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5 Legislative options

5.1 The form the legislation takes depends on the final contents of the policy and the administrative requirements. The two broad options are to amend an existing statute or create new stand-alone legislation.

Option 1: Amend an existing statute

Territorial Sea, Contiguous Zone and Exclusive Economic Zone Act 1977 (TSCZEEZ)

5.2 The primary purpose of the TSCZEEZ Act is to establish the various zones in New Zealand’s marine jurisdiction. Although the Act is not designed to approve individual activities or regulate environmental effects, it does have catch-all regulation-making powers. These powers could be extended to enable regulations covering the proposals in this paper.

Maritime Transport Act 1994

5.3 Rules under the Maritime Transport Act 1994 already provide for a range of environmental controls and consultation requirements, such as control of discharges from offshore installations and sea disposal of waste.

5.4 Amendments in 2004 broadened the scope of the Act to include the objectives of “protecting and promoting public health” and “ensuring environmental sustainability”. Maritime New Zealand is also now responsible for “protection of the marine environment in and beyond New Zealand”. Amendments to section 36 of the Act now contemplate maritime rules relating to other matters including “assisting economic development”.

5.5 An option is to establish further rules under this Act (after any required changes to the rule-making powers) to provide for the proposals in this paper.

Option 2: Stand-alone new legislation

5.6 An approval and effects management regime could be delivered through new legislation.

Question 31: Do you consider the regime should be in separate legislation or should be incorporated in existing legislation?

Transitional provisions

5.7 New legislation would have to provide for transferring into the proposed new regime any activities currently being undertaken that would require an EEZ consent. This can be done in a number of ways, such as through “sunset clauses” on approvals under old legislation, a period of time to obtain approval under new laws, or deemed acceptance into the new system.