Habitat Tuateawa proposed annual poisoning of Our forest park

Ryan made this Official Information request to Department of Conservation

Response to this request is delayed. By law, Department of Conservation should normally have responded promptly and by (details and exceptions)

From: Ryan

Penny Nelson as Director General of DoC and Hon Poto Williams,

I again write on a matter of urgency regarding the ongoing proposals to deploy poison upon our lands.

Habitat Tuateawa Inc. has on 8-August-2022 notified of its intention to poison our forest again this year in what is an annual spreading of pre-feed then a distribution of a vast array of chemical toxins by the kg. This forest valley runs directly into our properties through the many streams and despite our concerns and objections, the group continues to cover the hillside in poison every single year.

Please respond to the following questions in relation to who is responsible for administering consent for these annual operations.

1. Please provide evidence and proof that the principal officers of Habitat Tuateawa Incorporated have obtained consent from the land owners within their 'HTPCA' as defined on their site maps, https://tuateawa.com/2022/08/ to administer poison and please provide names of the individuals that have ultimately made the application to poison and signed any consent agreements or similar with the Department of Conservation or any of its third party affiliates or contractors for the proposed plan to poison Tuateawa September 2022, ensuring that all relevant disclosures have made by all members involved with the poisoning and supply of including the Habitat Tuateawa group members who are deemed agents as defined by section 16 of the Secret Commissions Act by taking public funding and grants from the government.

2. Please provide contract, agreement or similar showing the parties involved with the consent application and any approvals given to poison Tuateawa in 2022 along with evidence showing that all individuals named on the consent have the authority to administer natural land of substance and deploy Cholecalciferol and Diphacinone upon land where We the Living Men and Women are present in our natural state and stand in lawful protection of that land as a claim of right including but not limited to exercising our inalienable rights & moral obligation to protect Our living land providing resource and sustenance for We the living men and woman on behalf of our families from poison and toxic trespass.

3. Should the minister impose an immediate halt to this poisoning of forest land that has direct run-off into private property given this notice confirms that I consider the actions by Department of Conservation and it's third party affiliates to be a criminal nuisance under section 200 of the Crimes Act 1961 and would the minister confirm that no government funded agency or third party contractor or incorporation can legally administer poison upon land without written informed consent of the surrounding land owners who stand present in protection against the poisoning of our land?

Notice of Cease and Desist;
All proposed poison activity by Habitat Tuateawa must immediately cease without proof of consent being obtained and proven by Department of Conservation, obtained with full disclosure to those who are adjacent and would be affected by the proposed toxic trespass and I reiterate that Habitat Tuateawa must-not lay poison on land using assumed consent.

I seek proof under question 1 as previous responses stating that the consultation has been left up to Habitat Tuateawa members and deemed adequate, is not a sufficient answer by the department and similar response would prompt complaint to the ombudsman as provided within this Act. I confirm there has been no consultation nor answers to any of the questions put to the group one year ago when the entire area was poisoned with Double Tap despite our objections.

I seek urgent response to this request in light of the other planned aerial 1080 poison drop of the Moehau in Coromandel DoC has scheduled for this week while so many outstanding questions remain.

Regards,

Ryan

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Department of Conservation

Kia ora Ryan

Thank you for your official information request to the Department of
Conservation.
Your reference number is OIAD-2260.

We will endeavour to respond to your request as soon as possible and no
later than 05/09/2022, being 20 working days after the day your request
was received. If we are unable to respond to your request by then, we will
notify you of an extension of that timeframe.

If you have any queries email us at [1][email address]. 

Ngā mihi

Government Services
Department of Conservation
Te Papa Atawhai

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From: Ryan

Penny Nelson as Director General or Minister for the Department of conservation Poto Williams,
Please confirm receipt of this request as required under the OIA & I reiterate that We Do-Not consent to any continuance of the Habitat Tuateawa proposed 2022 poison operation whilst we await response within the statutory provided under this Act.

Regards,

Ryan

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From: Ryan

Hon Poto Williams,

Further to this request - I confirm the Habitat Tuateawa chair person Sue Saunders is aware of objections to their proposed operation having received notices to cease and desist in 2021 and being issued trespass notices to stop accessing private property without consent along with a series of questions which reman unanswered.

Habitat Tuateawa incorporation refuses to engage, consult or discuss any options.

Sue Saunders as chair has now made a further statement that their plans to poison 3-September-2022 will go ahead irrespective of any objections.

Accordingly - I confirm on behalf of We who have not consented to the toxic trespass across Whanake, that I have served notice to Habitat Tuateawa incorporation officers Suzanne Saunders, Nicky Baumgaertner and Dale Whitcombe in that they and their third party affiliates, contractors and or volunteers must immediately Cease and Desist the poison operation while we await evidence that lawful consultation has taken place and that the documentation used to obtain the funding and consent are not simply being engineered behind closed doors by Habitat Tuateawa members and associates with the express purpose of securing funding whilst refusing to address and ignoring the very presence of our opposition and the organic trappers spending Our time to trap rats possums and stoats at Our expense with zero acknowledgment by those who are claiming credit and seek annual funding to continue poisoning Our forest.

Questions have already been put to Habitat Tuateawa Chair - Sue Saunders regarding the reports commissioned for her group by her husband Alan Saunders who's employer, Waikato Regional Council, happen to be the main funding body granting thousands in public money annually to his wife's pet project Habitat Tuateawa - a very convenient arrangement for them both I am sure.
Are they not acting as agents by association in utilising public funding as described in section 16 of the Secret Commissions Act 1910 and have the appropriate disclosures been made?

I await this information as part of the request herein.

I confirm that the Tuateawa.com website is censored in that no dissenting comments are published by the moderators which give the appearance of no objection.

I confirm the group communicates by private Facebook groups and private meetings only and that non paying members are not able to attend AGM's.

I confirm that we do not receive any communications or information from Habitat Tuateawa incorporated as promised in their strategic plans used to gain funding and I also confirm no consultation is made with non-members except an email once each year to tell us they will be poisoning & thank us for our cooperation - this is not consultation and Habitat Tuateawa do not welcome, represent or speak for Us and We-Do-Not-Consent.

23 years of consistent poisoning running off through the forest streams straight into our properties and gardens, killing everything that ingests including via secondary poisoning during decomposition and the strategic plans they operate from, which map and include our private properties without our consent, insist poison is the only way because they lack volunteer support to trap - the reality is they lack support because they won't stop the poison and we who have been trapping for years do so with no funding or voice in the community because Habitat Tuateawa acts as the mouth piece claiming all the benefits are due to their toxic deployments so they must keep up with the poisoning.

We have a pig problem and the hunters stay away because of the poison which kills their dogs. We have already had injury and excessive vet bills caused by this groups use of poison - those who deploy must be prepared to be held liable for damages.

I again request the Minister issue an immediate Abatement Notice to Habitat Tuateawa - No More Poison and halt consent being used for this toxic trespass of public land using public money when We are directly affected - poison is incompatible with life and We will not tolerate or accept funding of it anymore.

Ryan

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Ryan left an annotation ()

Copy of ‘Consultation’ as notified;

Habitat Tuateawa Inc.
You are receiving this letter as part of our obligations stipulated by DOC to bait the Forest Park.
To whom it may concern,
Habitat Tuateawa would like to notify you that we will be baiting the Kennedy Bay Block (part of the Coromandel Forest Park) starting on
3rd of September 2022.
We will NOT be baiting the Subdivision (known as Tuateawa) this year.
Our operation will take place in the Coromandel Forest Park (DOC owned land).
We will be using Cholicalciferol on two lines (‘WHA' and ‘PA') and Diphacinone on the remaining lines.
All baits will be removed by the end of November at the latest.
Signs will clearly indicate our operation and will be erected at the start of all tracks.
Please direct any questions or comments to
Tuateawa.community@gmail.co.nz
Thank you for your attention,
Kind regards Nicola Baumgaertner
(Pest Control Coordinator of Habitat Tuateawa Inc.)

This is NOT consultation.

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From: Ryan

Penny Nelson & Hon Poto Williams,

I note your absolute lack of recognition or response to the ongoing voices of opposition & concern in any capacity with regard to the ongoing poisoning of mana whenua as we the natural men & women remain standing with peaceful presence upon the land.

Notwithstanding the obligations and stipulations upon you both under this Act I continue to reserve my right to lay complaint with the office of the ombudsman given your lack of response while stating the information is still very much requested and required and that failure to supply evidence of lawful right proving an incorporation can administer natural land of substance without consent of affected men and women in their natural state as well as failure to disclosure the pertinent and requested information may be considered as tacit acceptance of admission the issues presented remain un-rebutted.

Ryan

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From: Government Services
Department of Conservation


Attachment OIAD 2260 Ryan DOC 7126938 3.pdf
106K Download View as HTML

Attachment OIAD 2260 Ryan Document 1 for release Doc Permissions Habitat Tuateawa 2022 DOC 7110274.pdf
1.5M Download View as HTML

Attachment OIAD 2260 Ryan Document 2 for release WTZC GRP CA Habitat Tuateawa DOC 6060754 Part1.pdf
12.0M Download View as HTML


Kia ora

 

Thank you for your request received on 08/08/2022 to the Department of
Conservation.

 

Please find attached our response to your Official Information Act request
including associated attachments

 

We apologise for the delay in getting this to you. The response was
dispatched on Monday, however was delayed due to one of the documents
being too large to send.

 

Please note that due to file size restrictions this response is sent to
you via two emails.

 

If you have any queries email us at [1][email address]. 

 

Ngā mihi

 

Government Services

Department of Conservation

Te Papa Atawhai

 

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From: Government Services
Department of Conservation


Attachment OIAD 2260 Ryan Document 2 for release WTZC GRP CA Habitat Tuateawa DOC 6060754 Part2.pdf
7.9M Download View as HTML


Kia ora

 

Please find attached the final document in respect of your OIA request.

 

Ngaa mihi

Government Services

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From: Ryan

Penny Nelson as Chief Executive and Director General of Department of Conservation and as reference to Hon Poto Williams as part of this ongoing request, I now require additional documentation be provided under the Act in relation to the bundle of documents released with further requests herein as they pertain to the original request OIAD-2260:

As received: Permission ID - DOC-7110274 HABITAT TUATEAWA POSSUM AND RAT CONTROL OPERATION - SUBSTANCE APPROVAL NUMBERS: HSR0011598-HSR001596 in regard to application DOC-7108959 provided and signed by Nick Kelly Operations Manager Whitianga;

I request the following information:

1 - A copy of Habitat Tuateawa Inc. application DOC-7108959 and assessment report DOC7110276

2 - Please provide a complete list of each and every known indigenous species which are referred to as acceptable to be killed as part of the HABITAT TUATEAWA INC. September-22 operation - please name simply the species that may be killed and what number or % of known population deaths of each species are authorised to be killed for the greater protection of indigenous species, furthermore, please also simply state the named species which are said to benefit and the evidential documentation held proving the positive effects of poison upon the species, as per statement received in permission id DOC-7110274; “Notwithstanding that the permission holder must comply with these requirements, it is acknowledged that indigenous animals may be killed so this permission authorises such deaths for the greater protection of indigenous species. Nick Kelly - DEPARTMENT OF CONSERVATION Whitianga Operations Manager”.

3 - Please supply evidence of any and all auditing of immediate, secondary and unintentional and intentional poisoning data collected thru compulsory carcass monitoring by HABITAT TUATEAWA INC. for years 2015, 2016, 2017, 2018, 2019, 2020 and 2021 as is required since at least 2020 and as stipulated under the 2022 consent along with information as it becomes available for the current operation.
'Permission ID - DOC-7110274 DOC Performance Standards #137; Diphacinone Caution Period - The estimated caution period for this operation is 5 months after bait removal and is subject to compulsory carcass monitoring. The estimated caution period cannot be reduced to less than 2 months and must be extended if the endpoints of the monitoring have not been met at the end of the period.'

4 - Please supply evidence required to be held by Habitat Tuateawa Inc as a condition of their consent, that pigs were not present in the poison area and that stations used to house Diphacinone baits in the forest park have been placed where possums and pigs have been excluded and that bait stations have not in fact been placed in trees with easy access for depositing and removing poison and that pigs may also be able to access and destroy the stations and also supply evidence that the baits are not able to be removed and spread from the bait stations by ship rats, such baits being specifically designed with a central hole so they can be affixed to a solid object to avoid removal and storing the baits by rats, such baits have further been specifically coated with a preservative so they do not break down as readily when out of the stations, as required, within the Permission Document for pesticide use #137 Diphacinone D-Block Extreme;
Performance Standard Compulsory for all operations
(1) Only use at sites where either possums are at very low abundance or being controlled simultaneously; or excluded from bait stations.
(6) Do not use where pigs are present/reduce pig numbers prior to operation; or
(7) Place bait out of reach of pigs to prevent primary poisoning and reduce possum numbers or exclude possums from bait stations) to help reduce the risk of secondary poisoning of pigs.
(8) Bait station design must prevent access to baits by inquisitive birds ( e.g. kea, weka and kaka).

5 - Please supply the total number of land tenures within the 178ha (approx) for which the organisation holds written consent and permission to poison as per the 2020 and 2021 operations which included land other than PCL and how many of the total tenures are incorporation members and or paid participants of Habitat Tuateawa INC. and what remaining portion of the 178ha. (approx) does the incorporation hold independent consent from to enable lawfully access and poison to be laid upon private land as per Schedule 1 of the Community Agreement page 4 SCOPE OF THE AGREEMENT where stated: 'It is important to note this management agreement only authorises the work undertaken on PCL and does not give the organisation authorisation to operation on other land tenures. This should be obtained independently. The information of these other tenures is included in this agreement only for the purposes of understanding the entire operation that the organisation undertakes.'

6 - Please supply referenced documents in section E of Schedule 1 as they relate to private and public land activities;
6.1 WTZC-GRP-CAT Habitat Tuateawa Pest Control - DOC-606067
6.2 WTZC-GRPHS Habitat Tuateawa Safety Manual v2 DOC3245297

7 - Please supply all documentation and evidence of consultation and consent given by local Whanau and Hapu required to be undertaken to ascertain acceptance and consent for the 2020, 2021 and 2022 operations to use toxic baits within the Tuateawa area.

8 - Please provide all such reporting documentation held as requirement of the community agreement Schedule 1 Section J: 'J.3(a); In each year during the term of the Agreement, the Organisation will keep a record of the number of volunteers and workday equivalents (8 hours including travel) involved in undertaking the Activity and will share the data collected with the DOC.
J.3(b) The Organisation will also provide the following information requested by DoC:
- GPS locations of traps
- Trap Catch Data
- Data collected regarding pest plant infestation or eradication
- Operation Plans for baiting programme
- Contributions by volunteers (workday equivalents)
- Group Strategic Plan'

9 - Please supply a full and detailed account of any and all instances of poisoning or harm to people their property and or their livestock and or pets since incorporation date as outlined in Schedule 2, 6.9, to include but not limited to the poisoning of ‘Jed’, as well as record of any and all notices of objections, of complaint, of No trespass notices issued and or cease and desist notices given to any incorporation members in the scope of their work and affiliation with Habitat Tuateawa Inc. and include such actions as taken to record and remedy any and all such issues.

I affirm that Diphacinone has been recorded as present in stations in areas where wild pigs are present upon PCL
I affirm that I have witnessed Diphacinone out of the stations upon the tracks were wild pigs are present within PCL.
I affirm that Habitat Tuateawa were both aware and have been informed of the presence of wild pigs.
I affirm that Habitat Tuateawa Chair Person Sue Saunders has verbally confirmed to me that they were well aware of the presence of pigs but that the Chairperson was not of the impression that they were not able to use Dipacinone where pigs were present - I confirm the presence of this stipulation within the compulsory conditions as part of the consent and I affirm this to be a breach and point out Schedule 2 of the Community Agreement Clause 9.2 & 9.3 and remind the director general that under 5.2 - A breach by the group/organisation of any provision of this schedule is deemed to be a breach of this agreement.

I await the documents and responses within the additional statutory period provided for within this Act.

Ryan

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Ryan left an annotation ()

Immediate-Abatement-Notice-Required-To-Rectify-And-Remedy: Every day taken to respond or act is another day in breach of the community agreement that DoC has with Habitat Tuateawa Inc. and the breach is a direct threat to lives & livelihoods of all present the longer the wild pigs are exposed, as they presently are, to diphacinone thereby providing the wild pigs either lethal or sub-lethal doses of diphacinone that accumulates, is not necessarily apparent to hunters and the toxins cannot be removed by cooking - notices of liability have been issued to the incorporation, executive as well as the minister for this very reason and to advise of the issue and opposition to the operation - it is impossible to contain or control the toxic trespass of poisonous animals and secondary poisoning posing an immediate risk to all living and livestock in breach of the Conservation Act 1987 Section 19.1 - With all due respect - a breach notified and not remedied becomes a criminal act of negligence under section 200 of the Crimes Act 1961 as previously cited - please respond urgently - Ryan

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Department of Conservation

Kia ora Ryan

Thank you for your official information request to the Department of
Conservation.
Your reference number is OIAD-2374.

We will endeavour to respond to your request as soon as possible and no
later than 10/10/2022, being 20 working days after the day your request
was received. If we are unable to respond to your request by then, we will
notify you of an extension of that timeframe.

If you have any queries email us at [1][email address]. 

Ngā mihi

Government Services
Department of Conservation
Te Papa Atawhai

Privacy: Your details have been recorded in DOC's workflow system and will
be used to provide you with a response to, and communicate with you about,
your request. Records are retained, used and disposed of in accordance
with the Privacy Act 1993 and the Public Records Act 2005. See our
[2]privacy statements for more information about how DOC manages personal
information.

Caution - This message and accompanying data may contain information that
is confidential or subject to legal privilege. If you are not the intended
recipient you are notified that any use, dissemination, distribution or
copying of this message or data is prohibited. If you received this email
in error, please notify us immediately and erase all copies of the message
and attachments. We apologise for the inconvenience. Thank you.

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Ryan left an annotation ()

The National Poison advisory has been notified that Diphacinone has been laid by HABITAT TUATEAWA INC. in breach of their consent due to the inability to exclude wild pigs from the poison & that the baits continue to remain onsite presenting an ongoing risk of poisoning to all living present.
15th-September-2022
National Conservation Week Activities.

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Ryan left an annotation ()

Bay of Plenty and Lakes Public Health on
Freephone 0800 221 555 were notified of the risk to public health through the risk of consumption of wild pork exposed to Diphacinone poison which remains present - 15th-September-2022

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