Possible Marine Park Legislation

An outline of how the Park might be managed follows. This is loosely based on the Hauraki Gulf Marine Park Act but it has been suggested a better option might be to amend the National Park Act so that it can include marine areas. Comments on this are welcome.

GOVERNANCE OF PARK

Regional and National Significance

1. The interrelationship between the coastal area of Auckland Region’s West Coast, the Waitakere Ranges, its sea, islands, intertidal areas and catchments and the ability to sustain the life supporting capacity of the this environment are matters of regional, and in some instances, national significance.
2. The life supporting capacity of this area provides for the historic, traditional, cultural, and spiritual relationship of the tangata whenua of the area and the social, recreational and cultural well being of people and communities for such activities.
3. There must be the capacity to maintain the soil, air, water, ecosystems, fauna and their habitat of the sea, islands, intertidal, shoreline, and coastal catchments.

Park Advisory/Management Board

It is proposed that an advisory or management board be established, similar to the previous Hauraki Gulf Park Board. This would work with the Parks Division of ARC, which would be the administering authority. The Board would have the management objectives as shown below. The board would consist of representatives appointed by:

Such appointees to serve for the term required by the participating party. No appointees shall be personally liable for any act done or omitted by the Board, or by a representative in good faith in the exercise of the functions, duties and powers of the Board.

Purpose of the Board

1. To promote integration of the management of the natural and physical resources of the West Coast, its sea, islands, intertidal area, shoreline, and coastal catchments, and promotes conservation within the Park in a sustainable manner.
2. To facilitate communications, co-operation, and co-ordination of organisations and parties controlling the waters within the Park and shoreline and terrestrial areas adjacent to the Park.
3. To recognise and have particular regard for the historic, traditional, cultural and spiritual relationship of tangata whenua to the Auckland Region West Coast, its islands, sea and its catchments.
4. To establish the West Coast Marine Park.
5. To establish objectives for the management of the sea, islands, intertidal areas, shoreline and coastal catchments.
6. To recognise and aim to protect in perpetuity the land and natural and historic resources within the Park, and to sustain the life supporting capacity of the soil, air, water, habitat and ecosystems within and adjacent to the Park. :
7. To aim to protect in perpetuity, and for their intrinsic worth, for the benefit and enjoyment of people and communities within the Auckland Region and nationally, the natural and historic resources, of the Park and adjacent areas including scenery, ecological systems and habitat, or natural features that are beautiful, unique or scientifically important.
8. Promote research projects to identify areas of high conservation value or important habitat. Following the creation of the Park and the completion of research projects promote additional protection using existing legislation or Council Plans and By laws. In the case of “no take” marine protected areas these are likely to be marine reserves, but in some instances Iwi initiatives such as rahui or maitaitai may be appropriate. In the case of shoreline areas it is proposed that these be protected as Coastal Protection Zones through Regional or Territorial Councils after consultation with Auckland and Waikato Regional Councils, Waitakere City, Rodney and Franklin District Councils, DoC, and Auckland Conservation Board. Marine and terrestrial areas considered for additional protection will be subject to public notification processes and hearings.
9. To encourage landowners to covenant their land as part of the Marine National Park project and to allow inclusion in the park boundaries.

Functions

1. To prepare a list of strategic issues based on “Management” and “Particular Objectives” as shown below. To determine priorities for action on each issue and regularly review progress.
2. . To obtain, share and monitor information on the state of the natural and physical resources.
3. To receive reports from participating parties, including persons and groups having an interest in the Park, on the development and implementation of policies and strategies identified in para.1.
4. To receive reports from tangata whenua on the development and implementation of Iwi management initiatives or plans.
5. To prepare and publish at two yearly intervals a report on the Park environment and progress towards the management objectives.
6. To promote and advocate the integrated management of the seas, coastal marine area and shoreline within and adjacent to the Park.
7. To distribute educational and promotional material on the Park.
8. To commission research into the environmental health of the marine environment, intertidal and coastal areas within and adjacent to the Park.

Management

In recognising the values, significance, and threats the objectives for management of the sea, islands, intertidal areas, shoreline and coastal catchments are:

1. The protection and enhancement of the life supporting capacity of the environment.
2. The protection and enhancement of the natural, historic and physical resources.
3. The maintenance and enhancement of the contribution of the natural, historic and physical resources to the social well being of the people and communities of the area and New Zealand.
4. The protection and enhancement, based on the principles of kotahitanga and kaitiakitanga, of those natural, historic, and physical resources (including kaimoana) of the Auckland West Coast, its sea, islands, intertidal area, shoreline and adjacent areas and coastal catchments.
5. The maintenance and enhancement of the natural, historic and physical resources, of the area to the social well being, and recreation and enjoyment for people and communities.

Powers

1. To consider all issues related to its purpose.
2. To receive reports.
3. To make recommendations and provide advice.
4. To commission activities needed to achieve its purpose.
5. To raise grant funding to carry out its role, commission research and produce educational and promotional material. All such expenditure must be costed and agreed by the Board prior to undertaking such activities unless one of the participating groups agrees beforehand to meet the cost of such expenditure.
6. To appoint such sub committees as considered appropriate.

Administration and Servicing

Arrangements to meet administrative and secretarial costs must be agreed and it is suggested that these be met by Regional and Territorial Councils and the Department of Conservation. (The funding of Auckland Conservation Board might serve as a model).

Chairperson

Auckland Regional Council being the administering authority should appoint.

Administering Authority

1. Shall store the records of the Board and make these available as required by the Board.
2. . Shall convene meetings as required the first being within three months of legislation being passed.

BOUNDARIES

The seaward boundary of the Park shall be North South Grid Line 22 to the East of Kaipara South Head to its intersection with East West Grid Line 32 and then four nautical miles offshore running due south to a line extending from the southern bank of the Waikato River. Within the Manukau Harbour the boundary will be North South Grid Line 54 from Laingholm to Mako Point.

To protect the shoreline the Board will work with the various territorial authorities to support and enhance their current protection measures. Whilst considering property rights it will develop a system of voluntary covenants, which must be met if private property is to obtain increased prestige and value by being included within the park boundaries. In the HGMPA 2000 there is provision in para 35 for private land to be included in the Park. The HGMPA2000 does mention activities within the catchment and includes these in the map covering the Park area. It may be necessary to develop controls on discharges or activities, which may have an adverse effect on the Park.

PARTICULAR OBJECTIVES IDENTIFIED FOR MANAGEMENT

1. To persuade government departments and councils owning land such as conservation areas, wildlife refuges, reserves, wetlands etc. to include such land in the Park.
2. To encourage private landowners whom have protected land to include this in the Park, this would include areas such as the Te Henga wetland.
3. To provide financial incentives to encourage landowners to protect the environment.
4. To promote continuing research into the environmental health of the marine environment, intertidal areas and the coastal areas within the Park.
5. To protect intertidal life, particularly the stripping of reefs and the wholesale pillaging of Resources. Iwi methods such as a rahui or taiapure might be appropriate.
6. To develop and implement effective control of pests and predators such as control of dogs and trapping of feral cats, ferrets, stoats, etc in the coastal area. To consider a night curfew for cats and dogs in sensitive wildlife areas.
7. To promote bylaws preventing the keeping of ferrets as pets, or their breeding or resale.
8. To permit only recreational line fishing within the Park area.
9. To promote eradication of possum and deer within the native forests of the adjacent coastal area.
10. To promote prevention of the spread of weed species, and organise weed removal and replanting by community groups.
11. To promote the increase in fish stocks by establishing a number of “no take” areas where fish can breed.
12. To promote the continuation of protection for marine mammals, in particular the North Island Hector’s (Maui’s) Dolphin through a Marine Mammal Sanctuary.
13. To press for control vehicle movements along the beach in areas where disruption to seabird breeding roosting or feeding are likely.
14. To monitor and enhance wildlife habitat and restore bird populations such as little blue penguins. To re introduce bird species that have been lost to the area.
15. To arrange the appointment of local residents as honorary rangers to monitor bylaw observance, shellfish and fishing regulations, and “no take” marine reserve areas.
16. To take account of the requirements of the West Coast plan
    

RELATIONSHIP WITH RESOURCE MANAGEMENT ACT
CREATION OF NEW ZEALAND COASTAL POLICY STATEMENT
GENERAL POLICIES UNDER CONSERVATION AND OTHER ACTS

As sections 9, 10, and 11 of the HGMP 2000 except that reference to the Hauraki Gulf be replaced by “Auckland West Coast Park”

AMENDMENT TO THE FISHERIES ACT

No commercial fishing to be permitted within the boundaries of the Park.

PRESERVATION OF EXISTING RIGHTS

1. Nothing in this proposal should limit or affect any title or right of ownership of the foreshore, seabed, or other land or natural resources in the area covered by the Auckland West Coast Marine Park. Whether that title or right to ownership is conferred by Act, common law, or any other matter.
2. Nothing in this proposal shall limit or affect the ability of any person to bring a claim or continue an existing claim in any court or tribunal relating to the foreshore, seabed, or other land or resources within the Park, its islands and catchments arising out of the application of the Treaty of Waitangi, or any Act, or common law, or any other manner.
3. Nothing in this section limits or affects any remedy associated with any claim referred to in subsection (2)

INTERPRETATION

It is suggested that unless the context otherwise requires interpretation should be as in the Hauraki Gulf Marine Park Act 2000 (Hereafter referred to as HGMPA2000) except that the words “Hauraki Gulf” should be replaced by “Auckland Region West Coast”. Additional definitions are:

kotahitanga: recognition of and connection to the tapu and mauri of all things and people.
kaitiakitanga: guardianship of creation and resources available to humans.
maitaitai: Iwi local guardianship controls.
rahui: local fishing or collecting bans
shoreline: that area of land above MHWS to the first ridgeline