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Regulating Tangaroa´s Realm: A comparative study of legal issues affecting the offshore exploration and development of energy and mineral resources in New Zealand

The key question this research will address is: what are the characteristics of a successful legal framework to regulate the offshore exploration and development of energy and mineral resources in New Zealand’s Exclusive Economic Zone (EEZ) and Extended Continental Shelf (ECS)? The research will include a substantial comparative element making particular reference to the law of the European Union (EU) and Germany.

In addition to the central question there are a number of related questions:

1. What is the current legal framework with regard to New Zealand’s regulation of energy and mineral resources within the EEZ and ECS? Does it address the issues of increasing conflicts for use between potentially competing energy and resource uses and users? Who/what are these competing users and uses and technologies, now and in the future? What are the short/medium/ long term economic effects of these activities? How are these likely to affect the type of legal regime that could be put in place.

2. What are the international legal frameworks that apply to New Zealand’s jurisdiction in the EEZ and ECS areas? How do they relate to the exploration and development of the energy and mineral resources of the EEZ and the ECS? How do these national and international frameworks apply to the objective of sustainable development in New Zealand’s oceans and coastal marine area and the UNCLOS requirement of “protection and preservation of the marine environment”? How does the new Exclusive Economic Zone Extended Continental Shelf (Environmental Effects) Act 2012 propose to ‘avoid, remedy or mitigate the adverse environmental effects’ of oil and gas drilling, sand mining, marine energy?

3. What role does Integrated Coastal Zone Management play in this scenario i.e. who are the stakeholders? Are they relevant, and if so why? What are the implications for Maori in the exploration and development of the EEZ and ECS, does the Treaty of Waitangi apply? What are the implications of the recently enacted Marine and Coastal (Takutai Moana) Act?

4. How have other countries addressed these issues? Could legal frameworks implemented in other countries (European Union, Germany and the Netherlands) apply in New Zealand?

Methodology
A comparative law methodology will be used as a means to make as meaningful and accurate as possible analysis of the different legal frameworks and their application to the issues that need to be addressed within the topic. It is expected that this analysis will “highlight[s] how two [or more] countries develop policy in light of evolving uses of offshore space and resources." As a part of the comparative analysis there will be some discussion as to how a specific country’s ‘cumulative culture’ – constitutional, legal, social, economic, historical and cultural - plays a part as to what type of legal regime is put in place and whether or not it works.

Current stage of work
  • Research and a literature review on comparative law as a methodology and its importance and relevance to the topic.
  • Research and writing on the relevance of ‘Tangaroa’ within the title name and why this is particularly important to Maori.
  • Research, literature review and writing on historical and current legislative framework of regulating New Zealand’s EEZ and ECS.
  • have recently started research the international law tools used for regulating the oceans, the historical background to them, their effectiveness and relevance to New Zealand and Germany. In particular the importance of UNCLOS and the EU Marine Strategic Framework Directive.

Members

Proponents:Prof. Dr. Barry BartonUniversity of Waikato
:Prof. Dr. Gerd WinterUniversity of Bremen
PhD Candidate:Ingrid LeersnyderUniversity of Waikato

Publications

Leersnyder, I. (2008), Free for All or User Pays? Assessing the Difficulties of Charging for Private Commercial Use of the Coastal Commons in New Zealand,) New Zealand Journal of Environmental Law, 12.

Leersnyder I., and H. Leersnyder, (2009), Auckland Marinas’ Occupation Charges – Tacking Against the Tide!” Paper presented at Coasts & Ports Conference, Wellington, September 2009

Miscellaneous

N / A