Explainer: Marine Guardians and the 50-year-old Marine Reserves Act

Thursday, 6 June 2019

Prime Minister Jacinda Ardern has met with a group of teenagers calling for Marine Guardians in the Marlborough Sounds, who could essentially cut through the red tape of legislation.

Ardern loved their passion but said it was complicated - exactly what the students want to change.   

What does marine protection look like in New Zealand? 

There are two main forms of marine protection in New Zealand. 

The first is very specific, and comes under the almost 50-year-old Marine Reserves Act. This is about the creation of marine reserves which are 'no take areas'. This means they exclude commercial and recreational fishing. 

**READ MORE:

* Conservationists win battle over Government's 'fishing whoppers'

* Young Marlborough marine team vow to 'stay strong' on Sounds protection

* Marlborough students push on with marine protection battle for the Sounds**

​About 0.5 per cent of New Zealand's marine and coastal area is covered by the strictest international definition of 100 per cent 'no-take' marine reserves.

The second option for marine conservation is found in many other pieces of legislation. The Resource Management Act offers some marine protection through management of land-based practises, such as forestry. Most resource management decisions are made at a local level.

The Fisheries Act supports 'exploited' populations by protecting their food and habitat. ​The Coastal Policy Statement has clear statements about protection and conservation and links to the Marine Reserves Act. 

Nearly 30 per cent of New Zealand's marine and coastal area is protected in some way, if these other measures are considered.

Why do some say it's outdated? 

University of Auckland head of marine science Professor Simon Thrush said the Marine Reserve Act had not kept up with marine ecology and marine conservation research. 

The Marlborough Girls' College marine team said the act was 'restrictive and outdated'.

'You can't work with something that was meant for a different era when everything has changed so much,' they said. 

Conservation minister Nick Smith said in 2014 the process for creating marine reserves was 'a complete dog'. At the time, he said the act only provided marine reserves for a narrow purpose of scientific study. 

In January 2016, the National government proposed an overhaul which included turning the Marlborough Sounds into a recreational fishing park. Their proposed legislation, the Marine Protected Areas Act, offered a suite of protection mechanisms such as marine reserves, species-specific sanctuaries, seabed reserves, recreational fishing parks.

However, they faced backlash from environmentalists because it offered protection only in New Zealand's territorial seas, not the wider exclusive economic zone. This proposal had been stagnant since the change in leadership. 

What is the marine team proposing?

The marine team has proposed a Marine Guardian body for the Marlborough Sounds. ​They have developed a model of Marine Guardians, who would have the statutory authority to run a marine protected area process within the region. 

Guardians would comprise iwi, central and local government appointees, and community-elected representatives, tasked to run an inclusive and time-bound consultation process. They would be supported by an advisory group, involving tangata whenua, fishers, tourism operators, local residents, youth, marine industries, and marine experts.

The guardians would prepare a spatial plan for ministerial approval, which would identify seabed reserves, species sanctuaries, recreational reserves, traditional Māori fishing reserves and no-take reserves.

They would also have the authority to implement measures to assist in the preservation, protection, and sustainable management of the marine environment. 

To achieve this, the marine team envisaged the guardians taking a collaborative, ecosystem-led approach, underpinned by long-term monitoring and research. The Marlborough District Council wrote to the Government supporting this idea. It gave more options and flexibility than the current act, the team said.  

What's been tried before?

The Hauraki Gulf Marine Park Act was passed in 2000 as a 'watch dog authority'. It included iwi, representatives from management agencies like fisheries, Department of Conservation and council. They produced science-based environment reports highlighting key marine issues. 

The Fiordland Marine Guardians was set up in 2005 under specific legislation which recognised the local, national and international importance of the Fiordland marine environment, including the distinct biological diversity, outstanding landscape and cultural heritage.

A ​marine guardians body was set up under the Kaikōura Marine Protection Act in 2014. The Kaikōura guardians known as Te Korowai were an 'integrated community group', who spent years planning, researching and consulting on a whale sanctuary, traditional Māori fishing reserves and marine sanctuaries before they approached the Government for legislation.

'It's been successful elsewhere, why can't it be successful here?' the marine team said. 

All the approaches share the same principle of getting people together, talking through the issues and taking action. 

What do others think about the marine team proposal?

Marlborough Marine Futures co-ordinator Peter Lawless said last year, the idea was not so far-fetched, with similarities to how the Great Barrier Reef was protected 40 years ago.

The students proposed that the Sounds Marine Guardians would have the power to form regulations, whereas other marine guardian bodies in New Zealand had only ever been advisory in nature, he said.

'This would be ground-breaking for New Zealand, but not for other places,' Lawless said. 

Marlborough Marine Futures chairman Eric Jorgensen said the essence of their model was sound at a local or regional level as a 'point-based' type solution.

'The whole thing that the girls' nailed is that the existing system and processes are too slow, too divorced from place and people and thus fail to recognise or respond to the connectivity that exists within our biophysical and people systems … 

'Existing management is too narrowly focused, too slow and this is now manifesting at an accelerating rate in our declining biodiversity. So placing timeframes and performance targets is a smart move also.'

Why are the marine team avid protection is needed?

The team said the Marlborough Sounds sustained them spiritually, culturally, socially and economically.  

'With the effects of climate change upon us, evident in marine heatwaves and increasing sea-surface temperatures, rising sea-levels, and ocean acidification, our marine environment needs much more holistic and effective leadership and management,' they said.  

'Marine habitats are being damaged and destroyed at alarming rates.'

How has marine life degraded in Marlborough?

The marine team, backed by Lincoln University environmental scientist Dr Steve Urlich, said Marlborough's marine environment was in 'ecological trouble'.

'Seabed disturbance, over-fishing and sedimentation from land, dredging, and trawling are all contributing to a widespread decline in the abundance and diversity of marine species,' the team said.

'Marlburians are seeing this in discoloured waters, and in declining blue cod, snapper, paua, scallop, herring, dolphin and king shag populations.

'Centuries-old fragile seabed habitats are still being damaged and destroyed by boat anchoring and fishing methods which contact the seabed.'