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Tawharanui Marine Reserve Regulatory Impact Statement (PDF, 203K)

Summary

Agency Disclosure Statement

1. This Regulatory Impact Statement (RIS) has been prepared by the Department of Conservation (DOC).  It provides an analysis of options to provide improved marine protection through the establishment of a marine reserve in the territorial sea along the Auckland coastline east of Warkworth, north of the Tāwharanui peninsula. 
2. The area proposed for the marine reserve overlaps and extends beyond the boundaries of the current Tawharanui Marine Park. The marine park is proposed to be disestablished soon after the establishment of the marine reserve.
3. There is a process for the establishment of marine reserves under the Marine Reserves Act 1971 (MRA). The statutory process was duly followed for this marine reserve application, which was initiated by the then Auckland Regional Council (ARC).
4. At the time of finalising this RIS, there is a final statutory step pending for the establishment of the marine reserve. That step is under section 5(9) of the MRA for the Minister of Conservation to recommend to the Governor-General to execute the Marine Reserve (Tāwharanui) Order 2011.
5. Currently, DOC officials prepare a report and recommendations on marine reserve applications, but there are no reliable estimates of staff time or costs involved.
6. DOC confirms that Option 2 (establishment of the Tāwharanui Marine Reserve) will provide the greatest net benefits compared to the status quo. Option 2 is likely to have the following impacts on businesses—
   1. An area of 16.2 hectares between the areas occupied by the marine park and the proposed marine reserve will no longer be available for fishing.
   2. Only limited minerals-related activities can take place in marine reserves.  There is no mining currently occurring in the area under consideration.
   3. It should be noted that a range of positive economic impacts may emanate from the creation of the marine reserve, which include local nature-related tourism and spill-over effects for commercial and recreational fishing. 
7. The establishment of the marine reserve would not impose additional costs on businesses except as flowing from the above-mentioned impacts. Except to the extent fishing in the additional 16.2 hectares would be prohibited outside the boundaries of the current marine park, the proposal does not impair private property rights, market competition, or the incentives on businesses to innovate and invest. The proposal does not override fundamental common law principles.

Doris Johnston, Deputy-Director General, Policy Group   28 July 2011