Dean Jacqui: Conservation (Natural Heritage Protection) Bill — Third ReadingText is incorporated into the Bound VolumeDean Jacqui: Conservation (Natural Heritage Protection) Bill — Third Reading[Sitting date: 23 October 2013. Volume:694;Page:14207. Text is incorporated into the Bound Volume.]JACQUI DEAN (National—Waitaki): I moveThat the Conservation (Natural Heritage Protection) Bill be now read a third time. At the second reading of this bill I noted that my electorate includes the vast Mackenzie Basin our awe-inspiring Southern Alps and a very special coastline. Not only do good people live work and play in my electorate; some very interesting diverse and rare creatures and plants live in these special places too and I would like to think that this bill will make their lives a bit more secure.The bill will help the places by creating for the first time equal legal protection for all classes of public conservation land. The maximum penalties for offending on any public conservation land will be the same. The existing legislation provides inconsistent penalties. The same action could have resulted in a maximum of a $500 fine or 1 month’s imprisonment if it happened in a reserve a $2500 fine or 3 months’ imprisonment if in a national park or a $10000 fine or 12 months’ imprisonment if the offending took place in a conservation area. This inconsistent situation is a pure accident of history. Each Act reflects the norms of the penalties at the time it was enacted rather than the values that are protected on that land today.This bill remedies that situation. National parks and national reserves will still be the jewels in our crown as some of our most precious places and sentences will be better able to take into account both the status of the land where the offending occurs and also the natural heritage values that exist on that land. This will result in fair and effective sentences. The bill will help the creatures and the plants by creating again for the first time increased legal protection of all natural resources wildlife and the places they need to be able to survive.The penalties contained in this bill are in many cases significant increases to the existing penalties. Penalties for offending against marine mammals will now be similar to the penalties provided for in the Fisheries Act and the Animal Welfare Act and I want to acknowledge and thank Maryan Street for her work in bringing this clause into the bill. We have set penalties for commercially motivated offending against wildlife at a high enough level to deter smugglers from stealing our precious plants and creatures. It will no longer be a lucrative proposition given that they could face up to 5 years’ imprisonment and pay significant fines.This bill will also help my constituents by supporting Brand New Zealand. Our way of life our national identity and our tourist industry are built on our natural heritage. By deterring people from offending against it we will all win. By increasing these penalties and by doing so consistently we demonstrate the value our community places on our protected places plants and creatures. This bill raises fines but more important it raises the mana of the values that will be protected by it. We treasure our natural heritage and this bill will help protect it better.The Department of Conservation works closely with the tourism industry—an industry that depends largely on our conservation land and values. The department has worked hard to respond to industry needs for greater efficiency and consistency and I do hear reports that this work is paying off. My colleague the Minister of Conservation wants to ensure that the interests of legitimate operators are protected and not undermined by cowboy operators. He hears from the industry that it wants greater monitoring and more consistent consequences for those who are not playing fair. People who make a buck by making money out of public conservation lands without authority undermine legitimate industry. We want a clean prosperous industry. We want peopleto be out enjoying the outdoors. We do not want dodgy deals overcrowding and competition from those who do not play fair.Through my electorate role I have become aware of how highly valued some of our endemic rare and endangered species are on the international collectors market. Our orchids and our geckos can fetch amazingly high prices. Smuggling of these items is highly sophisticated. It is difficult to detect apprehend or prosecute and of course it is highly lucrative. The Department of Conservation through the Wildlife Enforcement Group has had some really good success. It is monitoring the international market and working with the Customs Service which has resulted in seven foreign nationals being convicted of smuggling-related offences in the last 3 years. That is a good-news story. Some of the geckos they were taking were from my electorate and those populations that are being smuggled are rare they are precious and they are endangered. They cannot sustain selfish unlawful commercially motivated predation.Previously it was unlawful to take these animals from New Zealand but little action was taken outside of New Zealand to prevent their sale on the international market. The increased Wildlife Act penalties created through this bill respond to the calls of District Court judges to provide a meaningful deterrence for this behaviour. I am also happy to report to the House that the Convention on International Trade in Endangered Species of Wild Fauna and Flora congress held earlier this year agreed to elevate the status of our geckos so that they now have greater protection internationally as well as nationally. European and other authorities are now likely to take stronger action against the sale of smuggled geckos on the international black market.Although the effects of stronger fines and prison sentences in themselves may be arguable in terms of their rehabilitative effect there is some evidence that they do serve for effective deterrence and punitive purposes. I see these new high penalties as being the fence at the top of the cliff so we are not relying on ambulances. I want to deter offending preventing it from happening rather than being left to pick up the pieces afterwards and these penalties will assist in that goal.As was raised by submitters waving the big stick of higher penalties is only one tool in the mix of methods required to effectively protect our special places and our special species. Prosecution is only one tool in the compliance box. The Department of Conservation works hard on educating and encouraging compliance and would much prefer to work to prevent offending from occurring rather than have to prosecute. Where offences do occur the department works hard with alleged offenders to help develop effective proportionate consequences and it has a very active diversion programme in place. At times taking the matter to court will be the most proportionate and effective consequence and I am all for that.In conclusion I want to thank the officials who have worked so hard on this bill over many months and who have been so passionate about the wildlife special places and creatures. I again want to give my thanks to my colleagues on the Local Government and Environment Committee who willingly applied their minds and provided useful insights to enhance the bill. Again I want to thank the Hon Maryan Street for her contribution to the clause that includes marine mammals. It has been a pleasure to work so constructively on issues that we all seem to agree on. We all do care about our special places our special plants and our special animals and we all want to make sure that they are protected.It is well past time for those who commit serious offences against our special places and species to face serious consequences. The increased penalties that this bill creates will deter potential offenders and will increase protection of our natural heritage. I commend the bill to the House.