OIAD 100 OIAD 101 and OIAD 102
DOC 6411017
30 October 2020
Wendy Pond
[FYI request #13567 email]
Dear Ms Pond
This letter responds to three Official Information Act requests you made to the Department
of Conservation on 22 August 2020.
Operation Plans for the 2012 and 2017 Moehau and Papakai aerial operations
Your first and second request sought the Operation Plans for the 2012 and 2017 Moehau and
Papakai aerial 1080 operations
(OIAD 100 and OIAD 101).
I have decided to release the four operation plans subject to information being withheld
under:
• section 9 (2)(g) (ii) to prevent any improper pressure or harassment of officials or
employees; and
• section 6(d) where making that information would be likely to endanger the safety of
any person.
In making my decision, I have taken into account the public interest considerations in section
9(1) of the Official Information Act.
Information concerning Whenuakite consultation
On the same day you also requested the following information concerning the 2019
Whenuakite aerial 1080 operation:
1. The application from DoC lists some iwi as being consulted. Please clarify: Which Maori
groups gave their consent and approval for the aerial 1080 operation to poison the
Whenuakite Public Conservation forest in 2019?
2. Please provide all documentation confirming the consent of these groups to the aerial
1080 operation to poison the Whenuakite forest in 2019. Please do not redact the name of
the person who signed a statement of consent, as I wish to confirm that the approval
came from an acknowledged kaumatua or kuia.
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3. Which Maori group did DoC recognise as the tangata whenua of the Whenuakite Public
Conservation land for the purpose of the 2019 poisoning operation?
4. Which tangata whenua were included in the planning and design phase of the operation
prior to DoC lodging the operation plan? Please provide evidence of their participation.
Consultation process
To a large extent the questions you have posed misconstrue the consultation process in terms
of the way it is undertaken and recorded.
Section 4 of Conservation Act 1987 requires the Department to give effect to the principles of
the Treaty of Waitangi. To achieve that, consultation is undertaken to seek tangata whenua
views on the effects of the preferred control method and the proposed treatment boundary.
This also involved engaging with iwi whose areas of interest include Whenuakite as part of
their treaty settlements. DOC does not determine who are the tangata whenua, iwi determine
this as part of the process.
It follows that consultation is directed at understanding what concerns iwi have about the
operation and to discuss how modifications to the operational plan might satisfy any such
concerns. It not a process of obtaining written consent in the way you describe, but rather a
process of engaging, informing and listening, to understand any concerns with a view to
working with iwi to develop and implement appropriate and workable mitigations.
Tangata whenua/iwi consulted
Ngāti Hei, Ngāti Whanaunga, Ngāti Tamatera, Ngāti Maru and Ngāti Hako were all notified
and consulted initially regarding the operation and benefits.
The Operation Lead and Hauraki settlement implementation ranger met with Ngāti Hei on
their marae in Whitianga. Discussions covered details of the operation, opportunities for iwi,
post site visits and building closer working relationships.
Hauraki iwi were invited to engage on the Whenuakite Aerial 1080 Operation 2019. Both the
Operation Lead and Hauraki settlement ranger for the Department met with iwi
representatives prior to the operation and discussed several aspects of the planned operation.
Written consent/evidence
The evidence of the consultation undertaken is captured in the Operations and
Communications Plans to which you have referred.
The Communications plan is the key document in capturing the detail of the nature and
breadth of the relevant consultation. We understand you to have obtained a copy of that
document from the District Health Board. To the extent you seek evidence of written consent
this aspect of our request is refused under section 18(e) as it does not exist.
We consider that the public interest in the information you seek is satisfied by the release of
the redacted Communication Plan you have been provided. In saying that we note that when
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dealing with such information personal details are withheld where release would interfere
with an individual’s privacy (section 9(2)(a) or where release would endanger the safety of a
person section 6(d). In the absence of you having authority to act for the individuals referred
to in the plan we are unable to release their personal information to you and this aspect of
your request is also refused.
You are entitled to seek an investigation and review of my decision by writing to an
Ombudsman as provided by section 28(3) of the Official Information Act.
Yours sincerely,
Hilary Aikman
Director Operations Issues and Programmes
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