This Government bill amends the Wildlife Act 1953 to give the Department of Conservation explicit authority to regulate the incidental killing of wildlife that occurs while otherwise lawful activities are carried out. It was passed under all-stages urgency following a High Court ruling that found a section 53 authority did not meet the Act's purpose.
Parliament advanced this bill under urgency (committee of whole house, first reading, second reading, third reading) — moving it through faster than usual, with less time than normal for public submissions.
These are claims MPs made in Parliament’s debate — not verified facts.
This Government bill amends the Wildlife Act 1953 to give the Department of Conservation explicit authority to authorise the incidental killing or harming of absolutely protected wildlife that occurs while otherwise lawful activities, such as building roads, houses, wind farms and solar farms, are carried out. Such harm can be authorised in advance and made subject to conditions. The mechanism is a targeted fix to the way the Act empowers officials to permit unintended harm to protected species during development and infrastructure work. It mainly affects developers, transport and infrastructure agencies, the Department of Conservation, and protected species.
The bill responds to a High Court ruling which found that the relevant Wildlife Act authorisation power could lawfully permit harm only where it was part of protecting a species (for example, culling a diseased animal), and not the incidental harm caused by development, casting doubt on many existing approvals. Supporters argue it restores certainty for essential infrastructure and economic projects. Critics, including environmental lawyers, argue the law had simply been misapplied and that changing it weakens protection for threatened wildlife.
See the Parliament.nz ↗ site for the full bill.