Two-Thirds of NZ’s Conservation Estate at Risk of Sale

Government proposal could open 5 million hectares of public land—about one-third of the South Island’s land area—to sale or exchange

The National-led government’s “Modernising Conservation Land Management” proposals would mark the most far-reaching shake-up of New Zealand’s public conservation estate in a generation. At the heart of the plan is a move to make around five million hectares—almost two-thirds of Department of Conservation (DOC) land—available for sale or exchange if deemed “surplus” or needed to support other government priorities.

Public conservation land currently covers about 8.5 million hectares, or one-third of New Zealand’s total land area. This includes national parks, conservation parks, reserves, and stewardship land. To put the scale in perspective, 5 million hectares is roughly 30 percent of the entire South Island’s land area.

What land is on the line

While the government has not provided a detailed list, the 5 million hectares could include:

• Stewardship land (about 2.4 million hectares) — much of it unassessed for conservation value, but known to contain areas of high ecological and cultural significance.

• Other DOC-managed areas — including parts of conservation parks and reserves.

Critics note that “surplus” is not clearly defined, leaving open the possibility that land with substantial biodiversity or cultural value could be lost to private ownership or more intensive commercial use.

Mountain Tūī has written about the linkages of these announcements to other government initiatives here:

Luxon wants to sell or exchange up to 67% of NZ's conservation lands

As a keen tramper, and with extensive experience in conservation management, I know all too intimately whats at stake.

Commercialisation alongside disposal

Alongside the disposal provisions, the proposals seek to streamline concessions for commercial activities on conservation land. This could mean faster approvals for tourism, mining, or infrastructure projects — potentially even in areas now considered sensitive — under a more market-driven allocation process.

Treaty Obligations, Iwi Participation & the Legacy of Wai 262 in Conservation

A critical fault line in the “Modernising Conservation Land Management” proposals lies in how the Crown proposes to uphold Treaty principles—specifically through Section 4 of the Conservation Act—and the essential role of iwi in decisions about conservation land.

Section 4: Treaty Principles at the Core

Section 4 obliges the Department of Conservation (DOC) and the Minister of Conservation to give effect to the principles of the Treaty of Waitangi when exercising conservation powers. While the reform document does not amend Section 4, it would affect its application in practice, and most certainly engages it.

In a parallel process, the government is reviewing Treaty clauses in legislation, with a view to narrow or remove those clauses. Section 4 of the Conservation Act is on that list. Significantly, Newsroom recently reported that the Government has removed the Conservation Act—and the Crown Minerals Act—from its broader Treaty clause review, opting to subject both to a separate, standalone review instead. This decision underscores their complexity and distinct importance in managing Crown obligations, and the legal risks to the Crown, particularly regarding the interdependence of Treaty settlements with conservation legislation.

The Importance of Iwi Input: A Foundation, Not an Afterthought

In his submission on the conservation reforms, the Parliamentary Commissioner for the Environment (PCE) underscores that conservation decisions must reflect both national and regional perspectives:

“…different hapū and iwi will also have their own taonga and significant places on public land that needs to be protected. For that reason, access to public conservation land and the experiences it can offer must also be considered regionally.”

This highlights that iwi voices should be embedded meaningfully in the planning, disposal, and concession processes—not merely consulted.

Wai 262: The Conservation Estate as a Repository of Taonga

The Ko Aotearoa Tēnei report (Wai 262) acknowledges that the conservation estate is far more than protected scenery—it’s a repository of taonga places, where kaitiaki relationships with the land endure:

“The conservation estate… is home to most of the surviving ‘taonga places’, where kaitiaki relationships with the natural environment and flora and fauna are possible in a way that they are not in other areas.”

For many iwi, the conservation estate holds ancestral whenua, sources of rongoā (traditional healing), wāhi tapu (sacred places), and taonga species—elements essential to maintaining identity, tino rangatiratanga, and cultural continuity. The Waitangi Tribunal affirms:

“Within the conservation estate is ancestral whenua, taonga species, ngahere, wāhi tapu, sources of rongoā and kai… The Treaty guaranteed that such taonga would remain in the control of whānau, hapū and iwi for as long as they wished to possess them.”

In this light, any move toward disposing, exchanging, or commercialising conservation land without clear iwi-led governance risks undermining both cultural integrity and Treaty commitments.

Te Tiriti o Waitangi and Section 4 of the Conservation Act are two of the strongest blocks we have to the privatisation and commercialisation of the conservation land which forms the backbone of our country.

What’s at stake

The 5 million hectares under potential disposal represent some of New Zealand’s most significant natural landscapes and ecosystems, and are of immense value to iwi, hapū and communities throughout New Zealand. Protecting these lands is not just about defending biodiversity and cultural heritage—it is about safeguarding the heart of our nation for future generations, ensuring that the places which define us remain in public hands and under the care of kaitiaki.