This page provides an overview of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012. It includes changes to the Act since it came into force and local government’s role under the Act.
Link to the Act
- Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 [New Zealand Legislation website]
The Act came into force on 28 June 2013 when the first set of regulations under the Act was made.
What the Act does
The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (the Act) assists with the sustainable management of natural resources in the exclusive economic zone (EEZ) and continental shelf. It does this by allowing for the regulation of certain activities that were previously unregulated in the EEZ and continental shelf.
Responsibilities for functions under the Act
Ministry for the Environment
The Ministry for the Environment is responsible for the Act, development of regulations and for providing policy advice on the legislation.
Environmental Protection Authority
The relevant marine consent authority (Environmental Protection Authority (EPA) or Board of Inquiry) makes decisions on marine consent applications. The EPA is responsible for the day-to-day operation of the legislation, including monitoring and enforcement.
For more information on the EPA's role see the web page Exclusive economic zone and continental shelf [Environmental Protection Authority website].
The Act does not alter regional councils’ functions in the territorial sea under the RMA. Where an activity spans the boundary between the territorial sea (within 12 nautical miles of shore) and the EEZ, the legislation provides for joint decision-making between the regional council (under the RMA) and the marine consent authority (under the EEZ Act).
Additionally, the Minister for the Environment is required to notify regional councils when developing regulations and the EPA is required to notify regional councils whose regions may be affected by a specific application for a discretionary marine consent.
Geographical area covered by the Act
Exclusive Economic Zone
The EEZ is the area of ocean extending between 12 and 200 nautical miles from shore including the seabed and subsoil.
The continental shelf is the seabed and subsoil of submarine areas extending out to the continental margin.
The Act does not apply to the coastal marine area (the area within 12 nautical miles of shore). This is regulated under the Resource Management Act 1991.
Activities and effects covered by the Act
The Act applies to the effects on the environment and existing interests of a specific list of activities that were not previously regulated in the EEZ or continental shelf. This includes some aspects of seabed mining and petroleum exploration and extraction, energy generation, and carbon capture and storage.
In the Act, an ‘effect’ refers to:
- any positive or adverse effect; and
- any temporary or permanent effect; and
- any past, present, or future effect; and
- any cumulative effect that arises over time or in combination with other effects; and
- any potential effect of high probability; and
- any potential effect of low probability that has a high potential impact.
How the Act provides for the Treaty relationship
The Act explicitly recognises the Crown’s responsibility to give effect to the principles of the Treaty of Waitangi (section 12 of the Act).
The following provisions exist for Treaty and Māori interests to be recognised and for Māori to participate in the marine consent process.
- The EPA’s Māori Advisory Committee is able to provide advice and assistance to the marine consent authority on matters of policy, process and decision-making.
- The EPA Act requires at least one member of the EPA to have knowledge and experience relating to the Treaty and tikanga Māori.
- When appointing a person to a Board of Inquiry, the Minister must consider the need to have available (among other things) knowledge, skill and experience relating to tikanga Māori.
Existing interests include:
- the settlement of a historical claim under the Treaty of Waitangi Act 1975
- the settlement of a contemporary claim under the Treaty as provided for in an Act, including the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992
- a protected customary right or customary marine title recognised under the Marine and Coastal Area (Takutai Moana) Act 2011.
- The Act therefore requires decision-makers to consider Treaty settlements and customary marine title granted under the Marine and Coastal Area (Takutai Moana) Act 2011.
- Discretionary marine consent applications are publically notified.
- Copies of applications for discretionary and non-notified discretionary marine consents are served to iwi authorities and marine customary title-holders likely to be affected by the application.
- The Minister is required to establish and use a process that gives iwi adequate time and opportunity to comment on the subject matter of proposed standards and regulations.
For more information see the Treaty of Waitangi website.
Changes to the Act since it was introduced
Three amendments to the EEZ Act have been passed by Parliament.
These are the:
- Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Act 2013 [New Zealand Legislation website]
- Exclusive Economic Zone and Continental Shelf (Environmental Effects) (Transitional Provisions) Amendment Act 2015 [New Zealand Legislation website]
- Resource Legislation Amendment Act 2017 [New Zealand Legislation website]
The EEZ Amendment Act introduced a non-notified discretionary classification. It also transfered regulation of the discharge of harmful substances and the dumping of waste from the Maritime Transport Act 1994 to the EEZ Act.
The EEZ Transitional Provisions Amendment Act addressed an issue with the transitional provisions in section 162 of the EEZ Act.
The Resource Legislation Amendment Act came into force on 1 June 2017 and introduces a number of amendments to the EEZ Act.
- aligning certain marine consent processes with the RMA process for nationally significant proposals
- a new tool for national direction
- new requirements specifically addressing decommissioning
- amendments to existing provisions, including transitional and enforcement provisions.
Parliament is currently considering another amendment to the Act. The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Amendment Bill is related to the marine consent processes that were changed as part of the Resource Legislation Amendment Act. It will make sure that people who have marine consent applications determined under the new process will still pay for the costs of their applications being considered.
See Impact summary Cost recovery of Boards of Inquiry appointed under the EEZ Act
How the Act deals with the lack of comprehensive environmental information in the EEZ
The decision-making framework for the legislation acknowledges that there is limited information about the EEZ and continental shelf environment and new technologies which may be employed there. Decision-makers are required to take into account the best available information, consider any uncertainty or insufficiency in the available information and exercise caution when information is uncertain or insufficient.
How the Act interacts with existing regulation in the EEZ
Regulations under the Act fill the gaps in the regulation of the EEZ and continental shelf. They do not override existing regulation which includes the following.
- The Fisheries Act 1996 regulates the environmental effects of fishing.
- The Health and Safety in Employment Act 1992 covers the management of health and safety risks and inspections of offshore petroleum structures.
- Marine Protection Rules under the Maritime Transport Act 1994 covers marine pollution from oil spills.
- The Marine Mammals Protection Act 1978 makes provision for the protection, conservation, and management of marine mammals within New Zealand and within New Zealand fisheries waters.
- The Wildlife Act 1953 relates to the protection and control of wild animals and birds.
- The Biosecurity Act 1993 provides for the management of biosecurity risks in the EEZ.
- The Crown Minerals Act 1991 and Continental Shelf Act 1964 relate to the allocation of permits for prospecting, exploration and extraction.
Appeal rights under the Act
There are appeal rights on points of law to the High Court against the decision to grant or decline a discretionary marine consent, the conditions placed on a marine consent, and any decision to review or cancel a marine consent. Applicants and submitters may appeal decisions on discretionary marine consents and applicants may appeal decisions on non-notified discretionary marine consents.
Find out more
Resource Management Act 1991 [New Zealand Legislation website]
Ministers’ media releases on Beehive website
Environmental protection law for oceans announced June 2011 [Beehive website]