Wagner Nicky: Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill — In Committee 
Text is incorporated into the Bound Volume 
Wagner Nicky: Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill — In Committee 
[Sitting date: 21 August 2012. Volume:683;Page:4597. Text is incorporated into the Bound Volume.] 
NICKY WAGNER (National—Christchurch Central) 
: 
 I am standing to support Part 2 of this bill the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill. Part 2 as we have heard covers the making of regulations and the processes around marine consents hearings and decision making. We received a number of submissions on these issues and we did make some minor amendments to the bill. The Minister for the Environment has also made further changes in her Supplementary Order Paper 100. 
The regulation-making powers in this part are modelled on section 43 of the Resource Management Act. The Local Government and Environment Committee believes that it sets out clear limits for the use of regulations. The Regulations Review Committee has reviewed the legislation has ticked it off across its lists of what regulations should be and has signed it off. We are familiar through the Resource Management Act with the three classifications. They are of course permitted activities discretionary activities and prohibited activities—the default in this case being “discretionary” unless permitted by a marine consent or by a specified exemption. Because of the lack of information about the exclusive economic zone and the continental shelf and the nature of the emerging technologies that may be used to look at resources in that area this bill seeks to favour caution and environmental protection. 
There were several submissions concerning consultation requirements around the making of regulations because some people considered that the terms were too narrow. However the consultation requirements on regulations are flexible and they are flexible for a purpose. They are flexible so that the Minister can tailor the consultation to suit the significance of the proposed regulations. For example consultation on the first sets of regulations may be much more robust and more comprehensive than perhaps on some more minor regulatory changes later on. At a minimum the Minister must notify and allow the opportunity for comment from the public iwi authorities and persons with existing interests who are likely to be affected by the regulations. The select committee subsequently made amendments to add the requirement for regional councils to be directly notified because of course regional councils are responsible for the 12-mile zone in their coastal plans. As I said before this bill is predicated on caution because of the size of the exclusive economic zone the unknown qualities of our waters and the new and emerging technologies that may be used to access the resources. 
In making the regulations the Minister must take into account a very comprehensive list of requirements. The Minister must take into account effects on the environment effects on existing interests cumulative effects and effects that may occur in New Zealand—the land of New Zealand—or even in the waters beyond the exclusive economic zone and continental shelf. The Minister must also take into account effects on human health and the importance of protecting biological diversity and the integrity of marine species and ecosystems. Also he or she must be aware of the importance of protecting rare and vulnerable ecosystems and the habitats of threatened species. Of course we must take into account New Zealand’s international obligations and look at the economic benefit to New Zealand of an activity and the efficient use and development of natural resources. The Minister must also consider the nature and effect of other marine management regimes best practice in relation to the industry involved or the activity involved and in relation to whether that activity is permitted or discretionary the desirability of allowing the public to be heard in relation to the activity or type of activity. And finally—a catch-all—the Minister must take into account any other relevant matter. So you can see that it is a very comprehensive list and this is the list that will inform good regulation. 
Part 2 also covers the processes around marine consents. The select committee looked at these consents and added the requirement that the Minister must have regard to public interest when being heard in relation to marine consent applications and for any marine consent hearings we also added the ability to allow the questioning of a party or witness by the leave of the Environmental Protection Authority. Part 2 also provides rules around the timing and notices required for hearings and the Minister’s Supplementary Order Paper tightens that up further by providing a time limit for a hearing to be completed and that is 40 working days. Of course there is a significant amount of work to be done to develop these regulations under this legislation but we believe that Part 2 provides a robust and sensible framework for this work to begin. Thank you.