Restoring precedence of the National Environmental Standards for Commercial Forestry (NES-CF) over local rules

Authors: Chris Fowler and Gabi Newman
Publication: New Zealand Journal of Forestry, Volume N.Z.J.For. 2025, Issue N.Z.J.For. 70(2) 2025, pp Pages 41-46, Aug 2025
Publisher: New Zealand Institute of Forestry

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Abstract: This paper discusses a recent High Court decision (Rayonier New Zealand Ltd v Canterbury Regional Council [2024] NZHC 1478) about the National Environmental Standards for Commercial Forestry (NES-CF). It also provides an overview of the Government’s proposed amendments to the NES-CF. The High Court has determined that the primacy of national environmental standards can only be departed from in limited circumstances. Local variation should not occur without an examination of whether a proposed restriction on plantation forestry activities regulated by the NES-CF is justified in the circumstances of the region or district in which it is to have effect. The proposed refinements to the NES-CF are intended to enhance regulatory clarity and operational efficiency. Changes to regulation 6 stringency provisions seek to curtail unjustified local variation that undermines national consistency. Changes to the slash management provisions aim to refine the ‘blanket approach’ currently applied to the management of slash and woody debris on the cutover. In combination, these changes maintain the general hierarchy attached to statutory planning documents, namely, that national environmental standards like the NES-CF take precedence over local planning instruments such as district or regional plans. Overall, the effect is to maintain the NES-CF as the primary resource management tool to manage plantation forestry activities throughout New Zealand, while still allowing for local environmental protection where this is required and adequately justified.

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