Navigating Marine Management Regimes under the New Zealand Exclusive Economic Zone Act 2012

Managing sediment plumes under multiple jurisdictions Management of activities in the New Zealand EEZ can be characterized as a distributed basis of decision-making with each independent and separate decision-maker focused on specific elements of a proposal (environmental, work place safety, wildlife management, fisheries, navigation, oil spill). The New Zealand EEZ Act 2012 was intended as gap-filling legislation to address the lack of an environmental assessment lens for permissions to undertake certain activities in the New Zealand EEZ. These activities relate mostly to marine scientific research, dumping and discharges, oil and gas exploration and development, and seabed mining. The regulatory decision-maker for most EEZ Act marine consents is the New Zealand EPA. Since 2013 when this gap-filling legislation took effect, the EPA and its decision- making committees have processed three seabed mining applications. Two consents were refused, one consent was granted in 2017. A common feature of all consents has been the assessment and consideration of the scale, significance and effects of sediment plumes arising from the activity. One consent is for irons and mining in about 40m of water where the plumes reach the nearby coastal waters and shoreline, the second consent is far offshore but plumes extend far beyond the mining area (850 km2) in to rare coral habitats and in to a significant offshore fishery. A significant consideration for decision-makers is how the assessment and management of plumes under the EEZ Act interact with, and potentially overlap, management of such plumes under other legislation (Resource Management Act, Marine Mammals Protection Act, and Wildlife Act). This is in a statutory context where the EEZ Act requires explicit consideration of the nature and effect of other marine management regimes over the matter under consideration.