title: Information Requirements in Natural Resources Law: Geothermal, Fisheries and Petroleum Compared

authors: Parson, Phoebe Ruth

subjects: Natural resources law

abstract: The purpose of this research is to demonstrate the key role of legal provisions for information in natural resource law, particularly legal provisions within a resource manager and resource developer relationship.  Using three legislative regimes, the research examines and compares information provisions’ functions substantively and procedurally. The research shows that limitations in existing provisions for information under these regimes provide important lessons for articulating optimum legal characteristics for information provisions in natural resources law for the future. The main research question: What legal characteristics are desirable in information requirements for managing natural resources? guides the analysis.
Information is at the heart of natural resource decision-making. Information provisions are instrumental in assessing the practical, economic and legal feasibility of resource development and in gauging a resource developer’s compliance with law. To understand what legal characteristics are desirable in information provisions, the thesis compares the management of three natural resources: the geothermal resource under the Resource Management Act 1991, the ocean fisheries resource under the Fisheries Act 1996, and the petroleum resource under the Crown Minerals Act 1991.  In New Zealand, either a central or regional government agency authorises and manages the use of these “subsurface” resources, with statutory requirements for information applying to both a state agency (the resource manager) and to a private developer exploiting a resource. Public accountability for resource management is established through the provision of accurate and relevant information.
The thesis uses a natural resource law lens to examine the (usually) bilateral agreement between resource manager and resource developer. Such agreements take the form of a resource-use permit or licence. To ensure that the terms of the agreement are met, a resource user must regularly provide an agency with information (and data) on how a resource is exploited. Under each legislative regime, non-statutory information management tools such as adaptive management and technical peer review facilitate and provide oversight of the natural resource agreement. The thesis analyses these mechanisms including the use of technical modelling as a regulatory tool. Using regulation theory, the research also explores the influence of the regulatory relationship on the fulfilment of information provisions and the extent to which resource users are involved in rule development and resource co-management, revealing how information problems can arise with process informality and public accountability. 


The research is significant overall because increasing demands on natural resources mean accountable decision-making is increasingly expected. Justifiable and defensible reasons for decisions are vital to long-term sustainable resource management and to human survival and flourishing. While economic justifications for resource development remain relevant, the thesis demonstrates that equitable resource management that benefits multiple interests, including the rights of Māori in natural resources, is needed. 
Significantly, despite substantial advances in industrial-scale geothermal resource exploitation and significant developments in geothermal policy and rules in New Zealand, no thorough legal analysis of geothermal resource management law has occurred in recent decades. By using the geothermal resource as its main case study resource, this research fills a gap in the legal literature. A review of geothermal resources law is therefore valuable and timely in guiding the future management of geothermal resources into a low-carbon energy future.
Commonalities in information challenges across the three resources examined emphasise the key role of legal provisions for information broadly in natural resources law. As Aotearoa New Zealand proceeds with its largest suite of resource management law reform in thirty years, the key role of legal provisions for information in natural resources law must be realised. The study concludes that legal provisions for information in natural resources law must support multilateral interests, contain functional clarity, and provide formalised processes and links with meta-goals that reach beyond each legal regime’s purpose.

text: Information Requirements in Natural Resources Law: Geothermal, Fisheries and Petroleum Compared The purpose of this research is to demonstrate the key role of legal provisions for information in natural resource law, particularly legal provisions within a resource manager and resource developer relationship.  Using three legislative regimes, the research examines and compares information provisions’ functions substantively and procedurally. The research shows that limitations in existing provisions for information under these regimes provide important lessons for articulating optimum legal characteristics for information provisions in natural resources law for the future. The main research question: What legal characteristics are desirable in information requirements for managing natural resources? guides the analysis.
Information is at the heart of natural resource decision-making. Information provisions are instrumental in assessing the practical, economic and legal feasibility of resource development and in gauging a resource developer’s compliance with law. To understand what legal characteristics are desirable in information provisions, the thesis compares the management of three natural resources: the geothermal resource under the Resource Management Act 1991, the ocean fisheries resource under the Fisheries Act 1996, and the petroleum resource under the Crown Minerals Act 1991.  In New Zealand, either a central or regional government agency authorises and manages the use of these “subsurface” resources, with statutory requirements for information applying to both a state agency (the resource manager) and to a private developer exploiting a resource. Public accountability for resource management is established through the provision of accurate and relevant information.
The thesis uses a natural resource law lens to examine the (usually) bilateral agreement between resource manager and resource developer. Such agreements take the form of a resource-use permit or licence. To ensure that the terms of the agreement are met, a resource user must regularly provide an agency with information (and data) on how a resource is exploited. Under each legislative regime, non-statutory information management tools such as adaptive management and technical peer review facilitate and provide oversight of the natural resource agreement. The thesis analyses these mechanisms including the use of technical modelling as a regulatory tool. Using regulation theory, the research also explores the influence of the regulatory relationship on the fulfilment of information provisions and the extent to which resource users are involved in rule development and resource co-management, revealing how information problems can arise with process informality and public accountability. 


The research is significant overall because increasing demands on natural resources mean accountable decision-making is increasingly expected. Justifiable and defensible reasons for decisions are vital to long-term sustainable resource management and to human survival and flourishing. While economic justifications for resource development remain relevant, the thesis demonstrates that equitable resource management that benefits multiple interests, including the rights of Māori in natural resources, is needed. 
Significantly, despite substantial advances in industrial-scale geothermal resource exploitation and significant developments in geothermal policy and rules in New Zealand, no thorough legal analysis of geothermal resource management law has occurred in recent decades. By using the geothermal resource as its main case study resource, this research fills a gap in the legal literature. A review of geothermal resources law is therefore valuable and timely in guiding the future management of geothermal resources into a low-carbon energy future.
Commonalities in information challenges across the three resources examined emphasise the key role of legal provisions for information broadly in natural resources law. As Aotearoa New Zealand proceeds with its largest suite of resource management law reform in thirty years, the key role of legal provisions for information in natural resources law must be realised. The study concludes that legal provisions for information in natural resources law must support multilateral interests, contain functional clarity, and provide formalised processes and links with meta-goals that reach beyond each legal regime’s purpose.

year: 2022

title: Aspects of the biology of the freshwater crayfish Paranephrops Planifrons White in Lake Rotoiti

authors: Devcich, Alan A.

subjects: Freshwater Crayfish

abstract: Aspects of the biology of Paranephrops planifrons White in Lake Rotoiti were studied and comparisons made with P. planifrons inhabiting neighbouring Lakes Okataina and Rotorua. Two migrations upwards occurred, in spring and summer, the first thought to be associated with temperature and egg-hatching, the second due to hypolimnetic deoxygenation. Hence in late summer and early autumn crayfish were concentrated above and within the thermocline. Movement downwards occurred in early winter, after lake turnover and this was thought to be associated with gonad maturation, induced by low temperatures and shorter photoperiod. During winter crayfish distributed evenly over the lake floor. There were two breeding seasons, in late autumn and winter (the larger of the two) and late spring and summer. Lake Okataina P. planifrons bred annually, during late autumn and winter, and showed no apparent seasonal movement patterns. Moulting occurred during the warmer months.

Average densities of 0.030, 0.014 and 0.003 adult crayfish/m. ² were calculated for Lakes Rotoiti, Okataina and Rotorua respectively. In these populations a broad inverse relationship was found between density and mean population size, for individual sizes were small in Wright’s Bay, Rotoiti compared to those in Lakes Okataina and Rotorua and other parts of Rotoiti. Sizes of males and females were not significantly different and mean size was constant throughout all depths. Sex ratios of 1.9:1 and 2.3:1 in favour of males were found in Lakes Rotoiti and Okataina respectively. Stomach content analyses revealed that the diet was mainly detritus, but also included animal remains and vascular plant material. Sediment analyses showed that food quality was essentially the same at all depths. Feeding was continuous at depths greater than 20m. but in shallower water it took place only at night. It appeared that P. planifrons does not display homing and the home range is extensive. Observations revealed that territorial behaviour occurred and males were not dominant over females, although larger crayfish were dominant over smaller animals.

text: Aspects of the biology of the freshwater crayfish Paranephrops Planifrons White in Lake Rotoiti Aspects of the biology of Paranephrops planifrons White in Lake Rotoiti were studied and comparisons made with P. planifrons inhabiting neighbouring Lakes Okataina and Rotorua. Two migrations upwards occurred, in spring and summer, the first thought to be associated with temperature and egg-hatching, the second due to hypolimnetic deoxygenation. Hence in late summer and early autumn crayfish were concentrated above and within the thermocline. Movement downwards occurred in early winter, after lake turnover and this was thought to be associated with gonad maturation, induced by low temperatures and shorter photoperiod. During winter crayfish distributed evenly over the lake floor. There were two breeding seasons, in late autumn and winter (the larger of the two) and late spring and summer. Lake Okataina P. planifrons bred annually, during late autumn and winter, and showed no apparent seasonal movement patterns. Moulting occurred during the warmer months.

Average densities of 0.030, 0.014 and 0.003 adult crayfish/m. ² were calculated for Lakes Rotoiti, Okataina and Rotorua respectively. In these populations a broad inverse relationship was found between density and mean population size, for individual sizes were small in Wright’s Bay, Rotoiti compared to those in Lakes Okataina and Rotorua and other parts of Rotoiti. Sizes of males and females were not significantly different and mean size was constant throughout all depths. Sex ratios of 1.9:1 and 2.3:1 in favour of males were found in Lakes Rotoiti and Okataina respectively. Stomach content analyses revealed that the diet was mainly detritus, but also included animal remains and vascular plant material. Sediment analyses showed that food quality was essentially the same at all depths. Feeding was continuous at depths greater than 20m. but in shallower water it took place only at night. It appeared that P. planifrons does not display homing and the home range is extensive. Observations revealed that territorial behaviour occurred and males were not dominant over females, although larger crayfish were dominant over smaller animals.

year: 1974

title: Taku Kuru Pounamu

authors: Pihama, Leonie

abstract: ‘Taku kuru pounamu’ (My precious adornment) is a whakataukī that speaks of a child who is loved and cherished by their whānau. It represents for us the essence of this publication, an expression of the collective wisdom and values of our ancestors, and the adoration that we have for our tamariki. A selection of whakataukī, or ancestral sayings, form the basis of this publication. Each whakataukī reflects the centrality and importance of children in the Māori world. They also give insights into practices that uplift our tamariki, mokopuna and wider whānau.
‘Taku kuru pounamu’ was born out of the research project ‘Tiakina Te Pā Harakeke’ which explores the mana of te pā harakeke, the collective values that nourish all whanau members. ‘Tiakina Te Pā Harakeke’ provided an opportunity to investigate and understand more fully our knowledge, beliefs and practices relating to whānau, and more specifically childrearing, in the Māori world. What we found was confirmation that our own tikanga, our cultural practices, are about enhancing the well-being of tamariki as taonga within our whānau, hapū and iwi.
This is a small selection of whakataukī. Many of them remind us that we need to be mindful of our actions. We must always treat each other with care and respect, especially our children. Our actions should ensure the safety and well-being of our tamariki, mokopuna, and whānau, and should never be harmful. These are critical messages passed to us by our tūpuna. These ancestral messages provide us with examples of traditional childrearing philosophies and practices.
Many valuable lessons are encoded in the language of whakataukī and in this publication we touch on but a few. In deciding which whakataukī should feature, it was important for us to acknowledge the voices of those who contributed to ‘Tiakina Te Pā Harakeke’ and to include, where possible, whakataukī shared with us by kaumātua during our interviews. A number of other whakataukī pertinent to the whānau context, have also been included as examples of how we can draw upon ancestral knowledge to support the care and nurturing of our tamariki and mokopuna today. While there is a wealth of whakataukī worthy of inclusion in this publication, many were unable to be included, due to the timeframe of the publication.
We hope that we have done justice to those whakataukī that have been included in this publication. We set out with a goal to share positive, culturally enriched and effective approaches to childrearing as defined and practiced by our tūpuna. It is our sincere hope that we have done this and that applying the cultural knowledge embodied in these whakataukī will enrich and enhance the experiences of our tamariki, mokopuna and whānau.
These are gifts of mana left to us by our tūpuna to share with present and future generations.

text: Taku Kuru Pounamu ‘Taku kuru pounamu’ (My precious adornment) is a whakataukī that speaks of a child who is loved and cherished by their whānau. It represents for us the essence of this publication, an expression of the collective wisdom and values of our ancestors, and the adoration that we have for our tamariki. A selection of whakataukī, or ancestral sayings, form the basis of this publication. Each whakataukī reflects the centrality and importance of children in the Māori world. They also give insights into practices that uplift our tamariki, mokopuna and wider whānau.
‘Taku kuru pounamu’ was born out of the research project ‘Tiakina Te Pā Harakeke’ which explores the mana of te pā harakeke, the collective values that nourish all whanau members. ‘Tiakina Te Pā Harakeke’ provided an opportunity to investigate and understand more fully our knowledge, beliefs and practices relating to whānau, and more specifically childrearing, in the Māori world. What we found was confirmation that our own tikanga, our cultural practices, are about enhancing the well-being of tamariki as taonga within our whānau, hapū and iwi.
This is a small selection of whakataukī. Many of them remind us that we need to be mindful of our actions. We must always treat each other with care and respect, especially our children. Our actions should ensure the safety and well-being of our tamariki, mokopuna, and whānau, and should never be harmful. These are critical messages passed to us by our tūpuna. These ancestral messages provide us with examples of traditional childrearing philosophies and practices.
Many valuable lessons are encoded in the language of whakataukī and in this publication we touch on but a few. In deciding which whakataukī should feature, it was important for us to acknowledge the voices of those who contributed to ‘Tiakina Te Pā Harakeke’ and to include, where possible, whakataukī shared with us by kaumātua during our interviews. A number of other whakataukī pertinent to the whānau context, have also been included as examples of how we can draw upon ancestral knowledge to support the care and nurturing of our tamariki and mokopuna today. While there is a wealth of whakataukī worthy of inclusion in this publication, many were unable to be included, due to the timeframe of the publication.
We hope that we have done justice to those whakataukī that have been included in this publication. We set out with a goal to share positive, culturally enriched and effective approaches to childrearing as defined and practiced by our tūpuna. It is our sincere hope that we have done this and that applying the cultural knowledge embodied in these whakataukī will enrich and enhance the experiences of our tamariki, mokopuna and whānau.
These are gifts of mana left to us by our tūpuna to share with present and future generations.

year: 2015