The policy underlying the bill
Protecting Biodiversity
This Bill helps to implement the NZBS, which itself was developed in part to fulfil commitments made under the international Convention on Biological Diversity. One of the priority actions in the NZBS is to review the Marine Reserves Act (MRA) to better provide for the protection of marine biodiversity.
"Biodiversity" refers to the variety of different types of ecosystems, the variety of species of living things, and the variety of genes that each species contains. The Bill focuses on protecting marine communities and ecosystems, including examples of all the more widespread and common types as well as sites that are outstanding, rare, distinctive or important. It is important to include all these types to effectively protect biodiversity. The Act is therefore also extended to the exclusive economic zone (EEZ), to include all of NZ's marine communities and ecosystems.
Enabling People to Enjoy Marine Reserves
A fundamental principle of the current MRA, and of the Act that governs national parks on land, is people's freedom to enter and enjoy these areas. The Bill keeps this principle, subject to ensuring the natural values in marine reserves are not harmed (cl 9(e), 12(1)).
Principles of the Treaty
The processes in the Bill for establishing and managing marine reserves should:
- Be consistent with the Crown's obligations to Maori under the principles of the Treaty; and
- Recognise and reflect the statutory obligations to Maori under the Treaty of Waitangi Fisheries Claims) Settlement Act 1992 and the Conservation Act 1987.
Sound Decision-Making Processes
The Bill deals with processes for establishing marine reserves in some detail. The current processes have proved cumbersome and lengthy. The aim in the Bill is to provide a well-structured and efficient process that provides:
- Appropriate public notification of reserve proposals and appropriate and meaningful opportunities for Maori, public and stakeholder participation;
- Certainty to all parties about what is expected of them;
- Clarity about how the process will be managed, by, for example, including timeframes at each stage of the process; and
- Clear guidance for decision-makers.
Involving the public in management
Local support and involvement can be important to the success of a marine reserve and its enforcement. The Bill establishes opportunities for people to be involved in reserve management.
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