Government to Amend Wildlife Act to Support Infrastructure and Conservation

The changes aim to ensure that essential infrastructure developments and conservation efforts can continue lawfully, without compromising the protection of New Zealand’s unique and treasured wildlife.

The Government has announced plans to urgently amend the Wildlife Act 1953 following a recent High Court decision that cast doubt on the legality of certain permissions granted to developers and conservationists. The changes aim to ensure that essential infrastructure developments and conservation efforts can continue lawfully, without compromising the protection of New Zealand’s unique and treasured wildlife.

Conservation Minister Tama Potaka says the reforms will ensure projects such as road construction, renewable energy installations, forest management, and pest control can proceed with legal clarity while maintaining safeguards for native species.

The High Court recently ruled that it was unlawful for the Department of Conservation (DOC) – Te Papa Atawhai – to issue an authorisation under section 53 of the Wildlife Act to Waka Kotahi NZ Transport Agency, which permitted incidental harm to protected species during the construction of the Mt Messenger Bypass in Taranaki. While the project also received authorisation under a different section of the Act, and thus construction can continue, the ruling has broader implications.

“This ruling doesn’t impact the Mt Messenger project or any Fast Track projects, but it has created legal uncertainty for other crucial developments that were given, or are waiting for, permission under section 53,” Mr Potaka said.

He explained that without legal amendments, projects like new solar and wind farms, plantation forests, powerline repairs, and other infrastructure initiatives could be delayed or halted. Additionally, critical conservation work such as pest control operations—which sometimes involve incidental risk to wildlife—could be compromised.

“The Government is acting quickly to restore clarity to the law and ensure these vital activities can move ahead lawfully. We’re talking about things like building homes, maintaining infrastructure, and protecting the environment—things that are all vital to a functioning and sustainable Aotearoa,” Mr Potaka said.

The proposed changes will allow DOC to continue issuing permits under section 53 for activities that may incidentally harm wildlife, provided developers meet strict conditions to mitigate those impacts.

“These amendments will reaffirm the expectation that developers make every effort to avoid or reduce harm to native wildlife, such as by relocating animals from construction zones,” said Mr Potaka. “But if they follow the rules and meet the conditions set by DOC, they should not face prosecution for unintended impacts.”

The Government emphasizes that environmental protection remains a core priority. The new legislative changes are not intended to weaken wildlife protections but to ensure the law reflects practical realities and supports a balanced approach to both economic growth and conservation.

“New Zealanders care deeply about our wildlife, and rightly so,” Mr Potaka added. “This is about enabling progress in a responsible way—ensuring that species can continue to thrive while we support the housing, infrastructure, and energy needs of a growing nation.”

The amendments are expected to be introduced to Parliament in the coming months, with cross-agency input to ensure strong environmental oversight remains in place.