Questions and Answers: SILNA forests
What are SILNA forests?
The South Island Landless Natives Act 1906 provided for the allocation of about 57,000
hectares of land, throughout the South Island, to more than 4000 named Maori who were
identified as having insufficient land to support themselves. Of the area now remaining,
about 17,300ha is forested land that is affected by this policy. About 8300ha of this forest
remain unlogged and about 9000ha have been modified to varying degrees by logging.
Where are the SILNA forests affected by this policy?
Most affected SILNA forests are in the lower South Island. The major unlogged tracts are
in Southland and Otago, within the Rowallan Alton and West Rowallan blocks (western
Southland) and the Tautuku-Waikawa blocks (Catlins). There are lesser unlogged areas
in the the Hokonui-Waimumu blocks, near Gore, and small remnants in Southland’s
Waitutu forest, in South Westland, in the Heaphy River near Karamea, and in the outer
Marlborough Sounds. The Heaphy block and two blocks – Toi Toi and Port Adventure –
on Stewart Island are not covered by this policy as they are subject to processes set out in
the Ngai Tahu Claims Settlement Act 1998. Areas of SILNA forest at Waitutu and Lords
River have been dealt with under separate conservation agreements and legislation.
Who are SILNA owners?
SILNA owners are the descendants of those granted land as a result of the 1906
legislation. They engage in the management of their land through trusts and
incorporations, although some SILNA land is managed on owners’ behalf by the Maori
Trustee. There may be up to 40,000 beneficial owners of SILNA land.
Why is new policy needed?
SILNA forests were exempted from a 1993 amendment to the Forests Act that introduced
provisions requiring sustainable management of all privately owned indigenous production
forest. The exemption was created because the government was still addressing issues
relating to SILNA lands. SILNA forests remain the only privately owned indigenous forests
in New Zealand in which unsustainable logging can be conducted, which has been of
concern to the public and successive governments.
What are the SILNA moratoriums?
The previous government introduced negotiated moratoriums in 1999 as a provisional
measure to protect SILNA forests until a long-term solution could be found. A Crown
negotiator was appointed to negotiate agreements with SILNA owners to refrain from
logging for a set period, usually one year, in exchange for a set payment per hectare of
forest. About 40 percent of SILNA forest has been covered by moratorium agreements.
The current government has rolled over these moratorium agreements while it has been
developing its policy on SILNA.
Why are the moratoriums being extended for three years?
The government will seek to extend the moratorium agreements for a further three years
to protect SILNA forests while conservation settlements are negotiated, or while
sustainable forest management plans are developed for SILNA owners wishing to use
their forests for sustainable timber production.
What are the priority areas for conservation settlements?
The 5000ha of SILNA forest identified as having priority for conservation settlements is
primarily in the Tautuku-Waikawa, West Rowallan and Waitutu areas. Other areas will be
considered for conservation settlements in a second phase, subject to funding availability.
It is expected that protection will be by way of covenants in perpetuity.
Why will SILNA owners be assisted with the costs of sustainable forest management
plans?
Technical expertise is required to develop a sustainable forest management plan and
many SILNA ownership groups lack funds for such purposes. The government recognises
that it is preferable for any logging to occur on a sustainable basis, so that the forests and
their natural values are maintained as much as possible. That is more likely to be
achieved if SILNA owners are assisted with the reasonable costs of sustainable
management plans. A condition for such assistance will be that any forest for which a
plan is prepared be brought under the Forests Act sustainability provisions prior to active
management. The Forests Amendment Bill, now before a Parliamentary select
committee, will enable this to occur.
What is the role of the Resource Management Act and the councils that administer it?
Compliance with the Resource Management Act is required for all native forest logging,
whether sustainable or not. To improve the application and enforcement of the RMA, the
government will:
 work with the Southland and Clutha district councils in the enforcement of their
district plans;
 help councils with information about ecological sustainability, areas of significance
and the likely environmental effects of logging;
 provide information relevant to the consideration of individual resource consent
applications; and
 work with the councils where appropriate to improve their plans to provide a sound
basis for timely evaluation of consent applications.
Why are export controls being reintroduced for SILNA forests?
Successive governments have imposed export controls on native timber. Exports of
native timber logs, woodchips and sawn timber (except sustainably produced sawn rimu
and beech) are currently prohibited under the Forests Act for everyone except SILNA
forest owners. The Forests Amendment Bill will extend export controls to SILNA owners
on the same basis as all other exporters and preclude compensation for this change. The
government is currently considering what the exact nature of the export controls will be.
The Bill provides a mechanism for assistance with financial losses if export contracts
signed before the Bill’s introduction on 13 July 1999 are frustrated by its eventual
enactment. Few if any such claims are expected.
Why are SILNA forests not being subjected to the same legal requirements for sustainable
forest management as other private owners of native forest?
The government accepts that SILNA owners have a very firm view of their ownership
rights. This view has been reinforced by the approach that central government has taken
to the SILNA issue over a number of years. It is clear that SILNA owners will not accept
any legislative measures that make no distinction between SILNA forests and other
privately owned forests. The government has taken this view into account in designing
the policy package.
What is the relevance of the WAI 158 Treaty claim?
The WAI 158 Claim, lodged with the Waitangi Tribunal in 1990 on behalf of SILNA
owners, asserted that the Crown’s indigenous forest policy breaches the Treaty of
Waitangi. At the time the claim was lodged, it appeared that the government would
legislate to ban indigenous log and chip exports and prevent SILNA owners clearfelling
their indigenous forests. SILNA forests were exempted from the export ban and
sustainability requirements introduced from 1993, and the claim has not advanced.