Major setback for Kermadec Ocean Sanctuary as iwi reject latest Government proposal

Environment Minister David Parker had hoped to get the proposal over the line before the election. Photo / Mark Mitchell

Iwi organisations with interests around the Kermadec Islands have almost unanimously voted to reject the Government’s latest proposal for an ocean sanctuary, a decision Environment Minister David Parker says is unexpected and disappointing.

It is another major setback in fraught attempts by the government to set up the 620,000sq km Ocean Sanctuary since it was first announced at the UN in New York by former prime minister John Key in 2015.

That swiftly came a cropper after iwi with fishing rights in the area objected to the lack of consultation and lack of recognition of indigenous fishing and Treaty rights in the area - and Te Ohu Kaimoana took legal action.

Parker had put up a further proposal after years of working with Te Ohu Kaimoana and the iwi involved – but of 45 iwi organisations at a meeting in Wellington on Tuesday, 42 rejected it outright and only one voted in favour of it. Two abstained.

Parker said the decision was “very disappointing”.

“Only recently it has been indicated to us that the parties were close to an agreement on the sanctuary. Today’s decision – reportedly by a large majority – is a big setback for marine protection in New Zealand.

“The Government will seek to understand more about why this unexpected decision has been made before deciding on our next steps.”

A statement from Te Ohu Kaimoana, which hosted the special general meeting, said the iwi would hold a further hui to talk about a more indigenous-led approach rather than an approach “imposed upon us by the Crown”.

“Iwi present at the hui said that an indigenous-led approach, designed by iwi for iwi, is the only pathway forward and a first step toward any form of future marine management arrangements for that area.”

Parker, who had hoped to get it over the line before the election, said he had been working on the revised proposal since 2017 to try to get the sanctuary established. His changes included renaming the sanctuary the Ngā Whatu-a-Māui Ocean Sanctuary and setting up a co-governance entity Te Kāhui to manage it. Te Kāhui was to get a $40 million research fund to do that.

The proposed legislation also required it be managed in a way that recognised Māori rights and interests. Te Kāhui was also to be tasked with considering whether the sanctuary could be given legal personhood, as happened with the Whānganui River. It also allowed for a review of the fishing total allowable catch in 10 years’ time, and rights to compensation.

Te Kāhui would consist of four government ministers, four Te Ohu Kaimoana representatives and one representative each for Te Aupōuri and Ngāti Kuri - mana whenua in the area.

Peter-Lucas Jones of Te Aupōuri said it was never going to support what was proposed – because of the impact on rights and the structure of the proposal.

“We were never going to agree to the Crown extinguishing our indigenous rights and interests in the moana that has been identified for the sanctuary.

“[However], we are the original conservationists and we want to see more happen in that space in the interests of the future of our mokopuna. But we want to lead that, not be added onto somebody’s relationship strategy with Unesco and the Americans. We want to be part of an idea that looks much further into the future than the next 20 years.”

Parker said iwi had indicated they were not interested in compensation, but the Government had been clear it was willing to consider compensation for fishing rights that would be suspended, saying the cost would be modest because little commercial fishing took place in the area concerned due to its remoteness.