Lessons for steepland forestry harvesting in New Zealand from recent Resource Management Act prosecutions

Abstract

Plantation forest harvesting has led to sediment and logging slash impacting downstream communities and environments. In this paper we analyse five Resource Management Act (RMA) 1991 convictions of forestry companies arising from the June 2018 storm events in Tairāwhiti | Gisborne. All the New Zealand District Court decisions analysed were based on crossexaminable evidence and consistent with each other. They clearly show what is required if companies are to avoid legal action under the RMA in future.

In particular, the decisions state that harvesting on erosion-susceptible land requires absolute compliance with consent conditions. Yet, even with absolute compliance, there is a large risk remaining of slash and sediment discharges. We believe this risk is most effectively managed by reducing clearfell coupe sizes on erosion-susceptible land and retiring this land where the risk of non-compliance is high.