Working out which
consents you need
A supporting resource for Step 2 of the Planning phase in the Animal Pests Framework The flow charts in this resource assist you to identify which consents are needed for an animal pest operation.
1. Landowner or occupier consent
Landowner and/or occupier consent is a legal requirement for:
• Operations targeting pests defined as a wild animal in the Wild Animal Control Act 1977
• Other operations under common law and the Trespass Act 1980 Does the operation include land not
managed by DOC? For example: Do you need to get access across land not managed by DOC?
Do you need to have helicopter landings or loading points on land not managed by DOC?
Do you need to apply VTAs on land not managed by DOC?
If there are land occupiers (persons in lawful occupation of the land), their consent is required.
No
Is there potential for physical damage to the land?
For example, risk of spill at helicopter landing points
Yes
Under the Trespass Act 1980 and under the Wild Animal Control Act 1977 (where the target pest is a wild animal), EITHER occupier OR landowner consent is required,
Obtain consent from the occupier if there is one. Where there is no separate occupier, obtain consent from the landowner.
No
In accordance with the tort of trespass BOTH occupier AND
landowner consents are required.
Yes
Landowners may also include District or City Councils if the operation covers land they control.
You can use cadastral maps, certificates of title and Terraview Platinum software to help identify landowners. Geospatial specialists may be able to assist.
2. Resource consent
If yes, resource consent is required.
If no, obtain this advice in writing and put it on file. Alternatively, seek a certificate of compliance from the consent authority and put it on file.
You will get a better idea of costs and timeframes if you also ask:
• What class of activity is it?
• Is the application likely to be notified, limited notification or no notice required?
• Is a hearing likely to be required?
• What costs are likely to be incurred?
Ensure you discuss the full operation, not just laying the bait. Disposal of storage activities may also require resource consent.
Is resource consent required for the operation, based on advice from the planning staff at the consent authority and from DOC planning and legal staff?
3. Public health permission
Public health permission is a legal requirement of the Hazardous Substances and New Organisms Act 1996 for the use of specified vertebrate toxic agents almost everywhere.
Does the proposed operation include any pesticides?
Does the proposed operation include any of the following vertebrate pesticides:
• Sodium fluoroacetate (1080)
• Cyanide
• Micro-encapsulated zinc phosphide
• Phosphorus
• 3-chloro-p-toluidine hydrochloride (DRC 1339)
Yes
Does the operation include land other than islands where public access is by permit only?
Yes
Permission is required from a warranted HSNO enforcement officer acting under powers delegated from the
Environmental Protection Authority (EPA), usually:
• Medical Officer of Health
• Health Protection Officer
• Yes Public health permission is not required. No No No
4. Department of Conservation
permission
DOC permission is a legal requirement of the:
• Hazardous Substances and New Organisms Act 1996 for all vertebrate toxic agents
• Conservation Act 1987 for the control of fish
• Wild Animal Control Act 1977 for the control of wild animal pests on lands administered by DOC
• Wildlife Act 1953 for the control of other animal pests on lands administered by DOC
• Reserves Act 1977 for reserves
It is a national standard for DOC operations on private land Are vertebrate toxic agents or other
pesticides proposed as control methods?
DOC permission is required.
Yes
Management approval is needed in lieu of DOC permission.
Is the operation included in a prescription?
No
Obtain written approval from the DOC manager for the pest operation.
No
No further action required.
5. Environmental Protection Authority
permission
Environmental Protection Authority permission is a legal requirement of the Hazardous Substances and New Organisms Act 1996 for the use of sodium nitrite when targeting feral pigs on land not managed or administered by DOC.
Does the proposed operation include sodium nitrite (Pesticide Use #132) to target feral pigs?
Environmental Protection Authority permission is not required.
Does the proposed operation include any land not managed or administered by DOC?
Yes
Environmental Protection Authority permission is required.
Yes
No
This permission is granted by the Environmental Protection Authority. For the application form, see
http://www.epa.govt.nz/hazardous-substances/using-storing/at-work/Pages/Permissions.aspx.
