Compared with many countries, New Zealand has one of the longest coastlines, a wider variety of marine habitats, and a greater diversity of marine wildlife.

An objective of the New Zealand Biodiversity Strategy (NZBS) is to expand the network of marine protected areas (MPAs), using marine reserves and other forms of legal protection, so that it fully represents the range of New Zealand's coastal and marine ecosystems and habitats. By 2010, the government aims to have protected 10 per cent of the marine environment.

A policy statement and implementation plan for establishing a fully representative marine protected areas (MPA) network is being developed by the Department of Conservation and the Ministry of Fisheries. See MPA Consultation for more information.

The MPA network will use a variety of tools. The exact mix is yet to be determined and will evolve over time, but broadly it will comprise the tools listed below:

Marine reserves
Marine reserves provide the highest level of protection of the marine environment within their boundaries. A review of the Marine Reserves Act 1971 is being undertaken. The Marine Reserves Bill was introduced to Parliament in October 2002, and at November 2004 was with a select committee.

The Bill aims to address a number of deficiencies in the existing legislation. It makes provision for recognising Treaty of Waitangi obligations, it links up with more recent environmental legislation, and it will allow marine reserves to be created within the New Zealand's exclusive economic zone (EEZ).

Fisheries Act tools
The purpose of the Fisheries Act 1996 is to provide for utilisation of fisheries resources while ensuring sustainability. Ensuring sustainability includes avoiding, remedying or mitigating any adverse effects of fishing on the aquatic environment. Utilisation is defined as conserving, using, enhancing and developing fisheries resources to enable people to provide for their social, economic, and cultural well being.

In addition, the Act's environmental principles provide that:

• associated or dependent species should be maintained above a level that ensures their long term viability;
• biodiversity of the aquatic environment should be maintained; and
• habitats of particular significance for fisheries management should be protected.

Fisheries tools contributing to the MPA network need to be used in a manner consistent with the Fisheries Act 1996. Total fisheries closures under the Fisheries Act 1996 protect marine habitats from impacts associated with fishing. Partial fishing closures provide more targeted protection from particular fishing methods (e.g. restrictions on bottom impacting fishing methods), or apply during particular seasons. Therefore, if an area is a priority for protection but is not impacted on by fishing, a Fisheries Act tool is unlikely to be the most appropriate choice.

In some cases voluntary agreements are used as an alternative to a regulated closure. In considering if such an agreement could also contribute towards the MPA network, the extent to which all fishers operating in the area signed up to the agreement (and could demonstrate an adequate level of compliance) would be important, together with the extent to which the restrictions adequately protect the biodiversity values of the site. Mätaitai Reserves, Taiapure and Section 186 closures provide for customary Maori use and management practices rather than to protect biodiversity at the habitat and ecosystem level. However, they could potentially have the effect of protecting biodiversity (e.g. if they included a reasonable sized no-take or highly restricted take area). Including such areas in the MPA network would require consultation with, and agreement from, tangata whenua.

Resource Management Act tools
Areas of significant conservation value are identified in some regional coastal plans. These areas could potentially be identified for MPAs if they fall within national priorities. Conversely future MPAs could be added to regional coastal plans.

Regional coastal plans must not be inconsistent with the New Zealand Coastal Policy Statement (NZCPS). NZCPS policy 1.1.2 states that it is a national priority to "protect areas of significant vegetation and significant habitats of indigenous fauna" in the coastal environment. 1.1.2 (a) states that councils must avoid adverse effects on vulnerable species or nationally outstanding indigenous ecosystems. 1.1.2 (b) then requires councils to avoid or remedy adverse effects on other regionally outstanding and rare ecosystem types. Zoning has been the key tool in which policy 1.1.2 has been given effect to in regional coastal plans, with areas containing ecosystem types listed in 1.1.2 (a) and (b) having the most restrictive controls on use and development.

Resource Management Act tools are vital for controlling activities outside the MPA that will impact on biodiversity in the MPA. For example control of catchment activities including land use and discharges for a river that feeds into an estuary may be as important as controlling activities in the estuary itself.

Marine parks
Marine parks restrict particular activities (e.g. marine dumping, bottom impacting fishing methods), and may include a small no fishing area. Some of the restrictions in the area may already be in place under other legislation like the Fisheries Act. Examples include the Hauraki Gulf Marine Park and the Sugarloaf Islands Marine Protected Area. It may be that parts of existing parks with the greatest restrictions in place, rather than the whole park, protect biodiversity to a sufficient level to be included in the network.

Other tools
Marine mammal sanctuaries are set up under the Marine Mammals Protection Act 1978 (administered by the Department of Conservation) to protect marine mammals. The MPA policy concerns protection of habitats and ecosystems, rather than particular species. Nevertheless, marine mammal sanctuaries could contribute to the network where measures to protect against threats to a marine mammal have the effect of protecting the marine biodiversity of the habitat or ecosystem in the area. This may be the case particularly where sanctuaries are combined with other management tools like fisheries restrictions.

Wildlife refuges, sanctuaries and management reserves are established under the Wildlife Act 1953 to protect particular species and their habitats in a defined area. Establishment of wildlife refuges, sanctuaries and management reserves would not be influenced by this policy as they are targeted at specific species and their habitats. Nevertheless, where refuges, sanctuaries and management reserves are established, they be included in the network if the measures to protect the wildlife have the effect of protecting the marine habitats and ecosystems in the area.

Both national parks and reserves (under the Reserves Act) can include intertidal areas. Some types of parks and reserves provide a high level of protection and could count towards the network if they are of sufficient size.

Cable protection zones
Cable protection zones established under the Submarine Cables and Pipelines Protection Act 1996 are another example of a management tool that is not used for the purpose of protecting marine habitats and ecosystems. However, in preventing all marine based activity that may threaten cables, they also prevent most marine based activities that may threaten habitat and ecosystem biodiversity values-except for cable laying and maintenance activities. If the degree of protection is sufficient such areas could contribute to the MPA network.

Last revised 18/11/2004