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Abstract
This article considers the past and pending legal position in New Zealand regarding regulation of deep-sea exploration and mining. The obligations under international law contained in the United Nations Convention on the Law of the Sea (UNCLOS) 1982 are first outlined. The recognition of these obligations under New Zealand law is considered, with reference to the Petrobras case challenging the grant of an exploration permit in waters of the exclusive economic zone. The deficiencies in the law are being addressed under the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (NZ). The Environmental Protection Authority will become the primary decision-maker in granting marine consents, in place of the Minister of Energy. The scope of the regulatory powers is outlined. Comparative reference is made to procedures of the International Seabed Authority.
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Kenneth Palmer
Kenneth Palmer, Associate Professor of Law, The University of Auckland, Auckland, New Zealand. The author can be reached by email at [email protected].