Carter David: Questions for Oral Answer — Questions to Ministers 
Carter David: Questions for Oral Answer — Questions to Ministers 
[Volume:642;Page:12521] 
12.  
Hon DAVID CARTER (National) 
 to the  
Minister of Conservation 
: Did he support his department’s Environment Court case against the Bayly Trust; if so why? 
Hon CHRIS CARTER (Minister of Conservation) 
: 
 Yes; because Waikatea is a regionally significant mature kanuka forest and an important bird and reptile habitat. 
Hon David Carter 
: Can the Minister confirm that the highly respected Bayly Trust volunteered to conserve 800 hectares of native bush wanting to clear only 260 hectares of scrub and why did that proposal not receive the Department of Conservation’s wholehearted support? 
Hon CHRIS CARTER 
: What I can confirm is that the Bayly Trust said it would do that but it was not prepared to put it into a covenant. Taking the trust to the Environment Court meant that it was required to do so. It was a very positive environmental outcome. 
Russell Fairbrother 
: Why did the Department of Conservation appeal to the Environment Court the decision of the Wairoa District Council to consent to the Bayly Trust clearing the native kanuka forest? 
Hon CHRIS CARTER 
: The Department of Conservation has had a longstanding and well-known interest in the mature kanuka forest on the Waikatea block. The Department of Conservation met with the current landowners in 2004 prior to the purchase to identify the conservation values on the block. It willingly entered mediation prior to the Environment Court hearing seeking to protect areas of particular significance. The landowner walked away from those discussions. My department is satisfied with the outcome ordered by the Environment Court. Approximately 280 hectares of mature forest will be conserved with a covenant on pest control and fencing to protect a further 800 hectares of restored indigenous vegetation. It is a pity that this outcome was not able to be secured without recourse to the Environment Court. 
Jeanette Fitzsimons 
: How much has the department’s advocacy for the biodiversity values of the Waikatea kanuka forest saved taxpayers in terms of the carbon costs of deforestation? 
Hon CHRIS CARTER 
: Through the Department of Conservation’s advocacy 280 hectares of mature kanuka forest will be conserved. As the forest existed prior to 1990 its clearance would have incurred a Kyoto Protocol liability that the taxpayer would have had to pay until the emissions trading scheme commenced. As the Greens co-leader Russel Norman has pointed out that liability is estimated at approximately $2 million—a cost the taxpayer will now not be expected to shoulder thanks to the Department of Conservation taking an active role in this matter. 
Hon David Carter 
: Can the Minister confirm that in excess of $100000 of taxpayer money was wasted by the Department of Conservation on this case which was inevitably going to be thrown out by the Environment Court? 
Hon CHRIS CARTER 
: What I can confirm is that if the Department of Conservation had not appealed the case the covenants the Bayly Trust said it would put in place—but did not—would not have been put in place. This land is now protected thanks to the excellent work the Department of Conservation has done. The National Party may want to gut the Department of Conservation but Labour like most New Zealanders supports the excellent work the department does. 
Anne Tolley 
: Will the Minister confirm that the Wairoa District Council and the Hawke’s Bay Regional Council defended this action for the Bayly Trust as the regional council was so concerned about the impact that the Department of Conservation’s heavy-handed approach would have on the implementation of its regional plans? 
Hon CHRIS CARTER 
: What I can confirm is that when the Wairoa District Council gave its new consent it did the paperwork properly and the covenants were put in. 
Hon David Carter 
: How many briefings did the Minister himself receive on this issue prior to the Environment Court hearing; and why did he at no stage instruct his department to pull out because it was on a hiding to nothing? 
Hon CHRIS CARTER 
: I am delighted with the actions my department has taken. By the Department of Conservation involving itself in this process we have now protected this land. If it had not done so there would be no legal covenant to stop the whole lot being cleared. 
Hon David Carter 
: If the Minister is so delighted with his department’s actions will he instruct the department to reimburse the Bayly Trust the Wairoa District Council and the Hawke’s Bay Regional Council for the costs they have incurred in having to take this matter to the Environment Court? 
Hon CHRIS CARTER 
: What I think the people of New Zealand should be very pleased about is that the Department of Conservation has saved the people $2 million because of the carbon credits we have. What I hope is that the Wairoa District Council will be a little less sloppy next time it does its paperwork. 
Hon David Carter 
: What disciplinary action will be taken against the East Coast - Hawke’s Bay Conservator Peter Williamson who is pursuing a case that can only be called bullying tactics against a local community including the council and the local landowner? 
Hon CHRIS CARTER 
: I confirm again that this Government endorses the work the Department of Conservation does in protecting our unique biodiversity which is something most New Zealanders are really proud about. I know that the National Party would gut the advocacy role of the Department of Conservation at our peril and to our cost.