Holding Environment Southland accountable for neglecting monitoring and action on wetland loss
ELI recently filed judicial review proceedings against Environment Southland (ES) for its failure to fulfil its legal obligations to monitor and take action on wetland loss in the region.
Under the Resource Management Act 1991, wetlands are of national importance and regional councils are responsible for maintaining them.
But despite rules in place to protect them, wetland loss in Southland has continued at a dramatic rate. According to a report from 2020, New Zealand has experienced the loss of more than 5,400 hectares of wetlands since 1996 due to non-natural causes. The report identified lack of compliance with existing wetland rules as a primary “root cause” of wetland loss in New Zealand.
Successive studies have highlighted Southlands wetlands’ vulnerability to illegal drainage as part of ongoing land conversion. Despite this vulnerability, ES has failed to to act on documented losses, evaluate the efficacy of existing regulations, or conduct ongoing monitoring of wetlands so that losses can be detected in time to act.
ELI believes that ES’ neglect of mandatory monitoring and action obligations has contributed to the continued degradation of wetlands in the region.
Our litigation will determine whether ES has violated its obligations in relation to wetlands and ensure accountability for environmental responsibilities under the RMA.
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ES’ failure to fulfil monitoring and action requirements poses a significant obstacle to effective wetland management and conservation. We assert that rules on paper are not enough to protect wetlands – they must be monitored, enforced and assessed for efficacy.
The systemic and ongoing nature of these failures is evident. They not only undermine the authority of the rules themselves, but also hinder ES' capacity to identify illegal activities and take appropriate measures against instances of drainage and conversion.
We see legal action as the first step in ensuring strong rules are not just written down, they’re well-implemented and effectively enforced.
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Wetlands play a vital role in New Zealand’s environment, serving as natural infrastructure for flood control, carbon storage, and protecting against coastal inundation. Wetlands are also biodiversity hotspots, hosting a number of specifically suited species. Sadly, in New Zealand, a staggering 90% of its original wetlands have been lost due to drainage and conversion for agricultural purposes.
To effectively protect our environment, we must hold governing bodies accountable for their effective enforcement of relevant protections. Addressing failures to apply existing laws will help to secure the long-term survival and sustainability of wetlands in Aotearoa.
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ELI files for judicial review - April 2023
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The Root Causes of Wetland Loss in New Zealand: an Analysis of Public Policies & Processes - the National Wetland Trust, 2020
Loss of wetlands since 1990 in Southland, New Zealand - Robertson et al. New Zealand Journal of Ecology, vo. 42, no.1, 2019
Environment Southland Wetland Inventory Project: Monitoring wetland extent on non-public conservation land in the Southland region - Interim report for 2016, Richard Ewans
Aerial images show wetlands on private land disappearing - Scoop 2019
Southland wetlands being lost at rate of 157 ha per year - RNZ 2018
New Zealand has lost thousands of hectares of wetlands in past decades, studies show - The Guardian 2021
Waituna Wetlands, Southland. Images credit: Shellie Evans, Flickr.
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