Dean Jacqui: Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill — Third Reading 
Text is incorporated into the Bound Volume 
Dean Jacqui: Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill — Third Reading 
[Sitting date: 28 August 2012. Volume:683;Page:4801. Text is incorporated into the Bound Volume.] 
JACQUI DEAN (National—Waitaki) 
: 
 I want to start my contribution to the third reading of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill by just reminding the House of the press release put out by the Parliamentary Commissioner for the Environment a couple of weeks ago where Dr Wright says that she is satisfied that the legislation will provide significant protection to New Zealand’s exclusive economic zone. She said: “I’m largely satisfied that this legislation now provides environmental protection to our oceans. … I would welcome this much needed legislation passing into law—it’s been a long time coming.” 
Maggie Barry 
: Table it. 
JACQUI DEAN 
: I seek leave to table this press release by the Parliamentary Commissioner for the Environment where she congratulates the Government on listening—[ 
Interruption 
] 
Mr DEPUTY SPEAKER 
: Order! 
JACQUI DEAN 
: —and congratulates the Government on its good legislation. 
Mr DEPUTY SPEAKER 
: I do not need assistance from the members who were calling out. We do not table press releases. 
JACQUI DEAN 
: Thank you Mr Speaker but I have it in my hand and I have it available for any members of the House opposite who would care to have a look at the parliamentary commissioner’s view which is a view that I value. In fact I have a colleague who would like to have it now. She is going to read it quietly to herself and pass it amongst her colleagues. 
Jan Wright is absolutely right. The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill is a good bill. It fills a regulatory gap that currently exists in managing the environmental effects of such activities as offshore mining petroleum exploration cable laying and also things like scientific research in the area 12 to 200 miles offshore. Finally we have a Government that is willing to address the regulatory gap the legislative gap that was left behind after the 9 years that the Labour-Green Government failed to even consider it—along with a lot of other things it failed to consider like water. This Government is not afraid to deal with the hard issues. Today we have brought to the House a bill that not only is widely supported in the community but has been given approval by the Parliamentary Commissioner for the Environment whose opinion I do value. 
This bill is not about pitting the economy against the environment; it is about responsible management of our oceans. In clause 11 the bill gives effect to our obligations under the United Nations Convention on the Law of the Sea to manage and protect the natural resources we have in the exclusive economic zone. It is worth noting also that the United Nations Convention on the Law of the Sea provides coastal States like New Zealand with exclusive rights over all resources in the exclusive economic zone while preserving pre-existing navigational rights—and that means peaceful passage—and other rights in these areas. So the United Nations Convention on the Law of the Sea is quite a wide agreement that we are giving effect to in this bill. 
The United Nations Convention on the Law of the Sea sets rules for activities like the conduct of scientific research and it also gives effect to duties regarding the management and conservation of fisheries and the protection of the marine environment. The Environmental Protection Authority will be the decision maker for all consents and all consent applications will be decided by that body within a statutory time frame of 6 months for the marine consent process. It was interesting that the previous but one speaker Rino Tirikatene from the Labour benches thinks it is good to look at these applications on a case by case basis. Well yes it is. The good news for that member is that the Environmental Protection Authority is the body that will be considering those applications. 
Although the bill sets up the general framework for the regulatory system specific controls and standards will be set out in subsequent regulation. There will be a transitional period enabling planned activities to proceed in the 2013-14 season. Regional councils will still be responsible under the Resource Management Act for regional coastal plans and consenting activities for up to 12 nautical miles offshore. 
The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill does not intend—never did intend—to be the Resource Management Act of the seas. The Resource Management Act was designed for predominantly land-based activities. Although this bill has adopted a similar purpose clause to that of the Resource Management Act—thanks to a good Minister who was prepared to listen to submissions—there are several reasons for a slightly different legislative approach. First of all the definition of “environment” is narrower in the bill than it is in the Resource Management Act. The Resource Management Act refers to physical resources like buildings and roads and also refers to people communities and things like amenity values and social conditions. The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill definition of “environment” refers only to the marine natural environment including its ecosystems. There is a fundamental difference on that which seems to have escaped the Labour members. 
Secondly there are our international obligations particularly those under the United Nations Convention on the Law of the Sea. The United Nations Convention on the Law of the Sea grants New Zealand limited sovereign rights and sets limits on what the Crown can regulate. For example the Crown has very limited abilities to interfere in marine scientific research carried out by foreign-flag ships. Clearly the Resource Management Act has not got sovereignty over this part of it so the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill has to provide for these activities to be permitted in accordance with the United Nations Convention on the Law of the Sea. Because the rules are set out in the United Nations Convention on the Law of the Sea the use of the Resource Management Act framework is clearly inappropriate in these activities. 
The exclusive economic zone area of ocean is 20 times New Zealand’s land area and offers us significant economic opportunities but we must also ensure that we have robust laws in place to protect the environment. The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Bill does just that and I commend it to the House. Thank you.