A stringent failure: Regulators do not use available tools to protect aquatic ecosystems from clearcut forestry impacts in New Zealand

Abstract

Effective regulation of land-use activities in steepland areas is crucial to protect downstream ecologies and human life as intense rainfall disturbances become more frequent globally. In Aotearoa New Zealand extensive synchronous clear-cutting of Pinus radiata monocultures on steep convergent landforms, and associated earthworks, causes ongoing accelerated erosion, excessive sedimentation, and debris-laden landslides after adverse weather events. This study examines the implementation of national forestry regulations established in 2018, which also enable regional councils to create more stringent rules to protect aquatic ecosystems. All sixteen councils were surveyed in 2021 and 2022 for stringency in planning provisions; and four regions seriously affected by Cyclone Gabrielle in 2023 were resurveyed in 2024. The cyclone caused loss of human life and calamitous damage to housing, infrastructure, and productive land uses from floods exacerbated by clearcut logging debris. All councils had administratively adopted the national regulations into their existing freshwater and coastal resource management plans. Twelve councils retained existing rules that conflicted with the regulations, but these rules do not protect all regionally significant aquatic ecosystems nor minimise landslide risks. No council, except Gisborne, had instigated the expensive and lengthy statutory resource management plan change process, nor taken a ‘strategic and principled’ approach to develop more stringent regulations, such as tougher restrictions on clear-cutting, earthworks, and replanting on steep erosion-prone convergent landforms to protect aquatic ecosystems and vulnerable communities. The government did tighten the management of logging debris after the cyclone, but the national regulations remain ineffective in addressing clear-cut practices maladaptive to intense rainfall and continue to permit replanting on convergent landforms. The regulations need urgent amendment to require councils to develop and implement a strategic and principled approach to stringency to better protect aquatic ecosystems, human life, economic livelihoods, and public infrastructure. Water quality monitoring is also currently inadequate, as no council systematically monitors the effects of forestry activities on sedimentation rates, which inhibits the ability to compare across and between regions. Foresters are not required to monitor water quality, which also stymies assessments of compliance and policy effectiveness. Councils regularly monitor rivers, lakes, and estuaries, but rarely the effects of individual land uses. This means that sediment or other contaminants cannot be parsed to different land use activities, undermining attempts to set catchment limits. It can also take decades at current monitoring levels to defensibly show any water quality improvements after changes to land use regulations. The current environmental limits approach of setting individual water quality attribute targets is highly unlikely to drive changes to maladaptive and ecologically degrading land uses. A new environmental management approach is needed that prohibits or effectively constrains hazardous and adverse activities.