New Zealand Legislation

The Protocol on Environmental Protection to the Antarctic Treaty came into full force internationally on 14 January 1998, having been ratified by all 26 Antarctic Treaty Consultative Parties. New Zealand ratified the Environmental Protocol through the Antarctica (Environmental Protection) Act 1994. The Ministry of Foreign Affairs and Trade are responsible for administering the Act, including the issuing of permits and carrying out inspections for compliance.

Antarctica New Zealand supported activities are regulated by up to five New Zealand environmental laws:

ANTARCTICA (ENVIRONMENTAL PROTECTION) ACT
The purpose of this Act is to promote the comprehensive protection of the Antarctic environment and the value of Antarctica as an area for scientific research. The Ministry of Foreign Affairs and Trade (MFAT) administers the Act. Under the Act, an Environmental Impact Assessment (EIA) must be completed and approved by the Minister of Foreign Affairs and Trade before any activity can be undertaken in Antarctica. In addition, the following activities are prohibited without a permit:

• entering or carrying out activities in a protected area;
• taking or attempting to take any native bird or mammal;
• removing or damaging native plants in quantities which significantly affect local distribution or abundance;
• harmfully interfering with native plants, mammals, birds or invertebrates;
• introducing any species of animal, plant or micro-organism not native to that area;
• importing non-sterile soil.

Antarctica New Zealand coordinates the provision of EIAs to MFAT for the activities it supports. All EIAs must be submitted well in advance of an activity taking place. Following approval from the Minister, Antarctica New Zealand is issued with an overall "permit" covering all of the activities it supports. On the basis of the approved EIAs, Antarctica New Zealand then issues an "authorisation" to individual events to carry out their activities.

For further information and enquiries contact:

Neil Gilbert
Environment Manager
Antarctica New Zealand
PO Box 4745
CHRISTCHURCH
Phone (03) 358 0200
Fax (03) 358 0211
n.gilbert@antarcticanz.govt.nz

MARINE MAMMALS PROTECTION ACT 1978
The Act provides for the protection, conservation and management of marine mammals in New Zealand and its territorial waters, including within 12 nautical miles of the Ross Dependency and the internal waters of the Ross Sea. Under the Act, a permit from the Minister of Conservation is required to hold in captivity or take a marine mammal (seal, whale, dolphin, porpoise, dugong or manatee), whether alive or dead.

For further information and enquiries contact:

Rob Suisted Senior Technical Support Officer
	Central Regional Office Department of Conservation PO Box 12-419 WELLINGTON Phone (04) 499 2300 Fax (04) 499 2301 Email Rob Suisted

ANTARCTIC MARINE LIVING RESOURCES ACT 1981
The purpose of the Act is to give effect to the Convention on the Conservation of Antarctic Marine Living Resources. The Act applies to any organism of any species found within the area south of the Antarctic Convergence. Under the Act no marine organism, alive or dead, may be taken from the area without a permit from the Minister of Fisheries.

For further information and enquiries contact:

Head, Antarctic Policy Unit
	Ministry of Foreign Affairs and Trade Private Bag 18901 WELLINGTON Phone (04) 494 8500 Fax (04) 494 8507 Email Antarctic Policy Unit(APU)

HAZARDOUS SUBSTANCES AND NEW ORGANISMS ACT 1999
The purpose of the Act is to protect the environment, and the health and safety of people and communities, by preventing or managing the adverse effects of hazardous substances and new organisms. Under the Act, approval is required to import a species that has not been brought into New Zealand since the Act came into force. The Act provides for rapid assessment of applications to import species that cannot survive in the New Zealand environment. Information and application forms can be accessed from the Environmental Risk Assessment Authority (ERMA)’s website.
The hazardous substances part of the Act should not affect small scale chemical use for research purposes, provided laboratory standards are met and no banned substances are used.

BIOSECURITY ACT 1993
The Biosecurity Act aims to exclude unwanted organisms from New Zealand. Under the Act, the importation to New Zealand of any plants, animals or plant or animal products require an Import Health Permit.

Less than four litres of clear water, water which will be destroyed without release from a laboratory, and soil which has been heated to an internal temperature of 95oC for 25 minutes can be imported without a permit. Any other sand, soil, clay or water, including scientific or other samples, will need to be covered by an Import Health Standard or authorised by a permit issued in accordance with the Act.

For further information and enquiries contact:

Import Management and Quarantine Ministry of Agriculture and Forestry
	PO Box 2526 WELLINGTON Phone (04)474 4100 Fax (04)474 4244 Web MFAT