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23 N.Z. J. Envtl. L. 31 (2019)
Enabling Marine Ecosystem-Based Management: Is Aotearoa New Zealand's Legal Framework up to the Task

handle is hein.journals/nzjel23 and id is 37 raw text is: 








      Enabling Marine Ecosystem-based

 Management: Is Aotearoa New Zealand's

       Legal Framework up to the Task?


   Raewyn Peart,* Alison Greenawayt and Lara Taylor+


   Ecosystem-based management (EBM) has been proposed as a more
   effective way of addressing complex environmental challenges in the
   marine environment. The Sustainable Seas National Science Challenge
   has recently proposed seven principles to underpin marine ecosystem-
   based management in New Zealand reflecting international experience
   and the essential role of Mtori in New Zealand society. This article
   reviews the extent to which the current legal framework supports the
   application of the principles in the New Zealand context. It concludes
   that there is an uneven approach across New Zealand's legislative
   landscape with some important areas requiring rationalisation,
   modernisation and strengthening. In the absence of fundamental
   legislative reform, a national statutory framework for marine spatial
   planning could provide a stronger framework for the application of the
   proposed EBMPrinciples .


                       1. INTRODUCTION

The legal framework applying to the management of New Zealand's marine
estate is both complex and fragmented. Numerous pieces of legislation apply
to the marine area, administered by multiple agencies at both central and
regional government levels. Some of the legislation, such as the Wildlife Act
1953 and Marine Reserves Act 1971, is quite dated. Mdori customary rights

*Policy Director, Enviromnental Defence Society. Email: raewyngeds.org.nz.
TSenior Researcher Social Science, Manaaki Whenua - Landcare Research.
Kairangahau Maori, Manaaki Whenua - Landcare Research.
The authors would like to acknowledge the Sustainable Seas National Science Challenge for
supporting the preparation of this article.

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