Oceans Policy Needed To Protect $7 Billion Environment - Law Professor
You
might think as a nation New Zealand would actively protect
an environment that contributed over $7 billion to the
economy, but University of Canterbury (UC) Law Professor
Karen Scott says we aren’t doing enough to protect New
Zealand’s maritime zone – something that could be
addressed, in part, with an oceans policy. New Zealand
started the process of developing an oceans policy 20 years
ago, but abandoned it primarily owing to disagreements
between Māori and the Crown over the foreshore and
seabed. In 2012, legislation for New Zealand’s
exclusive economic zone – which is a 200-nautical-mile
maritime zone extending from New Zealand’s baselines –
addressed some gaps in oceans governance but it is not
designed to function as an oceans policy. An expert in
the law of the sea, Professor Scott, funded by the New
Zealand Law Foundation, is researching the question of
whether Aotearoa New Zealand needs an Oceans Policy and
whether it would improve oceans governance and environmental
outcomes for New Zealand? “An Oceans Policy would
provide overarching goals, a set of principles and values
which can provide the framework that legislation,
initiatives and organisations can work from in order to
manage ocean resources and protect the ocean environment,”
Professor Scott says. “My feeling is that oceans
have been neglected in New Zealand. If you think about key
environmental issues they usually focus on freshwater and
waterways, agriculture and climate. That’s not to say
these aren’t important, they are, but the ocean is often
neglected and one role of an Oceans Policy is to increase
its profile and make sure oceans are actively considered
when decisions are made that could affect the
ocean.” Part of Professor Scott’s research focused
on how other states have implemented oceans policies and
their outcomes. “Australia and Canada have adopted
Oceans Policies with differing results. I’m not suggesting
these policies provide a model for how New Zealand should
implement an Oceans Policy, but they do provide a learning
opportunity for us,” she says. “In New Zealand the
development of an oceans policy must involve Māori in a way
that is meaningful such as through co-governance. An oceans
policy provides an opportunity to incorporate Tikanga Maori
and Matauranga Maori into oceans governance in New
Zealand.” New Zealand’s maritime zone is 21 times
the size of its terrestrial area, that’s 5.7million km²
and about 30% of our endemic biodiversity is found in the
ocean. To put it in context, New Zealand has the fifth
largest economic zone. “From a geographic point of
view we are lucky that we can claim the maximum extent of
international maritime limits, which typically most states
can’t,” says Professor Scott. “We think of
ourselves as having a clean green image, when really it
should be a clean blue image where our marine environment is
important to us. “My hope is that in the future we
will see shipping, fishing, offshore oil and gas exploration
and recreational activities managed in a more integrated
way. Also I’d like to see a more proactive approach to
protecting our marine environment.” Professor
Scott’s extensive article on the importance of an oceans
policy will be published in the 2021 Ocean Yearbook.
She also presented her findings to a number of interested
groups including Maritime New
Zealand.