Global IssuesAntarcticaNew Zealand Relationship with AntarcticaEnvironmental Protection in AntarcticaAntarctic Marine Living Resources and the Ross SeaVisiting Antarctica (Science and Tourism)Ross Sea StrategyDisarmamentEnvironmentHuman RightsSecurityInternational OrganisationsAfricaAsia NorthAsia South and SoutheastAustraliaEuropeLatin AmericaMiddle EastNorth AmericaPacific
Start writing the country or territory name in the box. Typing more letters narrows the search. Click "go" or hit "Enter" to go to the information paper on the country or territory.
(We don't have information papers on all countries and territories.)
Although we have tried to use plain English content on the site, you may come across specialist terms and acronyms. Find out what they mean in our glossary of terms.
If you come across a term that isn't included in the Glossary please send us an email.
This document, the New Zealand Procedures for Non-Governmental Visitors to Antarctica, is primarily for the guidance of the organisers of private expeditions to the Ross Sea region of Antarctica, and secondly for government agencies administering relevant legislation. The document provides a practical explanation of the procedures involved for those planning activities in Antarctica. It replaces the Guidelines and Procedures for Visitors to the Ross Sea Region published in 1997.
The Ross Sea region of Antarctica (see The Ross Sea region image size 39kb) has been visited by humans since 1895, and a continuous presence in the region has been maintained since the 1950s when New Zealand and the United States established year-round scientific stations. Ship-based tourism in the region began shortly after the science stations, but only in the last decade has it become a regular annual occurrence. Small scale, private adventure activities such as climbing expeditions and traverses have been conducted sporadically. There is currently an exploratory fishery for toothfish in the Ross Sea.
Under the Protocol on Environmental Protection to the Antarctic Treaty (1991), activities must be planned and conducted so as to limit and avoid adverse impacts on the Antarctic environment. The Protocol is implemented in New Zealand by the Antarctica (Environmental Protection) Act 1994 (the Act) and, in respect of Annex V, the Marine Protection Rules Part 160 Prevention of Pollution by Sewage from Ships in the Antarctic Treaty Area issued under the Maritime Transport Act 1994. In addition, the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR) and its associated domestic legislation (Antarctic Marine Living Resources Act 1981) provides a management regime for activities involving marine organisms. This document is designed to help you plan your Antarctic activities in accordance with these and other relevant requirements.
For further information please contact:
Antarctic Policy Unit
Ministry of Foreign Affairs and Trade
Private Bag 18901
Wellington
Phone +64 4 439 8000
Fax +64 4 439 8103
All New Zealand’s Antarctic activities occur within the framework of international agreements known as the Antarctic Treaty System. Central to this system of governance is the Antarctic Treaty of 1959, which involved 12 states agreeing to put disputes regarding sovereignty over Antarctic territory to one side, ban nuclear explosions and waste disposal, and demilitarise Antarctica. The Treaty enables the conduct of scientific research but does not preclude other types of activity.
Today the Treaty has 28 Consultative Parties and 17 further signatories, and has been joined by further significant agreements and legally binding measures adopted at the annual Antarctic Treaty Consultative Meetings. Two of these agreements are introduced below.
The Protocol, added to the Treaty System in 1991, cements the environmental conservation concepts in the original Antarctic Treaty by designating Antarctica as a "natural reserve, devoted to peace and science". The Protocol sets out three key environmental principles to govern the planning of all Antarctic activities: it calls for the comprehensive protection of the Antarctic environment and dependent and associated ecosystems; it requires that activities in the Antarctic Treaty area be planned and conducted so as to limit adverse impacts on the Antarctic environment; and it specifies that activities shall be planned and conducted in the Antarctic Treaty area so as to accord priority to scientific research and to preserve the value of Antarctic as an area for the conduct of such research.
The Protocol also contains six annexes setting out requirements for:
CCAMLR provides for the conservation of fin fish, molluscs, crustaceans and all other species of living organisms, including birds, within the Southern Ocean area south of the Antarctic convergence. The Convention provides for the rational use of these resources. The harvesting of any living marine resources must be conducted in accordance with the following principles of conservation:
Additional information about the Convention on the Conservation of Antarctic Marine Living Resources [external link] (CCAMLR) can be found on their website.
In New Zealand’s legal system, ratification of international Agreements requires implementing them into domestic legislation. The Antarctic Treaty is implemented into New Zealand law by the Antarctica Act 1960. The Protocol is implemented by the Antarctica (Environmental Protection) Act 1994 and, in respect of Annex IV (Prevention of Marine Pollution), through the Marine Protection Rules applicable to Antarctica issued under the Maritime Transport Act 1994. In addition, the Convention for the Conservation of Antarctic Marine Living Resources (CCAMLR) and its associated domestic legislation (Antarctic Marine Living Resources Act 1981) provides a management regime for activities involving marine organisms.
Further to the implementation of international agreements, additional New Zealand legislation applies in Antarctica, related directly to New Zealand’s claim over part of Antarctica. New Zealand formally asserted sovereignty over the Ross Dependency in 1923 by an Order in Council, defining the Dependency as all the islands and territories below 60° south, between 160° east and 150° west. The Order adopted the present and future common and statute law of New Zealand (as far as applicable to the conditions of the Dependency) as the law of the Ross Dependency. New Zealand criminal law is specifically extended to the Ross Dependency through the Antarctica Act 1960.
Legislation outlined in this document, such as the Marine Mammals Protection Act 1978, and the Animal Welfare Act 1999, is both relevant and practical to implement in Antarctica, and is therefore “applicable to the conditions of the Dependency”. Other legislation, such as the Biosecurity Act 1993 and the Hazardous Substances and New Organisms Act 1996 are applicable on return to New Zealand.
For all types of activity, an Advance Notification must be submitted and an Environmental Impact Assessment (EIA) (Section 3.2) approved by the Minister of Foreign Affairs and Trade under the Antarctica (Environmental Protection) Act 1994, before the activity can commence. For any type of activity it is therefore wise to make contact with the Antarctic Policy Unit at the Ministry in the earliest planning stages.
Some types of activity will also require permits under this and other Acts. Following the flow chart will help to identify the particular approvals and permits which may be required for your activity. The sections below outline the procedures involved with gaining approval and permits, including time-lines and contact points.
In accordance with Antarctic Treaty Resolution XVIII-1 (Appendix 1), details of any planned activity should be provided to the Ministry of Foreign Affairs and Trade as soon as possible and in any case before the end of September each year prior to the activity taking place. This allows New Zealand to fulfil its obligations to submit information to other Antarctic Treaty Parties regarding planned Antarctic activities by 1 October each year. A standard form for Advance Notifications is provided in Appendix 3.
The Antarctica (Environmental Protection) Act 1994 implements the Protocol on Environmental Protection to the Antarctic Treaty. The Act applies to all New Zealanders planning activities in Antarctica. Non-New Zealanders in the Ross Dependency and any expeditions organised in New Zealand or proceeding from New Zealand to Antarctica are also covered. The Act does not apply to members of official expeditions of other Antarctic Treaty parties.
The Ministry of Foreign Affairs and Trade (MFAT) administers this Act and the Minister of Foreign Affairs makes the final determination as to whether or not an activity should proceed. Under the Act, all activities must undergo an Environmental Impact Assessment (EIA), a process used to identify and predict the likely environmental impact of activities and to determine ways of preventing or minimising any adverse effects on the environment. The EIA must provide information sufficient to allow prior assessments of, and informed judgements about, the likely impacts of the activity on the Antarctic environment. Under section 24 of the Antarctica (Environmental Protection) Act 1994, it is an offence to carry out an activity without completing this process.
The environmental impact assessment process is set out in Part III of the Act (ss17-24). Three levels of EIA are available to match varying levels of predicted impact of proposed activities. The minimum level of EIA which may be undertaken is a Preliminary Environmental Evaluation (PEE) (s17). On the basis of the PEE a decision may be made that a higher level of EIA is necessary. This will comprise either:To date, tourist or private visits involving a number of landings have been considered to be activities likely to have no more than a minor or transitory impact on the Antarctic environment, meaning an IEE has been deemed the appropriate level of EIA for such expeditions. However new types of tourist or non-governmental activities may emerge in future that may warrant the preparation of a CEE. A detailed guide to preparing an EIA document can be obtained at the Council of Managers of National Antarctic Programmes (COMNAP) website. MFAT can provide a model IEE on request, as well as advice and guidance on the type and content of the EIA that is needed. Prospective applicants are therefore urged to contact the Antarctic Policy Unit as early as possible to discuss their plans.
To allow timely assessment of all EIAs, they should be submitted as early as possible and definitely no later than three months before the proposed activity is expected to commence. This time frame is required in order to allow the Ministry sufficient time to seek expert advice on the potential environmental impact of the proposed activity.
The Minister of Foreign Affairs is responsible for the decision on whether an activity may proceed after consideration of an EIA, taking into account the recommendations of MFAT. The Minister also has discretion under the Act to set conditions and make directions regarding the proposed activities, in order to protect the environment. Conditions and directions are often imposed to manage issues such as compliance, environmental monitoring and post-activity reporting. In addition, a general condition will be attached to all EIAs for tourist or non-governmental activities requiring appropriate contingency plans and adequate insurance to be maintained (see 4.2). Non-compliance with a direction given by the Minister is an offence carrying liability to imprisonment for a term not exceeding one year or to a fine not exceeding $100,000 (s 10(2) and (3)).The Minister also has discretion to exempt a person from the EIA requirements of the Act (Part III) if satisfied that another Contracting Party to the Antarctic Treaty is applying or has applied the EIA procedures set out in Annex I of the Protocol.
Inquiries and EIA submissions should be made to:
Antarctic Policy Unit
Ministry of Foreign Affairs and Trade
Private Bag 18-901
Wellington
Telephone: +64 4 439 8000
Facsimile: +64 4 439 8103
E-mail: apu@mfat.govt.nz
Under the Act (ss 27-28) the following activities are prohibited, except in accordance with a permit:
Note that all historic huts in the Ross Sea region are designated as Antarctic Specially Protected Areas and require a permit for entry. (Once a permit has been obtained, Antarctica New Zealand can be contacted to arrange keys for access to the huts). A map and list of all protected areas in the Ross Sea region is provided in Appendix 4.
The purpose of the Antarctic Marine Living Resources (AMLR) Act is to give effect to the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR). The AMLR Act applies to any marine organism of any species found within the area south of the Antarctic Convergence. Under the AMLR Act no marine organism, alive or dead, may be taken[1] from the area without a permit from the Minister of Fisheries. This applies to both scientific and exploratory commercial fishing activities. Commercial fishing vessels are required to carry both New Zealand and international observers. The Ministry of Fisheries manages this process and can be contacted for further information and inquiries:
Ministry of Fisheries
PO Box 1020 Wellington
Telephone: +64
4 470 2600
Facsimile: +64 4 470 2669
Website: Ministry of Fisheries
This Act provides for the protection, conservation and management of marine mammals. It applies to New Zealand and its territorial waters, including within 12 nautical miles of the Ross Dependency and the internal waters of the Ross Sea, and to all New Zealand vessels wherever they may be. Under the Act, a permit from the Minister of Conservation is required to hold in captivity or take[2] a marine mammal (seal, whale, dolphin, porpoise, dugong or manatee), whether alive or dead.
For further information and application inquiries contact:
Rob Suisted
Senior Technical Support Officer
Central Regional Office
Department of Conservation
PO Box 12-419
Wellington
Telephone: +64 4 499 2300
Facsimile:+64 4 499 2301
E-mail: rsuisted@doc.govt.nz
Under this 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 Management Authority (ERMA).
ERMA
PO Box 131
Wellington
Telephone: +64 4 916 2426
Facsimile: +64 4 914 0433
E-mail: info@ermanz.govt.nz
The Biosecurity Act aims to exclude unwanted organisms from New Zealand. Under the Act, the importation of any plants, animals or plant or animal products must be in accordance with an existing Import Health Standard and/or an Import Health Permit.
For further information and applications inquiries contact:
Biosecurity
New Zealand
PO Box 2526
Wellington
Telephone: +64 4 470 2754
Facsimile: +64 4 498 9888
Web: Biosecurity New Zealand
Under this Act, nobody may carry out research, testing, or teaching involving the use of animals (including mammals, birds, fish and other animals as defined under the Act) unless they are by contract working under an approved code of ethical conduct. Most research institutions have an Animal Ethics Committee with an approved code. For any research involving animals, a copy of a valid approval from the researcher’s institution should be included with the EIA documentation to demonstrate compliance with the Act’s requirements. Further information can be provided by the Ministry of Agriculture and Forestry.
Permission to visit Scott Base should be sought from the Chief Executive of Antarctica New Zealand prior to departure. Visit details should be confirmed with the Scott Base Manager 24-72 hours in advance. Permission should also be sought from the Scott Base Manager before making visits to any other New Zealand field stations.
The Chief Executive
Antarctica New Zealand
Private Bag 4745
Christchurch
Telephone: +64 3 358 0200
Facsimile: +64 3 358 0211
E-mail: info@antarcticanz.govt.nz
Base Manager
Scott Base
c/o Antarctica, New Zealand
Telephone: 02 409 9700
Facsimile: 02 409 9705
E-mail: basemgr@scott.aq
Although New Zealand’s sub-Antarctic islands are outside the Antarctic Treaty area, they are often included in the itineraries of Antarctic voyages. It is important to be aware that the Antipodes Islands, Auckland Islands, Bounty Island, Campbell Island and the Snares Islands are all strictly protected as national nature reserves, administered by the New Zealand Department of Conservation (DoC) under the Reserves Act 1977. All tourist landings at the islands are prohibited except under permit from DoC. It is a standard condition of permits that tours making approved landings must be accompanied by a DoC representative. The DoC representative is usually also appointed as the National Representative for the Antarctic leg of the journey (see 3.9.5 and Appendix 6).
For further information and inquiries contact:
Andrew Roberts
Southern Islands Area Manager
Department of Conservation
Southland Conservancy
PO Box 743
Invercargill
Telephone: +64 3 214 4589
Facsimile: +64 3 214 4486
E-mail: aroberts@doc.govt.nz
Please note that Macquarie Island is administered by the Tasmanian Parks and Wildlife Service in Australia, and permission to visit the Island must be sought from that agency.
Under Antarctic Treaty Recommendation XVIII-1, reports on the activities undertaken are to be completed by the organisers and the information exchanged by the appropriate national authorities. To achieve this, the report forms provided in Appendix 7 should be completed and provided to MFAT within three months of the end of the activity, along with any other reports specified in Ministerial directions or permit conditions including safety.
IAATO, the International Association of Antarctica Tourism Operators, maintains a database of Antarctic tourism activities and also requests that post-activity reports of tourist activities be provided to it for the purposes of the database.
The Maritime Transport Act is the New Zealand domestic enabling legislation that implements the International Convention on the Prevention of Pollution from Ships (MARPOL) in New Zealand law. Specific provisions of the convention apply to ships operating in Antarctic waters.
In particular, provisions regulate the discharge of oil or oily mixtures into the sea, the disposal of garbage and the discharge of sewage at sea. These provisions are referred to in Annex IV of the Protocol with the intent that Parties will comply with these and any other regulations that subsequent reviews of MARPOL might deem appropriate.
Under the Maritime Transport Act, Maritime New Zealand has certain responsibilities in Antarctica, as in other areas of the world. These include the provisions that relate to the qualifications of seamen and the crewing of ships, the standards for the ships themselves, the operation of the ships, communications, and search and rescue. Maritime Safety Inspectors check all ships, New Zealand or foreign, calling into New Zealand ports and heading to Antarctica for both crew and ship standards and documentation. Maritime NZ also conducts investigations into maritime accidents and incidents in Antarctica, and prosecutes as necessary.
Since an arrangement between New Zealand authorities and tour operators in the 1970s, it has become established practice for commercial tours intending to land in the Ross Dependency to be accompanied by a national representative of the New Zealand Government. Being accompanied by a Representative may be a condition of an expedition's approval or specific permits. See Appendix 6 for further detail.
[1] ‘take’ includes
to take, catch, kill, injure, attract, poison, tranquillise, herd, harass,
disturb, or possess; to brand, tag, mark, or do any similar thing; or to
attempt to do any of these things (Antarctic Marine Living Resources Act
1981 section 2).
[2] ‘take’ includes to take, catch, kill, injure, attract, poison, tranquillise, herd, harass, disturb or possess; to brand, tag mark or do any similar thing; to flense, render down or separate any part from a carcass; or to attempt any of these things (Marine Mammals Protection Act 1978 section 2).
