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Department of Conservation

Staged process for allocation of concessions for

Beekeeping on

Public Conservation Land

September 2015- August 2016

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This is a staged process for the allocation of concessions for beekeeping on public conservation land by calling first for expressions of interest then on a region by region basis undertaking assessment, planning, engagement and design, and then notifying regional concessions allocation processes. Date of Issue: 1 September 2015 Summary of process: 1. The process under s17ZG(2)(a) Conservation Act 1987 is to be undertaken over the

period between 1 September 2015 (00:01am) and 31 August 2016 (12:00pm).

2. The process is being undertaken in order to allow the Department of Conservation - Te Papa Atawhai (“DOC”) to establish what interest there is in beekeeping on public conservation land (“PCL”) on a region by region basis. To assess areas within those regions to establish their suitability for beehive placement on PCL, and to run a process for the allocation of concessions (licences) to authorise the beekeeping. The process may differ from region to region and at the completion of each region’s assessment DOC will determine which opportunities to apply for beekeeping concessions will be offered. It will then run a concession allocation process that is appropriate for that region.

3. The stages in the process are:

a. Notification – Inviting interested parties to express their interest through an

Expression of interest (“EOI”) for beekeeping on PCL. This will enable DOC to better understand the level of interest on a regional basis and factor that into its concessions allocation design process. The public notification of this document represents the start of the process.

b. Assessment, planning, engagement and design on a region by region basis

This will involve evaluation of the opportunities available for beekeeping on PCL on a region by region basis, engagement with iwi and industry representatives and designing a concessions allocation process that is appropriate for the particular region.

c. Regional concessions allocation processes – Allocation of concessions will

occur on a region by region basis in accordance with the timetable for the regions that will be notified on DOC’s website in October 2015. You must have expressed your interest in each region in order to be included in the concessions allocation process for that region. If a tender for the right to apply for a concession is the allocation mechanism notified, respondents can reply to that by making a bid. Bids will be assessed according to advertised criteria and those who are successful will then have the opportunity to apply for a concession to place beehives on PCL. In other instances, applications may be invited or other actions taken that may encourage specific applications used.

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4. Appendix 4 illustrates the indicative timing and process.

5. No new applications for concessions for beekeeping on PCL will be accepted during this process, other than as part of the regional concessions allocation processes.

6. This process will not affect existing concession rights for beekeeping on PCL, or any

complete concession application received before the date of issue of this document. However, note that when concessions expire the beekeeping opportunities may be included in scope for an allocation process.

7. Information will be available on an on-going basis on the DOC website and those interested are invited to check it on a regular basis for on-going notifications.

Purpose: 8. Following a significant increase in interest in beehive placement on PCL, DOC is

reviewing how it manages beekeeping on PCL in order to: a. Safeguard conservation and cultural values in light of the increasing demand

for beehives on PCL.

b. Develop a fair and transparent allocation process that gives interested parties opportunities to place beehives on PCL.

c. Proactively manage the allocation of this resource in an efficient and

effective manner.

9. As part of this review DOC is undertaking a staged process to ascertain what interest there is for applications for concessions for beekeeping on PCL which includes this call for EOI, assessment, planning, engagement and design of regional allocation processes; then running those processes on a region by region basis.

10. During this process DOC will, on a region by region, basis:

a. Establish the level of interest in particular locations in each region.

b. Carry out wide-scale investigations of where beehives could be placed on PCL without adversely effecting ecological values.

c. Engage with iwi to better identify and incorporate the protection of cultural

values into the concession allocation system, and ensure we are meeting our legislative obligations in respect of the Treaty of Waitangi.

d. Engage with the beekeeping industry via the industry representative bodies.

e. Use the information gathered to: evaluate where opportunities for

beekeeping on PCL are appropriate and available; the conditions required to protect ecological and cultural values; develop criteria to assess bids; and to allocate these opportunities through a fair and transparent process.

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Background: 11. DOC is a central government organisation with the primary purpose of managing

conservation. In managing approximately one third of the land in New Zealand, it is recognised that DOC manages access to an increasingly valuable resource for the placement of beehives and honey production, including mānuka.

12. DOC has obligations under s4 Conservation Act 1987 to so interpret and administer

its legislation as to give effect to the principles of the Treaty of Waitangi. A list of the principles generally applicable in DOC’s work is attached as Appendix 1.

13. Mānuka and other native honey producing plants are tāonga to iwi Māori. Tāonga species have spiritual and cultural significance to iwi Māori. Mānuka has been used for cultural purposes for generations. There are also many sites that are wāhi tapu, or otherwise significant sites to iwi, within public conservation land boundaries. DOC has a duty to actively project cultural values associated with both sites and species on PCL and be fully informed by the views of iwi in regards to activities that occur on PCL.

14. The honeybee is an introduced organism to New Zealand that provides important

pollination services to the agricultural and horticultural industries, but can have a range of impacts on conservation values. In addition, there is a range of cultural considerations that need to be addressed in considering suitability for beekeeping.

15. Honeybees have been kept in New Zealand for over 150 years, with the number of apiarists increasing steadily, particularly in recent times.

16. Scientific verification of the unique properties of mānuka honey and the development of associated brands (e.g. Unique Mānuka Factor, UMF), has prompted a rapid increase in demand for access to land for beehive placement.

17. The approach of first in first served is not, in this context, seen to be effective because;

• The first in first served (FIFS) approach does not adequately allow for consideration of conservation impacts of beekeeping on PCL at a national scale.

• Unable to consider the cultural impacts on a scale that is relevant to iwi (i.e. consideration of the cumulative cultural impact on a region) – under the current system this is piecemeal.

• Rapid growth in demand means that there is not sufficient supply to meet demand and a fairer allocation process is required.

• A competitive process is seen as being fairer to businesses and more responsible by DOC in managing PCL.

18. This industry growth has led to increasing demand for access to this resource. In

order to ensure conservation values are protected, that cultural considerations are appropriately addressed, and that the resource is managed and allocated in a fair and transparent manner, DOC is running this process, starting with this EOI, on all PCL.

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What is the first stage of the process? 19. The first stage of the process is an invitation to express an interest. This is an open

invitation, including to existing beehive concessionaires, to express an interest by completing the form in Appendix 2 to be considered for any concession allocation opportunities for beekeeping on PCL.

20. This invitation is not a guarantee or assurance that any respondent will receive a

concession to operate on PCL. 21. Expressions of interests are requested to be lodged by 23 October 2015. 22. This will enable DOC to undertake an analysis of demand which will assist in

determining the location and timing of regional investigations and the type of concession allocation process to be run.

23. The timetable will be posted on the DOC website at the end of October 2015.

24. To be considered for a region’s allocation process, interested parties must lodge their expression of interest no later than one week prior to opportunities being offered for that region. This includes existing concessionaires whose concessions expire by 31 August 2016.

25. DOC will put all notifications and information relating to this EOI process on the following website: www.doc.govt.nz/beehiveseoi

26. The form in Appendix 2 is a copy of the electronic version. Expressions of interests are to be lodged electronically through the following link: www.surveymonkey.com/r/beehiveseoi

27. If you do not have access to the internet to lodge an expression of interest you can post a completed form to the following address; likewise if you have any queries about the process, please contact us via the following means:

Department of Conservation Private Bag 3072 Hamilton 3240 Subject Line: Expression of Interest – Placement of Beehives on PCL Or via email at: beehiveseoi@doc.govt.nz Subject Line: Expression of Interest – Placement of Beehives on PCL

Existing concessionaires 28. Existing concessionaires should note:

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a. This process will not affect existing concession rights for beekeeping on PCL or any complete concession application received before the date of issue of this document.

b. When concessions expire the beekeeping opportunities may be included in scope for an allocation process.

c. DOC will consider what allocation opportunities may be made available at the end of current concession terms.

d. They need to express an interest if they are interested in additional beekeeping on PCL or if, on the expiry of their concession they wish to apply for a new concession.

Terms and conditions of EOI 29. The terms and conditions of the EOI are attached as Appendix 3.

What is the second stage of the process? What will DOC do during the engagement, planning and design process? 30. DOC will review and evaluate the information available to define those areas on PCL

where beekeeping is appropriate, and determine the appropriate process to manage beehives at place on a region by region basis. This evaluation will cover a number of points such as: a. The conservation values on the land, the potential risks and benefits posed

by beekeeping, and whether those risks can be avoided, remedied or mitigated.

b. Engagement with iwi to determine that any allocation process identifies and incorporates any potential cultural effects as a result of beehive placement on PCL, to ensure these effects are appropriately avoided, remedied or mitigated. Consideration of DOC’s obligations in relation to the Treaty of Waitangi.

c. Compliance with statutory planning documents and the purpose for which

the land is held. This includes whether aerial access for placement of beehives would be permissible.

d. Implementation of DOC’s Beekeeping Guidelines – including carrying

capacity and spacing between sites. e. Ecological Assessment – to ensure that any effects of the activity are

appropriately avoided, remedied or mitigated. f. Any other matters DOC, in its discretion, determines are relevant.

What is the third stage of the process - Regional concession allocation processes? 31. Dates to be confirmed

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a. Opportunities for beekeeping in the first region are to be assessed, and the concession allocation method to be used, will be notified on DOC’s website.

b. Subsequent concession allocation processes by region will be made on a rolling basis through to the closure date of the process on 31 August 2016.

c. If the concession allocation method notified is a tender for the right to apply

for a concession, this will be notified for a period of 20 working days. Selection of successful applicants will be undertaken within 20 working days of a notified opportunity closing. Other concession allocation processes such as inviting applications or taking other actions that may encourage specific applications, may be used.

Terms and conditions of concessions allocation processes 32. Terms and conditions will be included as part of the allocation process for each

region and notified as part of that process. Completion of process 33. This process will close on 31 August 2016.

34. DOC will undertake an evaluation of the process, through both internal and external

feedback.

Reservation of rights

The Director-General reserves the right at his sole discretion to amend or cancel the process or any of the stages of the process and its timeframes. If there are changes, they will be notified on DOC’s website.

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Appendix 1 - Principles of the Treaty of Waitangi generally applicable to DOC’s work Treaty of Waitangi and DOC’s Section 4 Obligations DOC is committed to working with whanau, hapu and iwi within their rohe for effective management of conservation. DOC will engage with whanau, hapu and iwi to ensure that we understand their perspective and views in regards to management of PCL for all New Zealanders. The relationship is governed by section 4 of the Conservation Act, which states as follows: “4 Act to give effect to Treaty of Waitangi This Act shall so be interpreted and administered as to give effect to the principles of the Treaty of Waitangi.” Principles of the Treaty of Waitangi Any process under conservation legislation must be done in accordance with s4 Conservation Act 1987. This will include an assessment of cultural effects and consideration of the views of iwi, hapu and whanau of the area. DOC will use this process to undertake engagement with iwi including identifying cultural values at each location. The principles that apply generally in DOC’s work are: Partnership – mutual good faith and reasonableness The Crown and Māori must act towards each other reasonably and in good faith. These mutual duties of reasonableness and good faith describe the nature of the relationship between the Crown and Māori. They are the core of what has been described as the Treaty partnership. This principle is about how the Crown should behave to Māori and Māori to the Crown. Informed decision-making Both the Crown and Māori need to be well informed of the other’s interests and views. When exercising the right to govern, Crown decision makers need to be fully informed. For Māori, full information needs to be provided in order to contribute to the decision-making process. This is connected closely to the principles of good faith and active protection. Consultation is a means to achieve informed decision-making. Active protection The Crown must actively protect Māori interests retained under the Treaty as part of the promises made in the Treaty for the right to govern. This includes the promise to protect tino rangatiratanga and taonga. Active protection requires informed decision-making and judgement as to what is reasonable in the circumstances. Redress and reconciliation

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The Treaty relationship should include processes to address differences of view between the Crown and Māori. The Crown must preserve capacity to provide redress for proven grievances from not upholding the promises made in the Treaty. Māori and the Crown should demonstrate reconciliation as grievances are addressed. What this means in practice DOC will undertake consultation with iwi when PCL within their rohe is being considered for a concession allocation opportunity. The aim of consultation is to identify any cultural values that may be affected by this activity being undertaken. Where cultural values are identified, DOC will work with iwi to identify ways these effects can be appropriately avoided, remedied or mitigated. This may result in, for instance, protection of cultural values being identified through assessment criteria for any allocation opportunity, or through the inclusion of special conditions in any eventual concession. The assessment of opportunities undertaken in accordance with the terms of the Conservation Act is “effects based”. Effects can be, for instance, environmental, cultural or recreational. In regard to the giving effect to the principles of the Treaty this may mean avoiding, remedying or mitigating the effects on cultural values associated to specific sites and species of flora and fauna affected by the activity. For example, hives may not be placed on wāhi tapu sites. Treaty of Waitangi settlements are ongoing processes. In some areas, settlement has been undertaken and land may have transferred to local iwi, or there may be legislative requirements that DOC now needs to uphold and consider. In others, settlement may be in process, therefore DOC may offer a lesser concessions term in anticipation of settlement.

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Appendix 2 – Survey Monkey Application Form

https://www.surveymonkey.com/r/beehiveseoi

Beehive placement - expressions of interest form

1. Name of applicant*

2. Trading name (if different from above)

3. Type of applicant*

Individual

Company

Trust

Partnership

Other (please specify)

Address

Address 2

City/Town

Post Code

Country

4. Address of registered office / postal address

5. Contact person

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Beehive placement - expressions of interest form

1. Name of applicant*

2. Trading name (if different from above)

3. Type of applicant*

Individual

Company

Trust

Partnership

Other (please specify)

Address

Address 2

City/Town

Post Code

Country

4. Address of registered office / postal address

5. Contact person

1

Questions marked * are required information

6. Email address*

7. Phone*

8. Which regions would you like to operate in? (Please include any areas where you already hold a DOC

concession)

*

Northland

Auckland

Waikato

Coromandel

Bay of Plenty / Rotorua

East Coast / Gisborne

Hawkes Bay

Taranaki

Whanganui

Wairarapa

Wellington

Nelson / Marlborough

West Coast

Canterbury

Otago / Southland

Chatham Islands

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Beehive placement - expressions of interest form

9. If you selected the Northland Region, please tell us which Districts you would like to operate in (tick all

that apply)

Far North District

Whangarei District

Kaipara District

10. If you selected the Nelson / Marlborough Region, please tell us which Districts you would like to operate

in (tick all that apply)

Nelson City

Tasman District

Marlborough District

Kaikoura District

Not applicable

11. Do you currently hold a concession to site beehives on public conservation land?*

Yes

No

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Beehive placement - expressions of interest form

12. How many hives do you currently have on public conservation land?

Fewer than 50 hives

50 - 99 hives

100 - 1000 hives

More than 1000 hives

13. How many new hives would you like to locate public conservation land?*

Fewer than 50 hives

50 - 99 hives

100 - 1000 hives

More than 1000 hives

Not applicable

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Beehive placement - expressions of interest form

14. Is there anything else you would like to tell us about your operation?

Thank you for your time

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Please return by post to:Department of ConservationPrivate Bag 3072Hamilton 3240Subject: Expression of interest - Placement of beehives on PCL

Or via email to:beehiveseoi@doc.govt.nzSubject: Expression of interest - Placement of beehives on PCL

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Appendix 3 – Terms and Conditions of Expression of Interest (EOI)

The following Terms and Conditions apply to the EOI process. 1.1 Sections 17R(2)(a) and s17ZG(2)(a) Conservation Act 1987

1.1.1. The process including this EOI is under s17ZG(2)(a) Conservation Act 1987 and is to be undertaken over the period between 1 September 2015 (00:01 am) and 31 August 2016 (12:00pm).

1.1.2. Under s17R(2)(a) no new applications for concessions for beekeeping on PCL will be accepted during this process, other than as part of the regional concessions allocation processes.

1.2 Form of response

The Department will consider only those responses that are submitted on the form provided in Appendix 2; including submitted electronically or manually.

1.3 Timing

1.3.1 Responses to this EOI are requested to be lodged by 23 October 2015.

1.3.2 There will be no need for an additional response for the regional concessions allocation processes. Those processes will remain open until a week prior to opportunities being offered for the region. Interested parties must

1.4 Joint Responses

lodge their expression of interest no later than one week prior to opportunities being offered for the region they are interested in.

The Department will consider any EOI response submitted by one or more than one party.

1.5 Provision of information

1.5.1 The Department will provide information on its website from time to time and the onus is on those interested to ensure they check the website for that information.

1.5.2 Those without access to the internet must seek updates or direct any queries about the process in writing to:

Department of Conservation Private Bag 3072 Hamilton 3240 Subject Line: Expression of Interest – Placement of Beehives on PCL

Or via email at: beehiveseoi@doc.govt.nz Subject Line: Expression of Interest – Placement of Beehives on PCL

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1.6 Official Information Act 1982 etc

Participants acknowledge the Department’s obligations are subject to the requirements imposed by statute (e.g. Official Information Act 1982, the Privacy Act 1993) and parliamentary convention.

1.7 Rights reserved by the Department:

To the maximum extent allowed by law the Department reserves the unrestricted rights at any time to: (a) make any change to the EOI and to the EOI process. Where a significant change

affects the EOI process or content the Department will notify the change on its website;

(b) suspend or cancel this EOI or any process arising from it at any time by notice; (c) accept or reject any response, regardless of whether it conforms with, or is

submitted in accordance with, the requirements of this EOI; (d) consider a response that has been submitted after the EOI closing date at its

discretion; (e) seek additional information about participants from any source; and (f) if it deems it desirable, extend the list of participants beyond those that respond to

this EOI. 1.8 Status of EOI

1.8.1 Neither the EOI, nor the EOI process, shall create any legal relationship between the Department and a participant. For the avoidance of doubt, this EOI process does not give rise to a process contract.

1.8.2 The issue of, and response to, this EOI does not constitute an offer by the Department to apply for a concession.

1.8.3 If there is any conflict or inconsistency between the terms and conditions set out in this EOI and the terms contained in a participant’s response, the terms and conditions set out in this EOI shall prevail.

1.9 The Department not liable for costs

The Department will not be liable (in contract or tort, including negligence or otherwise) for any direct or indirect damage, loss or costs (including loss of profits or business) to any participant or other person in respect of this EOI or EOI process.

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1.10 The Department’s Disclaimer of Liability

While the Department makes every effort to provide accurate information, it does not accept any responsibility or liability (whether in tort, contract or otherwise) to any person for errors of fact, omission, interpretation or opinion that may be present, nor for the consequences of any decision based on this information.

1.11 Ethics

1.11.1 Each participant represents and warrants that it has not and will not engage in any practices that give one participant an improper advantage over another, and/or engage in any unfair and unethical practices, including, in particular, any collusion, secret commissions or such other improper practices.

1.11.2 Participants must not directly or indirectly offer or provide any form of inducement or reward to any representative of the Department in respect of this EOI.

1.11.3 Participants must not attempt to influence the outcome of the EOI process by canvassing, lobbying or otherwise directly or indirectly seeking support of Department personnel.

1.12 New Zealand law

This EOI will be construed according to and governed by New Zealand law and each participant agrees to submit to the non-exclusive jurisdiction of New Zealand courts in any dispute concerning this EOI process or any response.

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Appendix 4 – Beekeeping EOI and regional concessions allocation process diagram

From doc-2582566