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New Zealand - July 26, 2002 Source:  FIS

Aquaculture law reform underway


New Zealand is moving fairly rapidly towards new legislation to organise and co-ordinate the development of aquaculture. At present officials are working with the Parliamentary Counsel to prepare a new bill, which should be presented to Parliament in September or October 2002.

The government recognises that aquaculture has a very promising future, but needs to be


Mussel harvesting at Stewart Island.
(Photo:Islands.co.nz)

controlled and developed carefully otherwise it could have a negative effect.

The main obstacle is the conflict between several pieces of legislation. Stan Crothers, Ministry of Fisheries Deputy Chief Executive and chairperson of the joint management forum, said: "Two key pieces of legislation, the Fisheries Act and the Resource Management Act are meeting head on. There are clashes between incompatible rights and the central and regional government bureaucracies. The bottom line is that the legal framework doesn’t provide for the sustainable and orderly development of the aquaculture industry."

He pointed out that it was this situation that led to the moratorium, which aimed to give the industry time to move from the old to the new regime.

To draft the new legislation major government departments – Fisheries, Environment, Conservation, Treasury and Te Puni Kokiri - have been working together. "It is like a virtual government department," continued Mr Crothers. "We manage it so the process is seamless, and is not characterised by the turf wars that inevitably go on in other cross-government processes."

He added that there was also excellent co-operation at the ministerial level.

The key points of the aquaculture reform are:

  • Aquaculture Management Areas (AMA’s) will be established under the Resource Management Act coastal plans. New aquaculture developments will take place within these AMAs
  • The process to establish AMAs will require regional councils to consider all their effects on the environment and other users.

One constraint on the establishment of AMAs is that they should not put the settlement of Maori customary and commercial fisheries claims at risk. Another is that they should not undermine the management regime New Zealand has established for its fisheries.

Once the bill has passed Parliament, the government agencies will work with regional councils on an implementation strategy. This will involve designing a process and computer system to make the reforms happen.

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