill does not amend the Marine Reserves Act. The Minister of Conservation intends to amend penalties in that Act through a separate legislative process. I want to also note to the Committee that the additional daily fines for ongoing offences are amended only where the relevant Act already provides for such fines. The bill does not propose any new fines of this type.So these improved penalties and more flexible sentencing options apply across the six Acts that I have mentioned. I will go through those Acts. Part 1 of the bill amends the Conservation Act as I have described. The new penalties primarily relate to offences committed in places protected under the Conservation Act but also include offences involving freshwater fish and their habitat. The bill increases fines for breaches of regulations only as the Conservation Act does not provide for by-laws.Part 2 amends the National Parks Act. Likewise it amends the penalties under the National Parks Act. These will apply to illegal activities in all of New Zealand’s national parks. The bill increases fines for breaches of by-laws only as the National Parks Act does not provide for regulations. Maximum fines for breaches of by-laws involving aircraft in national parks are set at a higher level of $10000 as such breaches are potentially more serious.Part 3 amends the Reserves Act for all reserves including those administered by the Department of Conservation local bodies boards and other administering bodies. The bill increases fines for breaches of both Reserves Act by-laws and regulations. The bill sets penalties for national and other reserves at the same level. This is because the new higher penalties provide better scope for courts to take into account factors including but not limited to the status of the particular reserve the values contained in that reserve and the seriousness of the particular offending.Part 4 amends the Wildlife Act as I have described previously with some variations which I will go through. Absolutely and partially protected native species will have their protection increased by the higher new maximum penalties of 2 years’ imprisonment or a $100 fine or both. An existing slightly higher maximum fine of $250000 is retained for offences against absolutely and partially protected marine species. Offending in wildlife refuges and wildlife management reserves will have a maximum penalty of 1 year’s imprisonment or a $100000 fine or both. Wildlife sanctuaries have higher status and will attract the 2-year maximum imprisonment penalty.Existing additional per head fines are removed as these are rarely used. The courts can take the number of animals affected into account as an aggravating or mitigating factor—aggravating I would hope. Penalties for offences involving game birds or unprotected wildlife such as introduced species are not changed by this bill andneither are the penalties for failing to report accidentally killing or injuring protected marine life during fishing. The bill increases fines for breaches of regulations only as the Wildlife Act does not provide for by-laws.Part 5 amends the Wild Animal Control Act as I have described. The higher new penalties apply to offences such as aerial hunting without landowner permission and unlawfully releasing wild animals. The bill increases fines for breaches of regulations only as the Wild Animal Control Act does not provide for by-laws.Part 6 of the bill amends the Marine Mammals Protection Act. Thanks go to Maryan Street and the Local Government and Environment Committee for their work in bringing this amendment to the bill. I thank the member for that good work. Higher standard penalties apply to offences including illegally taking or killing marine mammals harassing them or using a purse seine net without escape panels. An existing slightly higher maximum fine of $250000 is retained for illegally taking marine mammals. Changes to the Marine Mammals Protection Act do not change penalties for failing to report accidentally killing or injuring marine mammals during fishing.I have gone through the changes proposed in this bill at some length. I want to thank the House and the Committee for consideration of this bill and for your support of our special places and species which are backed by this bill. Thank you.