Submission of the New Zealand Historic Places Trust (NZHPT) on the Marine Reserves Bill

Transcription

1 Submission of the New Zealand Historic Places Trust (NZHPT) on the Marine Reserves Bill Summary The scope of our submission covers: Intent Qualified support for the intent of the Marine Reserves Legislation Additional provisions Provide for a classification system to assist with management of marine reserves for specified purposes S 7 Purpose The purpose of the legislation should also address the protection of underwater historical and cultural heritage of national importance to New Zealand's history and cultural development. The purpose of the legislation should expressly provide for the protection of marine areas in their natural state. S.9 Principles The principles should be expanded to explicitly provide for the protection of historical and cultural heritage of national importance including archaeological sites and the conservation of marine landforms and underwater cultural heritage. S. 10 Decision making principles The decision making principles should be expanded to give guidance on management, as well as the establishment of a marine reserve. Monitoring should be integrated into the decision making principles. Part 2 Use of Reserves s.13 Restricted Activities Section 13 and s.14 set out restricted activities. The list of restricted activities should address activities that are prohibited by the Maritime Pollution Regulations under the RMA, and the deposition of materials or items onto the seabed that may alter the natural substrate. s.18 Minister may grant concessions Concessions in a marine reserve should not be granted where these are inconsistent with the UNESCO Convention on the Protection of Underwater Heritage, the ICOMOS charter, or the RMA Marine Pollution Regulations. Part 4 Establishment of marine reserves s.49 Contents of proposal The contents of a marine reserve proposal should include any sites of historical importance, archaeological sites, and sites of significance to tangata whenua, and any underwater cultural heritage. s.53 Public notification of application Notice of the application should be served on the Chief Executive of the New Zealand Historic Places Trust. s.67 Minister's decision The matters relevant to the Minister's submission are open to interpretation. The legislation should include a definition of public interest, or give more guidance so that the interpretation of the benefits arising from a proposal do not exclude consideration of benefits which can not be readily evaluated in monetary terms, and should clearly include consideration of indirect benefits to local, regional and national economies. Part 5 Enforcement and penalties The enforcement and penalty provisions are supported. S.109 Strict liability offences Consequential amendments are needed to reflect changes sought

2 Introduction Narrow focus of the bill means there are gaps 1. The protection of marine historical and cultural heritage of national importance should be included in the purpose of the legislation. 2. The Marine Reserves Legislation is the only legislation designed to protect the marine environment. The narrow focus of the bill on biodiversity is a concern. The limited purpose of the legislation limits options. 3. The full range of public interest in the coastal marine area should be acknowledged and the potential for protection offered in the marine reserves legislation, including historical and cultural heritage. 4. Other legislation does not adequately provide for protection of historical and cultural heritage of national importance in the marine environment. Certain sites in the marine environment to New Zealand history and cultural development have national importance The national importance of certain sites in the marine environment to New Zealand history and cultural development cannot be overstated. In particular, sites associated with early European contacts with Maori, as documented in the book "Two Worlds" by Dame Anne Salmond, are of the very greatest national importance to New Zealand's national identity. Some of these sites are under pressure from uses of coastal space that would have significant adverse effects upon them. The marine reserves mechanism would be an appropriate means of protection for such sites. Examples of historically and culturally iconic coastal and marine sites of national importance for all New Zealanders are: The Abel Tasman anchorage near Separation Point in Golden Bay. The Captain Cook anchorages around Cook Cove in Queen Charlotte Sound. The Captain Cook anchorages in Dusky Sound, Fiordland. The wreck c of the Endeavour at Facile Harbour, associated with very early sealing and shipbuilding activity In failing to provide for the conservation and protection of historical and cultural heritage as a purpose of the Bill, the Marine Reserves Bill is deficient. The marine reserves mechanism should be an available method for the protection of the full range of natural, historic and cultural values in the marine environment, because: Marine historical and cultural heritage is an integral part of New Zealand's heritage. There is no clear distinction between natural, historical or cultural heritage, either on land or in the rnarine environment.

3 Marine historical and cultural heritage is threatened by human activities in the marine environment such as marine farming and associated construction. The Marine Reserves legislation fails to protect the full range of natural, historic and cultural values in the marine environment The NZHPT submits that the Marine Reserves Bill should provide for the establishment of marine reserves where necessary and appropriate for the purpose of the conservation and protection of sites of national importance in New Zealand history and cultural development. The stated purpose of the Marine Reserves Bill is to conserve New Zealand's indigenous marine biodiversity (clause 7). The protection and conservation of historical and cultural heritage is not included as a purpose. The Marine Reserves Bill only protects historic material (defined in clause 3) insofar as it happens to be within a marine reserve established for the purpose of protecting marine biodiversity. The legislation fails to offer any protection for marine landscapes and places of cultural heritage of national importance. 10. The purpose of the marine reserves legislation should explicitly provide for conservation of the marine landscape and cultural heritage, and make provision for public enjoyment and appreciation. 11. Marine historical and cultural heritage is threatened by human activities in the marine environment such as marine farming and associated construction. Marine historical and cultural heritage includes sites associated with events of importance in New Zealand history, and archaeological heritage including submerged sites and structures, wreck sites and wreckage and their archaeological and natural context. UNESCO Convention for the Protection of the Underwater Cultural Heritage. 12. The ICOMOS Charter on the Protection and Management of Underwater Cultural Heritage (1996), the ICOMOS Charter for the Protection and Management of Archaeological Heritage (1990) and the UNESCO Convention on the Protection of the Underwater Cultural Heritage (2001) provide that marine historical and cultural heritage shall be recorded, protected and preserved, and in particular that investigation and activities shall avoid unnecessary disturbance of human remains or venerated sites. 13. The UNESCO Convention for the Protection of the Underwater Cultural Heritage was adopted on 2 November 2001 by the General Conference of UNESCO by a large majority. The Convention includes as an integral part the ICOMOS Charter for the Protection and Management of Underwater Cultural Heritage in the form of rules. New Zealand has not yet ratified the Convention. Whether or not New Zealand in due course decides to ratify the Convention, it establishes an international standard of best practice in relation to underwater heritage. If New Zealand does decide to ratify the Convention, New Zealand law should align with it.

4 Heritage related legislation does not offer protection in the coastal marine area 14. Other legislation does not adequately provide for protection of historical and cultural herita.qe of national importance in the marine environment. 15. Without the marine reserves mechanism, there is no mechanism for providing secure long term protection for marine historical and cultural heritage sites equivalent to the historic reserves mechanism under the Reserves Act for protecting historical and cultural heritage sites on land. Historic Places Act Registration of historic places, historic areas, wahi tapu and wahi tapu areas under the Historic Places Act 1993 (HPA) is applicable to the marine environment, but provides no direct protection or management of the underwater cultural heritage values in the short or long term. 17. The provisions of the HPA specifically address archaeological sites that are pre Post 1900 there is a process for identifying sites as archaeological sites, but this is not automatic. Pro active protection is not provided for. 18. The archaeological authority provisions of the Historic Places Act, whereby any person wanting to destroy, damage or modify any archaeological site must obtain authority to do so from the NZHPT, is applicable to the marine environment, but is a reactive mechanism that considers applications as they arise. The outcome is usually to grant authority subject to conditions. No secure long term protection is possible by this process. Resource Mana.qement Act The Resource Management Act 1991 provides for the sustainable management of natural and physical resources in coastal marine area (sections 6 (e) and 7 (f) of the Act and the New Zealand Coastal Policy Statement). The Resource Management Amendment Bill (PCO 4980/5) proposes to strengthen this by restricting certain actions that may have an adverse effect on historic heritage in the coastal marine area (clause 6). 20. The management of adverse effects under the RMA does not offer absolute protection. Important as such provisions are, no secure long term recognition and protection is provided for by them. Even stronger provisions relating to biodiversity in the Resource Management Act (section 6 (a), (b) and (c)), the New Zealand Coastal Policy Statement and the Resource Management Amendment Bill (clause 9) do not render the Marine Reserves Bill unnecessary to protect marine biodiversity. By the same token, the marine reserves mechanism should be an available method for the protection of important historical and cultural heritage in the marine environment. 21. Competition for coastal space means that a proposal to set aside an area for protection through a regional coastal plan is likely to be subject to serious challenge. Accordingly very few Regional Coastal Plans offer real protection to significant sites by prohibiting activities. Few regional coastal plans prevent activities that modify, damage or destroy an archaeological site or area with cultural heritage values.

5 22. The RMA does not deal well with the concept of protection of areas of significant indigenous vegetation and significant habitats of indigenous species, or protection of archaeological sites, or protection of sites and areas with cultural heritage values of national importance. 23. The purpose of the RMA is sustainable management and this provides for sustainable utilisation, and each application is considered on its merits. This is appropriate in the context of the RMA. 24. In addition to these provisions, there is a need to identify and protect archaeological sites and areas with cultural heritage values of national importance. Apart from the marine reserves legislation there is no legislation that expressly offers protection by setting an area aside for protection in the context of a reserve below Mean High Water Springs (MHWS). Heritage Orders 25. The RMA Heritage Order provisions offer protection for cultural heritage places. However the Heritage Order provisions only apply to plans prepared by territorial authorities, and therefore can only be applied above MHWS. Other le,q islation 26. In failing to provide for the conservation and protection of historical and cultural heritage as a purpose of the Bill, the Marine Reserves Bill is inappropriately biased as a matter of policy, and is inconsistent with other general conservation and environmental legislation. Other such legislation provides for the full range of heritage values including historic heritage. The Conservation Act 1987 promotes the conservation of New Zealand's natural resources and also historic resources. Oceans Policy e The Reserves Act 1977 provides for the classification of reserves including nature, scientific, scenic and recreation reserves and also historic reserves. The Resource Management Act 1991 provides for the sustainable management of the full range of natural and physical resources including the ancestral lands, water, sites, waahi tapu and other taonga of Maori, and including the heritage values of sites, buildings, places and areas. The Environment Act 1986 has regard to a wide range of values including ecosystems and habitats and also areas, landscapes and structures of historic value. 27. The Oceans Policy is intended to address the conservation and protection of historic and cultural heritage. Oceans Policy cannot provide the marine reserves mechanism as a method for the protection of historical and cultural heritage in the marine environment. This can only be achieved by the Marine Reserves Bill itself. The RMA requirement not to be inconsistent with the NZCPS does not apply to the Oceans Policy, and therefore there is no certainty 6

6 that the provisions will be fed into any future National Policy Statement or Regional Coastal Plans. 28. The RMA, and the development of Oceans Policy cannot provide the same protection for the protection of historical and cultural heritage in the marine environment as the marine reserves legislation. This can only be achieved by the Marine Reserves Bill itself. Marine Reserves leg islation 29. Marine reserves for the protection of historical and cultural heritage would: Provide a specialised method for secure long term protection, complementary to historic reserves on land under the Reserves Act. Provide for relevant communities, experts and the public to have ongoing involvement in management The Marine Reserves legislation should be very clear that its intention is to protect sites of national importance in New Zealand history and cultural development. The RMA should be used in a complementary manner to manage adverse effects on heritage values associated with structures of historical interest in the marine environment such as wharves, jetties, shipwrecks and navigational beacons. Adding to the purpose of the marine reserves legislation to provide for historical and cultural heritage protection will not compromise the biodiversity focus of the Marine Reserves Bill Intent of the Marine Reserves Legislation The NZHPT supports a national system of marine protected areas, to conserve, protect, and enhance their biodiversity, ecological integrity and cultural legacy. The intent of this bill therefore is supported, but it does not go far enough. Explanation: Marine reserves provide an opportunity to safeguard both natural and cultural heritage in situ so that it can be experienced by present and future generations. Development pressure has the potential to impact upon sites of significance to tangata whenua, archaeological sites and heritage places. A network of marine protected areas must be set aside and protected from alteration to the functioning of natural coastal processes, marine landscapes, natural habitats and ecosystems. Where the marine environment also encompasses cultural and heritage values, the marine reserve legislation should have the scope to specifically recognise and protect these sites.

7 The intent of the Bill should be extended to encompass the protection of historical and cultural heritage of national importance in New Zealand history and cultural development General Pro vide for a classification system The legislation should provide for a system of classification of marine reserves. Identification of the primary purpose of a reserve would assist with management of activities within the marine reserve, and make explicit the important values and reasons for the protection of a particular marine environment. A classification system places the community in a position to support a particular marine reserve proposal in the context of a management framework based on the classification of the reserve. The scope of activities that could be provided for by way of a concession would be apparent at the time submissions are sought on a marine reserve. Where the community envisaged complete protection this assurance could be provided through an appropriate classification. Explanation: The marine reserves legislation should provide for different purposes and values to be expressly identified in management of the area The Reserves Act offers an example of the classification system. The legislation provides for classification of reserves for scientific, scenic, historic, recreational, and local purposes reserves. The management of each reserve is prescribed in terms of its classification. The legislation prescribes, for example, the activities for which a concession or lease or licence may be granted under each classification type. The Marine Reserves Act should provide for reserves to be classified in recognition of their specific characteristics. This approach would help promotion and management of various types of marine reserves. A classification system allows scope for the primary focus of one marine reserve to be "biodiversity" to protect the marine communities associated with the breeding ground of hectors dolphins, while the primary purpose of another may be "historic" to protect a Captain Cook anchorage of national importance to the history and cultural development of New Zealand. The Marine Reserves Act should provide for reserves to be classified in recognition of their specific characteristics. Classification should provide for protection of important historical and cultural heritage.

8 S 7 Purpose Protection of historical and cultural heritage in the marine environment The marine reserves mechanism should be available to protect historical and cultural heritage of national importance in the marine environment where this is considered necessary and appropriate. Without it, there is no mechanism for providing secure long term protection for marine historical and cultural heritage sites equivalent to the historic reserves mechanism under the Reserves Act for protecting historical and cultural heritage sites on land. As legislation with the purpose of protecting the marine environment,the marine reserves legislation should be brought into line with the ICOMOS International Charter on the Protection and Management of Underwater Cultural Heritage (1996), the ICOMOS Charter for the Protection and Management of Archaeological Heritage (1990) and the UNESCO Convention on the Protection of the Underwater Cultural Heritage (2001) which provide that marine historical and cultural heritage shall be recorded, protected and preserved. The UNESCO Convention on the Protection of the Underwater Cultural Heritage (2001) incorporates the ICOMOS Charter on the Protection and Management of Underwater Cultural Heritage (1996) in the form of rules. Its intention is to encourage the protection and management of underwater cultural heritage in inland and inshore waters, in shallow seas and in the deep oceans. The Marine Reserves legislation should provide for the establishment of marine reserves where necessary and appropriate for the purpose of the conservation and protection of underwater sites of national importance in New Zealand history and cultural development. The stated purpose of the Marine Reserves Bill is to conserve New Zealand's indigenous marine biodiversity (clause 7). The protection and conservation of historical and cultural heritage should be added to the purpose of the marine reserves legislation. Explanation: The national importance of certain sites in the marine environment to New Zealand history and cultural development cannot be overstated. In particular, sites associated with early European contacts with Maori, as documented in the book "Two Worlds" by Dame Anne Salmond, are of the very greatest national importance to New Zealand's national identity Some of these sites are under pressure from uses of coastal space which would have significant adverse effects upon them. The marine reserves mechanism would be an appropriate means of protection for such sites. Examples of historically and culturally iconic coastal and marine sites of national importance for all New Zealanders are: 9

9 The Abel Tasman anchorage near Separation Point in Golden Bay. The Captain Cook anchorages around Cook Cove in Queen Charlotte Sound. The Captain Cook anchorages in Dusky Sound, Fiordland. The wreck c of the Endeavour at Facile Harbour, associated with very early sealing and shipbuilding activity The marine reserves mechanism should be an available method for the protection of the full range of natural, historic and cultural values in the marine environment. Marine historical and cultural heritage is an integral part of New Zealand's heritage. Add s.7 (e) (Purpose): "places and items of national importance in New Zealand history and cultural development S.9 Principles S.9(c) provides for the protection of historic material within a marine reserves and therefore is strongly supported, but of itself it is insufficient. There are additional principles associated with the protection of underwater cultural heritage. The Principles need to be expanded to provide for the protection of cultural heritage values associated with landforms or seascapes, the protection of archaeological sites that form part of the marine environment. Underwater cultural heritage is both finite and non renewable. The historical and cultural heritage values of seascapes are also potentially compromised by development. If marine historical and cultural heritage is to contribute to our appreciation of the environment in the future, then provision needs to be made to ensure its recognition and protection in the context of marine protected areas. The principles set out in s.9 of the marine reserves legislation do not fully address the scope of heritage sites that should be protected. The principles should be expanded to explicitly provide for the protection of historical and cultural heritage of national importance in New Zealand history and cultural development including archaeological sites and the conservation of the marine landscape and underwater cultural heritage. Explanation: The protection of historic material in the coastal marine area is important. Equally the cultural and historic significance of some marine landscapes is significant. Pania's reef is an example of a wahi tapu site in the marine environment that is expressed in the marine landform. 10

10 Add to s.9 (Principles): 9(f) "places and items of national importance in New Zealand history and cultural development should be conserved" S. 10 Decision making principles The decision making principles should be expanded to give guidance on permits and concessions as well as whether or not to establish a marine reserve. Monitoring should be integrated into the decision making principles. The physical system, marine life and human use should be monitored and information used to avoid adverse changes. The decision making principles should promote the protection of historical and cultural heritage. S.10 should provide adequate direction for management of activities within marine reserves. Management of marine reserves should always be in light of the necessity to protect the marine ecosystems, seascapes, water quality, the natural environment and the historical and cultural values. Where an activity may have an adverse effect on the marine community or ecosystem functioning, or on historical and cultural heritage then that activity should not be allowed. S.10 is supported to the extent that the section provides that where there is any doubt or risk a precautionary approach should be taken. This approach should be expressed in a more prescriptive way in the principles. Explanation: Many of the issues faced in establishing and maintaining bio diversity and in protecting the historical and cultural legacy of people associated with the coastal and marine environment are not well understood. The purpose of the legislation should explicitly state a set of decision making principles that will ensure that when debates occur about appropriate location of marine reserves, or activities within marine reserves that the 'bottom line' is clear The ICOMOS Charter on the Protection and Management of Underwater Cultural Heritage (1996) and the UNESCO Convention on the Protection of the Underwater Cultural Heritage (2001) contain principles to guide protection of underwater cultural heritage. These could be added as subclause to s.10(4) to guide decisions. A dd subclauses to s. 10 (4) (Decision making principles) to address underwater cultural heritage and environment: S.10(4) i The preservation of underwater cultural heritage in situ should be considered as a first option. 11

11 s. 10(4) fi Non destructive techniques, non intrusive survey and sampling of archaeological sites should be encouraged in preference to removal or exca vation. s. 10(4) iii Investigation must not adversely impact the underwater cultural heritage more than is necessary for the mitigatory or research objectives of the project. Such investigation should leave the maximum amount of material undisturbed for study by future generations. s. 10(4) iv Investigation must avoid unnecessary disturbance of human remains or venerated sites Part 2 Use of Reserves s.13 Restricted Activities Underwater cultural heritage may be threatened by construction work that alters the shore and seabed or alters the flow of current, sediment and pollutants. Underwater cultural heritage may also be threatened by insensitive exploitation of living and non living resources. Marine landscapes of historical and cultural significance can be compromised by use and development of the coastal environment. Furthermore, inappropriate forms of access and the incremental impact of removing "souvenirs" can have a deleterious effect. Section 13 sets out restricted activities. The list should be extended to restrict activities that are prohibited by the Maritime Pollution Regulations under the RMA, as these are inconsistent with the purpose of the marine reserves legislation. Explanation: S. 13 (d) controls dumping from vessels, but does not control dumping of the vessels or similar items themselves. The potential for altering landforms, seascapes, and natural marine environments is inconsistent with the purpose of the marine reserves and retention of natural bio diversity An example is the deliberate deposition of vessels that have been stripped of all evidence of technical and mechanical equipment, and lack any evidence of human occupation or shipping purposes. These are devoid of cultural heritage values, as they do not have crews, manifestos, carry cargo, are not associated with transport between places. The deliberate deposition of items into marine protected areas has the potential to impact on natural bio diversity, marine seascapes and underwater cultural heritage, The deliberate deposition of items should be restricted in s.13. Add the following subsections to s.13 (Restricted Activities) to underwater cultural heritage and environment: address 12

12 s.13(i) may not carry out any activity that is prohibited by the Maritime Pollution Regulations under the RMA. s.13(j) introduce or modify natural substrate or discharge materials that may alter the shore and seabed or alter the flow of current, sediment or pollutants. s. 13(2)(f) Following: "May not erect" add: "alter or extend" a structure s. 109 Strict liability offences add the above subsections to s s.14 Restricted Activities in foreshore, territorial seas and internal waters S.14(g) controls the deposition of litter, however the section does not restrict the deposition of other types of materials or iterns. Add the following subclause to s.14 (Restricted Activities in foreshore, territorial seas and internal waters): s. 14(h) deposit any item that is prohibited under the RMA Maritime Pollution Regulations s.18 Minister may grant concessions The Minister should not grant a concession in a marine reserve where that concession causes adverse effects on historical and cultural heritage values or is inconsistent with the UNESCO Convention on the Protection of the Underwater Cultural Heritage (2001), or the RMA Marine Pollution Regulations. Add the following subclause to s.18 (Minister may grant concessions): s. 18(7) activities that are prohibited by the RMA Marine Pollution Regulations, or where the activity causes adverse effects on historical and cultural heritage values, or is inconsistent with the UNESCO Convention on the Protection of the Underwater Cultural Heritage (2001). 9.0 s.22 Functions and powers of management bodies Monitoring and reporting on the state of the marine environment within a marine protected area should be part of the functions and responsibilities of the management body. 13

13 Explanation: The physical system, marine life, condition of features with historic heritage values, and impacts of human use should be monitored and information used to avoid adverse changes. Add the following subclause to s.22 (Functions and powers of management bodies): s.22(1) (5) to monitor and report on the state of the marine environment Part 4 Establishment of marine reserves s.49 Contents of proposal The contents of a marine reserve proposal should include any historical and cultural heritage values including association with persons or events of importance in New Zealand history or cultural development, archaeological sites, and sites of significance to tangata whenua, and any underwater cultural heritage. Add the following subclause to s.49 (Contents of proposal): s.49(1)(a) i describe any historical and cultural heritage values including association with persons or events of importance in New Zealand history or cultural development, underwater cultural heritage including archaeological sites, and sites of significance to tangata whenua s.53 Public notification of application Notice of the application should be served on the Chief Executive of the New Zealand Historic Places Trust. This will ensure that any historical and cultural heritage sites within the proposed marine reserve are identified and can be managed appropriately. Add the following subclause to s.53 (Public Notification of application) A copy of the application must be provided to the following persons: s.53 (3)(f) Chief Executive of the New Zealand Historic Places Trust s.67 Minister's decision Submission 14

14 The Bill requires that the Minister shall be satisfied that the marine reserve application will have not undue adverse effect on economic use and development (clause 67 (2) (c) (v)). An adverse effect is not undue if the benefit to the public interest in establishing the marine reserve outweighs the adverse effect (clause 67 (3)) These provisions indicate that an appraisal of adverse effects and benefits will be carried out. The NZHPT is concerned that this appraisal may be confined to adverse effects and benefits which may be readily evaluated in monetary terms, thereby disadvantaging the public benefits of historical and cultural heritage in the analysis. Change sought Add to 67 (4): 67(4)(c) the benefit of preserving and protecting places and items of national importance in New Zealand history and cultural development, including intangible benefits which may or may not be readily converted to monetary terms Part 5 Enforcement and penalties The enforcement and penalty provisions are reasonable and therefore this section is supported No change sought S.109 Strict liability offences The offence provisions should reflect the submissions made above on restrictions to activities Add the following subsections to s.109 (1) and (2) (Strict liability offences) to address underwater cultural heritage and environment: s. 109(1) and (2): may not carry out any activity that is prohibited by the Maritime Pollution Regulations under the RMA may not carry out any activity that is inconsistent with the UNESCO Convention on the Protection of the Underwater Cultural Heritage (2001). 15

15 introduce or modify natural substrate or discharge materials that may alter the shore and seabed or alter the flow of current, sediment or pollutants. following: "May not erect" add: "alter or extend" a structure 15.0 Other matters: While not directly within the ambit of the New Zealand Historic Places Trust we wish to raise the following matter: S 7 Purpose The purpose of the marine reserves legislation should be expanded to incorporate protection of the marine environment and natural processes in their natural state The value of retaining the natural marine environment, as opposed to an altered or modified marine environment should be explicit in the purpose of the legislation. The purpose of the marine reserves legislation needs to be expanded to explicitly provide for: Retaining the natural marine environment. Maintenance of the marine communities, seascape and ecosystems in their natural state. Explanation: While the purpose of the legislation provides for protection of natural features within a marine reserve the purpose does not specifically identify that these and all of the other characteristics should be protected in their natural state The purpose of the legislation should expressly provide for the protection of marine areas in their natural state. The purpose currently addresses the protection of representative examples, rare and distinctive communities as well as the water quality, natural processes and ecosystem functions, however there is no express requirement to protect these in their natural state. Requests are being made to alter the natural habitats of marine reserves to provide a different type of habitat. This in turn alters the species that use the area and the interrelationships that make up the ecosystems Marine reserves are most valuable where the natural processes are protected along with the natural features and seascapes. The protection of water quality within a marine reserve is also essential. Add to s. 7 (Purpose) following " New Zealand's foreshore, internal... waters, territorial sea and exclusive economic zone for current and future 16

16 generations, by preserving and protecting "in their natural state" manne reserves... within Add s.7(e) water quality and natural processes that are part of the characteristics of the marine environment. Dr Bill Tramposch Chief Executive NZ Historic Places Trust/Pouhere Taonga 17

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