West Coast South Island marine reserves: Regulatory Impact Statement

Introduction

This Regulatory Impact Statement has been prepared by the Department of Conservation to provide an analysis of options to undertake the next statutory steps in the creation of five marine reserves on the West Coast South Island. Published 2014

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West Coast South Island marine reserves Regulatory Impact Statement (PDF, 191K)

Executive summary 

Update 7 September 2014: Following the issue of this Regulatory Impact Statement in August 2014, the Minister of Conservation Dr Nick Smith opened the Kahurangi, Punakaiki, Okarito, Tauparikākā and Hautai marine reserves, totalling 17,500 hectares on the West Coast.

This Regulatory Impact Statement has been prepared by the Department of Conservation. It provides an analysis of options to undertake the next statutory steps in the creation of five marine reserves on the West Coast South Island.  

Only one option was identified for each of the five reserves, as the legislation provides the Minister of Conservation with no discretion at this stage of the process. All policy decisions have already been taken.  

There are no material uncertainties in the analysis, and all information needed for the analysis was available. 

  1. The Marine Reserves Act 1971 (the Act) sets out a process for the making, consideration, and approval of applications for marine reserves. 
  2. An application was made in 2012 for the making of five marine reserves on the West Coast of the South Island.  
  3. The statutory processes for considering that application have now been largely completed.  The Minister of Conservation has made a decision under the Act not to uphold objections to the proposal, and concurrence has been provided by the Minister of Primary Industries (who has the role assigned in the Act to the Minister of Fisheries) and the Minister of Transport, as required by the Act. 
  4. The process undertaken to date fully complies with the Act, and has considered all the matters that are relevant under that Act.   
  5. The legislation directs that once that decision is made, the Minister shall recommend to the Governor General the making of an Order in Council as the final stage in the process of creating a new marine reserve and in accordance with constitutional practice.  No alternatives to completing the statutory process are available.  No reasons not to complete the process have been identified.
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