WIN: High Court finds Environment Southland failed to act against huge wetland losses

The High Court has ruled that Environment Southland has failed to monitor and take action to protect wetlands, in a landmark win for the Environmental Law Initiative.  

ELI’s Senior Researcher, Anna Sintenie, says the ruling makes it very clear that Councils need to have in place the resources to monitor and take action to protect wetlands. 

“We’ve lost and continue to lose massive amounts of wetlands in NZ – much of this is due to conversion to pasture at a steady rate over the last twenty years.  

“We investigated Environment Southland because half of the wetland loss has been occurring in Southland. 

“We were shocked at the lack of action. Wetlands are legally protected under the RMA, and by Environment Southland’s own plan but this was not leading to protection on the ground.”

Less than 10% of original wetlands in Aotearoa remain. Wetlands provide flood protection, habitat for important biodiversity, and store large amounts of carbon.  

Between 1996 and 2018, half of the total loss of wetlands in Aotearoa occurred in Southland, with 2709 hectares lost. Most were from lowlands near or adjacent to the internationally significant Awarua-Waituna wetland. 

“Wetland losses to pasture are continuing at a huge scale in proportion to the small amount left. We must do everything we can to hold onto our remaining wetlands. 

Wetland experts in the case pointed to a lack of monitoring and enforcement by councils in many parts of the country as “the weak link in the regulatory chain of wetland protection”.  

Sintenie says the declarations issued by the judge serve as a strong legal precedent, reinforcing the requirement for councils to take effective steps to protect wetlands. 

“Many councils have undertaken a range of activities regarding wetlands, from education to introducing new wetland rules. But what this decision shows is that by requisite, they must be able to demonstrate they are effectively monitoring wetlands, and taking action, when necessary,” says Ms Sintenie. 

“This ruling is a major victory for environmental accountability,” says Ms Sintenie. 

“Councils across the country must take heed of this decision and ensure they are actively monitoring, reporting on the effectiveness of their plans, and taking appropriate action as required by law.  

“Wetland degradation is a serious and ongoing issue, and councils cannot turn a blind eye to their responsibilities under the law.” 

Justice Harland said “I have found the Council failed to exercise its discretion in a way that promoted the RMA’s purpose and objectives, and derogated from its statutory duties..”