Regulations and legislation for aerial spraying of nesting birds
Levonne Scott made this Official Information request to Auckland Council
Response to this request is long overdue. By law Auckland Council should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: Levonne Scott
Dear Auckland Council,
I would like to know all of the regulations and legislation for aerial spraying agrochemicals and nationally critically endangered species when nesting, breeding, and fledging ?
I would like to know the regulations and legislation for spraying agrochemcials over a highly protected wetland with overlays in a. significant ecological area, an outstanding natural landscape area , a biodiversity focus area, all in a coastal zoning , in the waitakere heritage area. Where the area is habitat to many nationally critically endangered species , flora and fauna. And many at risk declining species. ?
I would like to know if this type of activity where the spray drift can cause more than minor damage to non target species is a permitted activity , a non discretionary activity or would require a resource consent. ?
All of the documentation state that the nesting season for the birds in te henga wetlands is not over until the end of february ? So why would you allow spraying of nesting birds when it is an offence against the wildlife act, nes-f and nzs8409 , the AUP agrochemicals e34
And policy 11 for threatened species under the nzcps policy and regulations
We would also like to know if non target damage has been observed and breeches in spraying nesting birds, as well as incorrect permits without the correct legislation , what are the protocols and how is this assessessed and remedied
Yours faithfully,
Levonne Scott
From: Official Information
Auckland Council
Kia ora Levonne
Thank you for your request for information
We have attached an information sheet on our processes and requirements
under the Local Government Official Information and Meetings Act 1987.
We will respond to your request as soon as possible and in any event no
later than 20 working days after the day your request was received. This
will be by 17.03.2026
If you have further questions please feel free to contact Jenny Hua via
reply email to [1][Auckland Council request email] quoting
reference above
Ngā mihi,
The Privacy and LGOIMA team
Auckland Council
From: Levonne Scott <[FOI #33751 email]>
Sent: Tuesday, 17 February 2026 6:35 pm
To: Official Information <[email address]>
Subject: Official Information request - Regulations and legislation for
aerial spraying of nesting birds
Dear Auckland Council,
I would like to know all of the regulations and legislation for aerial
spraying agrochemicals and nationally critically endangered species when
nesting, breeding, and fledging ?
I would like to know the regulations and legislation for spraying
agrochemcials over a highly protected wetland with overlays in a.
significant ecological area, an outstanding natural landscape area , a
biodiversity focus area, all in a coastal zoning , in the waitakere
heritage area. Where the area is habitat to many nationally critically
endangered species , flora and fauna. And many at risk declining species.
?
I would like to know if this type of activity where the spray drift can
cause more than minor damage to non target species is a permitted activity
, a non discretionary activity or would require a resource consent. ?
All of the documentation state that the nesting season for the birds in te
henga wetlands is not over until the end of february ? So why would you
allow spraying of nesting birds when it is an offence against the wildlife
act, nes-f and nzs8409 , the AUP agrochemicals e34
And policy 11 for threatened species under the nzcps policy and
regulations
We would also like to know if non target damage has been observed and
breeches in spraying nesting birds, as well as incorrect permits without
the correct legislation , what are the protocols and how is this
assessessed and remedied
Yours faithfully,
Levonne Scott
-------------------------------------------------------------------
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From: Jenny Hua
Auckland Council
Kia ora Levonne,
I refer to your request for information relating to Regulations and
legislation for aerial spraying of nesting birds.
I can advise that in accordance with section 12 of the Local Government
Official Information and Meetings Act 1987 (LGOIMA) we have transferred
your request to the Department of Conservation (DOC) for a separate
response, in addition to ours.
If you would like to contact the DOC directly, their contact details are:
[1][email address]
Further to our acknowledgement on 19 February 2026, we require more time
to respond to your request.
I’m sorry that we will not be able to provide you the information today.
We are currently still consulting and processing information for your
request. Therefore, Auckland Council is extending the time limit for
responding to your request under section 14 of the Local Government
Official Information and Meetings Act 1987 (LGOIMA). We will reply to your
request by 14 April 2026. Please note this is a maximum response time and
we will endeavour to respond sooner.
The reason for this extension is:
- Consultations necessary to make a decision on the
request are ongoing and a proper response to the request cannot reasonably
be made within the original time limit.
Please note you have the right to request a review of this extension from
the Ombudsman.
If you have any questions please let me know.
Ngâ mihi | Kind Regards
Jenny Hua
Te Hoa Kaipakihi Matua Pârongo Tûmataiti, Ôkawa anô hoki | Senior Business
Partner, Privacy & Official Information
Te Wheako â-Kirihoko me ngâ Ratonga Matihiko | Customer Experience &
Digital Services
Te Kaunihera o Tâmaki Makaurau | Auckland Council
[2]aucklandcouncil.govt.nz
From: Edithmaria Faolotoi On Behalf Of Official Information
Sent: Thursday, 19 February 2026 12:20 pm
To: Levonne Scott <[FOI #33751 email]>
Subject: Official Information: 8140018570, Regulations: Aerial Spraying
Kia ora Levonne
Thank you for your request for information
We have attached an information sheet on our processes and requirements
under the Local Government Official Information and Meetings Act 1987.
We will respond to your request as soon as possible and in any event no
later than 20 working days after the day your request was received. This
will be by 17.03.2026
If you have further questions please feel free to contact Jenny Hua via
reply email to [3][Auckland Council request email] quoting
reference above
Ngâ mihi,
The Privacy and LGOIMA team
Auckland Council
From: Levonne Scott <[4][FOI #33751 email]>
Sent: Tuesday, 17 February 2026 6:35 pm
To: Official Information <[5][email address]>
Subject: Official Information request - Regulations and legislation for
aerial spraying of nesting birds
Dear Auckland Council,
I would like to know all of the regulations and legislation for aerial
spraying agrochemicals and nationally critically endangered species when
nesting, breeding, and fledging ?
I would like to know the regulations and legislation for spraying
agrochemcials over a highly protected wetland with overlays in a.
significant ecological area, an outstanding natural landscape area , a
biodiversity focus area, all in a coastal zoning , in the waitakere
heritage area. Where the area is habitat to many nationally critically
endangered species , flora and fauna. And many at risk declining species.
?
I would like to know if this type of activity where the spray drift can
cause more than minor damage to non target species is a permitted activity
, a non discretionary activity or would require a resource consent. ?
All of the documentation state that the nesting season for the birds in te
henga wetlands is not over until the end of february ? So why would you
allow spraying of nesting birds when it is an offence against the wildlife
act, nes-f and nzs8409 , the AUP agrochemicals e34
And policy 11 for threatened species under the nzcps policy and
regulations
We would also like to know if non target damage has been observed and
breeches in spraying nesting birds, as well as incorrect permits without
the correct legislation , what are the protocols and how is this
assessessed and remedied
Yours faithfully,
Levonne Scott
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[6][FOI #33751 email]
Is [7][Auckland Council request email] the wrong address for
Official Information requests to Auckland Council? If so, please contact
us using this form:
[8]https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[9]https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.
-------------------------------------------------------------------
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message in error please notify us immediately and erase all copies of the
message and attachments. We do not accept responsibility for any viruses
or similar carried with our email, or any effects our email may have on
the recipient computer system or network. Any views expressed in this
email may be those of the individual sender and may not necessarily
reflect the views of Council.
References
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2. http://www.aucklandcouncil.govt.nz/
3. mailto:[Auckland Council request email]
4. mailto:[FOI #33751 email]
5. mailto:[email address]
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7. mailto:[Auckland Council request email]
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From: do-not-reply
Kia ora Levonne,
Thank you for your official information request to the Department of
Conservation, received on 17/03/2026.
Your reference number is OIAD-6183.
We will endeavour to respond to your request as soon as possible and no
later than 16/04/2026, 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 2020 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.
References
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2. https://www.doc.govt.nz/footer-links/pri...
Auckland Council
Kia ora Levonne
Thank you for your request for information regarding regulations under the
AUP and the NES-Freshwater.
Please find attached our response letter.
If you have any further questions, please don’t hesitate to contact me on
09 301 0101, quoting Official Information Request No 8140018570.
Ngā mihi
Jenny Hua
Senior Privacy & Official Information Business Partner
Customer Experience & Digital Services
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From: do-not-reply
Kia ora Levonne,
Please find attached the Department of Conservation’s response to your
request, which we received on 17/03/2026.
If you have any queries email us at [1][email address].
Ngā mihi
Government Services
Department of Conservation
Te Papa Atawhai
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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From: Levonne Scott
Dear Auckland Council,
In relation to the response by doc. They are responsible for the protection of nationally critically endangered species in the spray zone whether the property is privately or publicly owned. Can they please give me their responsibilities for monitoring endangered species that these chemicals affect in many ways and how they protected them during spraying over 28 hectares with over 6000 litres of chemicals over their habitat during nesting season. When it’s illegal to disturb these birds that are protected under the nzcps as the zone is a coastal zone with endangered species. What is docs responsibility here
Yours faithfully,
Levonne Scott
From: Official Information
Auckland Council
Kia ora Levonne,
We refer to your email, which we received on Sunday 12^th April 2026,
requesting information about Regulations and legislation for aerial
spraying of nesting birds
We can advise that in accordance with section 12 of the Local Government
Official Information and Meetings Act 1987 (LGOIMA) we have transferred
your request to the Department of Conservation to respond. This is because
the requested information is believed to be more closely aligned with the
functions of Department of Conservation
They will respond to your request within 20 working days of receipt of
your request
If you would like to contact Department of Conservation, their contact
details are: [1][email address]
If you have any further queries please contact us on via email
[2][Auckland Council request email]
Ngā mihi,
The Privacy & LGOIMA team
Auckland Council
From: Levonne Scott <[FOI #33751 email]>
Sent: Sunday, 12 April 2026 2:35 pm
To: Official Information <[email address]>
Subject: Re: Official Information request - Regulations and legislation
for aerial spraying of nesting birds
Dear Auckland Council,
In relation to the response by doc. They are responsible for the
protection of nationally critically endangered species in the spray zone
whether the property is privately or publicly owned. Can they please give
me their responsibilities for monitoring endangered species that these
chemicals affect in many ways and how they protected them during spraying
over 28 hectares with over 6000 litres of chemicals over their habitat
during nesting season. When it’s illegal to disturb these birds that are
protected under the nzcps as the zone is a coastal zone with endangered
species. What is docs responsibility here
Yours faithfully,
Levonne Scott
-----Original Message-----
Kia ora Levonne,
Please find attached the Department of Conservation’s response to your
request, which we received on 17/03/2026.
If you have any queries email us at [1][email address].
Ngā mihi
Government Services
Department of Conservation
Te Papa Atawhai
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.
References
Visible links
1. [3]mailto:[email address]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[4][FOI #33751 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[5]https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.
-------------------------------------------------------------------
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message in error please notify us immediately and erase all copies of the
message and attachments. We do not accept responsibility for any viruses
or similar carried with our email, or any effects our email may have on
the recipient computer system or network. Any views expressed in this
email may be those of the individual sender and may not necessarily
reflect the views of Council.
References
Visible links
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2. mailto:[Auckland Council request email]
3. mailto:[email
4. mailto:[FOI #33751 email]
5. https://fyi.org.nz/help/officers
6. https://www.aucklandcouncil.govt.nz/en/r...
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