Wagner Nicky: Conservation (Natural Heritage Protection) Bill — Second ReadingText is incorporated into the Bound VolumeWagner Nicky: Conservation (Natural Heritage Protection) Bill — Second Reading[Sitting date: 04 September 2013. Volume:693;Page:13280. Text is incorporated into the Bound Volume.]NICKY WAGNER (National—Christchurch Central) on behalf ofJacqui Dean (Waitaki): I moveThat the Conservation (Natural Heritage Protection) Bill be now read a second time. It is my pleasure to represent Jacqui Dean who is overseas at an Inter-Parliamentary Union conference and deliver her speech in the second reading of her bill the Conservation (Natural Heritage Protection) Bill. She starts by saying that she extends her thanks to her colleagues on the Local Government and Environment Committee who willingly applied their minds and provided useful insights to enhance this bill. This bill has had wide-ranging support across the parties and the member said it has been a pleasure to work so constructively on issues that we all seem to agree on. We all care about our special places plants and animals and we all want to ensure that they are protected.From the Alps to the ocean Jacqui Dean’s electorate—that is the Waitaki electorate—has a diverse range of precious ecosystems valuable productive land the vast Mackenzie Country our awe-inspiring Southern Alps and our special coast. The member’s electorate is a special place filled with special people who value hard work and the environment. It is home to a range of special critters plants and places.Rare and precious geckos have been smuggled from the member’s electorate to supply an international black market trade in rare and endangered species. Television New Zealand’sSunday programme broadcast the story of the damage being done to the species and the shady methods used by these smugglers. The member’s constituents are concerned and so is she. They are not willing to stand by and let our natural heritage disappear simply for the gratification of a small number of international collectors.Jacqui Dean will outline more of her reasons for sponsoring this bill in her speech on the third reading but tonight I will concentrate on explaining the key changes recommended by the select committee. She is asking members across the House to support this bill. It is in our national interest to do so. The bill provides solutions to a problem that transcends party politics which is the need for protection of one of the cornerstones of New Zealand and of us as Kiwis: our natural heritage.The select committee recommendations were made unanimously. I would like to inform the House of the key changes it has recommended. The bill will result in a comprehensive consistent and effective penalty regime across conservation legislation. The current provisions are inconsistent and are purely accidents of history. A person felling a magnificent original-growthtōtara tree today would face maximum penalties of a $500 fine if thetōtara happened to be growing in a reserve a $2500 fine or 3 months’ imprisonment if it was taken from a national park and a $10000 fine or 12 months’ imprisonment if it was felled on land held under the Conservation Act. This bill amends those inconsistencies.The bill as introduced applied to the Conservation Act the National Parks Act the Reserves Act the Wildlife Act and the Wild Animal Control Act. These are the key pieces of legislation that govern land-based conservation. During the select committee process the committee considered whether it should also apply to other conservation legislation and it determined that marine mammals—that is dolphins whales and seals—should also have the benefit of higher levels of protection. The committee recommended that the bill incorporate the Marine Mammals Protection Act and Jacqui Dean would like to thank the Labour member the Hon Maryan Street for her promotion of that amendment. Having consistent penalty levels across the legislation will ensure that like values are accorded the same degree of protection.The bill does not incorporate the Marine Reserves Act or the Trade in Endangered Species Act. Although both pieces of legislation are key pieces of conservation legislation the committee was advised that changes are being made to the Marine Reserves Act through a separate legislative process. It was also advised that the existing penalty levels in the Trade in Endangered Species Act are higher than the standard conservation penalties and that changes to that Act should be considered carefully to ensure consistency with our international obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora.The recommended penalty levels will deter potential offenders from carrying out illegal activity result in similar offending facing similar consequences be consistent with other relevant legislation be consistent with international best practice and provide serious consequences for serious offending against our natural heritage. In order to achieve these objectives the new penalty level is a maximum of 5 years’ imprisonment or a $300000 fine or both for offending that is commercially motivated. For serious offending that is not commercially motivated there is a maximum of 2 years’ imprisonment or a fine of $10000 or both for individuals and a maximum fine of $200000 for corporations. For less serious offending that is not commercially motivated there is a maximum of 1 year’s imprisonment or a fine of $100000 or both for individuals and a maximum fine of $200000 for corporations. For breaches of regulations or by-laws there is a maximum fine of $5000 generally or $10000 in some specific cases.These penalty levels are broadly consistent with the Resource Management Act the Fisheries Act and the Animal Welfare Act. The member wants to stress that these penalties are the maximum penalties. These levels of penalties could be applied in only the most serious offending situations and only where there are absolutely no mitigating factors or circumstances that would warrant a lighter penalty being given.Our job in Parliament is to set the highest level of penalty that those committing a particular type of offending could face. We do not set minimum penalties or average penalties. We set the upper boundary and provide the courts with the flexibility to design an appropriate sentence within that boundary. The courts are bound by the Sentencing Act and case law to develop an effective sentence by taking into consideration the seriousness of the particular offence that has been committed; the circumstances of that offending including aggravating or mitigating factors; and the circumstances of the offender.The member acknowledges that a lot of conservation offending may be in the lower range of seriousness. However we are determined to provide the courts with a suitable upper level to ensure that serious offending is treated seriously by the court. We have seen too many examples in recent times where penalty levels may have been insufficient to reflect the seriousness of the offending that happened.The new higher penalty levels will provide courts with broader parameters for sentencing which will have most effect on serious offending. The bill also increases flexibility and provides broader sentencing options by providing for community work as an alternative sentence. New penalties with an option for imprisonment also allow for sentences of imprisonment or a fine or both. This provides the courts with maximum flexibility to determine what is fair and appropriate in any particular circumstances.Although the bill changes penalties what it does not do is change powers. Enforcement officers will not be able to act in any different ways as a result of this bill. The bill does not change offence provisions other than to make some minor purely technical amendments to existing offence provisions. There may be value in improving powers and offences across the conservation legislation as well. However that is beyond the scope of this exercise. The member is confident that the changes made topenalties through this bill will have a significant effect on increasing the protection of our protected places and species. Thank you.