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The international environment agenda is expanding and increasingly taking centre stage in international diplomacy. The 1992 Rio Earth Summit initiated a “blueprint” for global sustainable development. The Summit concluded framework conventions on climate change and biodiversity which continue to shape global policy with flow-on effects for domestic decision-makers. Multilateral environment agreements already in place seek to develop and implement rules to protect the environment from a range of threats. New environmental treaties (eg for forestry) are under consideration. New Zealand seeks to play an active and targeted role in international environment negotiations, both to pursue solutions which deliver the “global good”, and also to maintain the competitiveness of the New Zealand economy. International negotiations on climate change, biodiversity, atmosphere, forestry and trade in hazardous substances have policy and trade implications for New Zealand. The Ministry works closely with domestic agencies to identify the full range of interests in international negotiations to which New Zealand is a party.
International progress in addressing climate change might be at a tipping point, thanks to a growing perception that the effects are already being felt. Two parallel negotiating tracks are underway under the United Nations Framework Convention on Climate Change (UNFCCC) and its Kyoto Protocol. A post-2012 global framework may involve a broad but thin global agreement, shored up by a raft of bilateral, plurilateral and regional agreements. Climate change increasingly needs to be seen as an energy security, economic and development issue, as well as an environmental one.
New Zealand’s key goal in climate change negotiations is to seek a comprehensive, environmentally effective international agreement. Climate change action is required by major emitters, including the US and big developing countries (which do not have emissions reduction targets in the current period), and fair burden-sharing of emissions reduction commitments.
Core objectives in New Zealand’s negotiating approach include effective least-cost solutions, efficient carbon markets, environmental integrity, rules that make allowance for New Zealand circumstances, ‘rules before commitments’, and effective action on adaptation, especially for the Pacific. New Zealand also seeks rule changes to Land Use, Land Use Change and Forestry (LULUCF) to increase flexibility in changes between agricultural and forestry land use.
New Zealand’s interdepartmental climate change work is led by the Ministry for the Environment, while this Ministry leads the international negotiations. New Zealand chairs or co-chairs three bodies of the UNFCCC and vice-chairs two working groups of the Intergovernmental Panel on Climate Change (IPCC).
The need to engage on detailed climate change negotiations on multiple fronts will require more skilled negotiators, more interdepartmental and public-private consultation, and better analytical and legal capability than at present. New Zealand will face increasing demands to support Pacific neighbours’ climate change mitigation and, especially, adaptation efforts.
Parties to the UNFCCC meet in Poznan, Poland, 1-12 December 2008 to advance negotiations towards the post-2012 global framework, due to be decided in December 2009 in Copenhagen. Ministers responsible for Climate Change issues attend the last three days of the talks, and Finance Ministers will meet early in the second week. We understand that New Zealand is unlikely to be invited to a related Industry Ministers meeting.
While emissions reductions targets for the post-2012 commitment period are unlikely to be agreed this year, New Zealand will soon need a position on what those targets should be, on the mechanisms that may be used to attain them and on the quantum of financing that can be committed to assist developing countries with adaptation, mitigation and technology transfer.
The UN Commission on the Limits of the Continental Shelf (CLCS) issued its recommendations confirming the outer limits of New Zealand’s continental shelf in September 2008.
The area of New Zealand’s continental shelf beyond the EEZ amounts to approximately 1.7 million km2 – about six times the size of New Zealand. New Zealand has exclusive rights to the resources of the seabed of the continental shelf (such as petroleum or gas deposits). The CLCS considered the limits and supporting data put forward by New Zealand, and made recommendations to New Zealand largely confirming the limits proposed (more than 98 percent of the proposed shelf was accepted). Although the CLCS’s recommendations are not technically binding, they have considerable authority and New Zealand is expected to have due regard to them. Cabinet approval is being sought to proceed with regulations to declare the outer limits of New Zealand’s continental shelf on the basis of the CLCS’s recommendations. Cabinet’s guidance is also being sought on policy and legislative implications for management of New Zealand’s extended continental shelf.
One important issue will be how to handle New Zealand’s unresolved continental shelf boundaries with Fiji, Tonga and possibly France (in respect of New Caledonia). The Ministry will advise Cabinet on possible options.top of page
New Zealand is party to three important Regional Fisheries Management Organisations (RFMOs): the Western Central Pacific Fisheries Commission (WCPFC); the Commission for the Conservation of Southern Bluefin Tuna (CCSBT); the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR). The WCPFC manages the highly migratory fish stocks of the Western and Central Pacific. CCSBT manages a single stock – Southern Bluefin tuna – throughout its geographical range. The CCAMLR manages Antarctic fish resources including toothfish (see section on Antarctica below.)
New Zealand is a major proponent in the negotiations to establish a new South Pacific Regional Fisheries Management Organisation (SPRFMO), which will put in place a regime to manage the non-highly migratory fisheries of the South Pacific – notably orange roughy and alphonsino on the western side of the Pacific and jack mackerel off the coast of Chile.
WCPFC: The WCPFC aims to manage the last relatively healthy tuna stocks in the world – the bigeye, yellowfin, skipjack and albacore that migrate through the high seas and EEZs of the central and western Pacific. Collectively, the tuna stocks caught in the WCPFC area are valued at more than US$3 billion per annum. WCPFC has made good progress in establishing initial management measures for a range of target stocks but is struggling to reach agreement on more effective measures to reduce pressure on Pacific bigeye and yellow fin. Another challenge is how to deal with the pressure – especially from the Northern Hemisphere and Latin America – to access the resource as tuna resources elsewhere have become depleted. New Zealand fishers have a small presence in the Western and Central Pacific tuna fisheries. The major focus of New Zealand’s participation is to try to ensure that the stocks are managed sustainably for long-term benefit of the Pacific islands countries – for many of which these stocks constitute their most important economic resource.
CCSBT: Southern bluefin tuna is one of the world’s most valuable fish species, with the price of a single fish now measured in the tens of thousands of dollars. The stock has been in serious crisis for some time. Despite major reductions in catch quotas, future prospects for this stock are bleak.
SPRFMO: New Zealand and Australia took the initiative to promote the negotiation of the SPRFMO as a means of managing fishing for orange roughy in the high seas beyond our respective EEZs and to fill the significant management gap for non-highly migratory species in the South Pacific. Chile joined as the third cosponsor, its principal interest being to secure controls over the large jack mackerel fishery that straddles its EEZ and the adjacent high seas and which is being increasingly targeted by Chinese, EU and other northern hemisphere fishers. To date there have been six rounds of negotiations. The participants have agreed on interim measures to limit fishing, including bottom trawling in the high seas beyond the New Zealand EEZ, and there is an emerging agreement on key features of the new regime. It is hoped that the negotiations will conclude in 2009.
The Ministry has the lead role in pursuit of New Zealand’s interests in the Antarctic Treaty System (ATS), including the conduct of New Zealand’s diplomatic relations with other countries in respect of Antarctica. It also coordinates the development of advice to the Government on Antarctic policy issues and assists the Minister of Foreign Affairs in carrying out responsibilities under the Antarctica (Environmental Protection) Act 1994.
Given its proximity to Antarctica and territory there (the Ross Dependency), New Zealand has a strong interest in the maintenance of peace and stability of the Antarctic Treaty area, which starts at 60 degrees South latitude, and the protection of its environment. These interests are served through New Zealand’s effective participation in the ATS.
The Antarctic Treaty protects our sovereignty position in the Ross Dependency, which is part of the Realm of New Zealand and has been New Zealand territory since 1923. The Ross Dependency includes all the islands and territories between 160 degrees East longitude and 150 degrees West longitude south of 60 degrees South latitude. New Zealand’s Scott Base was one of the earliest operational bases on the continent and has supported our continuous presence in the Ross Dependency since 1957.
While New Zealand cooperates with a number of countries both in the Antarctic Treaty System and on the ice, our key partner in Antarctica is the United States. This partnership embraces cooperation on logistics, science and policy.
New Zealand is one of the original signatories of the Convention on the Conservation of Antarctic Marine Living Resources. CCALMR provides a framework for the management of Antarctic marine living resources, including the valuable toothfish species. New Zealand earns some $20 million annually from the toothfish fisheries in the Ross Sea and around Antarctica.
A recent report commissioned by the Ministry of Economic Development estimates the total economic benefit of Southern Ocean and Antarctic-related activity to New Zealand at $282m annually.
Increasing commercial interest in Antarctica’s resources, including through fishing and tourism, presents a challenge to the ATS.
Illegal, Unreported and Unregulated (IUU) fishing in the CCAMLR area for toothfish is a serious problem. This transnational criminal activity is largely directed by syndicates based in Spain and Hong Kong. New Zealand dedicates considerable resources to carrying out Ross Sea surveillance using RNZAF P3K Orion aircraft under ‘Operation Mawsoni’ which is a multi-agency operation led by the Ministry. There are concerns that the IUU fishing fleet which has been active in the Indian Ocean sector of the Southern Ocean south of Australia will try to move into the Ross Sea. These patrols involve follow-up diplomatic activity. New Zealand has scored some notable successes against IUU fishing but needs to remain proactive. The Navy’s new ice-strengthened Offshore Patrol Vessels will make an important contribution to Operation Mawsoni.
Antarctic tourism is expanding and diversifying rapidly. Tourist numbers have more than tripled in the six seasons during 2000 to 2007 (to 37,552). Very large cruise vessels (up to 3,700 persons) are now visiting Antarctica, increasing environmental risks and posing a challenge to search and rescue planners. New Zealand is working with likeminded Parties at Antarctic Treaty Consultative Meetings to improve the regulatory framework around tourism activities and shipping in the Antarctic Treaty area. Tourism is capable of disturbing the practical accommodation among governments on the question of sovereignty which is at the heart of the Antarctic Treaty.top of page
The Convention on Biological Diversity (CBD) is a broad-ranging environmental agreement with a demanding work programme. The CBD’s mandate takes in both the conservation and sustainable use of biodiversity, including in forestry and agriculture, alongside “classic” conservation measures such as protected areas. The CBD also has the potential to spin off negotiations on new instruments, such as the current negotiation on an international regime on access to genetic resources.
The CBD’s mandate touches on key New Zealand trade and economic interests. It has the potential to affect domestic policy choices, for instance on the regulation of genetic modification. Negotiations on an international regime on access to genetic resources (sometimes referred to as “bioprospecting”) have potential implications for innovation in New Zealand’s primary production sector, and for the Crown’s ability to respond to the Wai262 claim currently before the Waitangi Tribunal.
The next full meeting of the Convention will be held in Japan in October 2010. 2010 is the global target date to reduce the rate of biodiversity loss. The limited evidence currently available suggests that COP10 will confront the political challenge of a target that has not been met.
2010 is also the deadline for completion of negotiations on an international regime on access to genetic resources and the sharing of benefits arising from that access e.g. the creation of a commercial product such as a pharmaceutical. The negotiations are complex, and a number of key issues, including what constitutes a “genetic resource” and what activities are to be covered, are as yet undecided.
The CBD is the parent convention for the Cartagena Protocol on Biosafety, which regulates the trans-boundary movement of living (genetic) modified organisms (LMOs). The CBD’s work in this area can influence domestic regulation of genetic modification and could have implications for New Zealand’s trade in agricultural products. As required under the Protocol, negotiations are currently underway on rules and procedures on liability and redress for damage resulting from trans-boundary movements of LMOs. While negotiations were supposed to have concluded this year, the deadline has been extended to 2010 (immediately before COP10). The negotiations have been contentious with sharp divisions between potential exporters of LMOs and potential importers. However, at the last meeting in Bonn in May agreement was reached on the broad parameters of the outcome to be negotiated, namely a legally binding “administrative” regime dealing with obligations to clean up damage to biodiversity caused by internationally traded LMOs, plus non-binding guidelines on civil liability, but with a binding component specifying the elements that should be included in any civil liability regime.
Ozone Depleting Substances: New Zealand was a leading player during the negotiation of the Montreal Protocol on Ozone Depleting Substances. A current issue is the use of methyl bromide, which is controlled under the Montreal Protocol except for quarantine and pre-shipment use (QPS methyl bromide). New Zealand has phased out the use of methyl bromide for fumigation in the strawberry industry, but it is still used for forest product fumigation at our borders and to meet importing countries’ requirements. China, Japan, Korea, Malaysia and India require fumigation of imported logs with methyl bromide. International discussion is moving towards possible restrictions on QPS methyl bromide. New Zealand is exploring alternatives, but our forestry trade meanwhile remains vulnerable to potential international restrictions until alternative fumigants acceptable to our trading partners are found.
Trans-boundary Movement of Hazardous Wastes: The Basel Convention on the Trans-boundary Movement of Hazardous Wastes is expanding to develop international guidelines for the management of electronic waste (including telecoms equipment, computers and computer peripherals). This has implications as New Zealand moves to implement the Waste Minimisation Act. There are also trade implications associated with the Convention’s “Ban Amendment” (which essentially bans hazardous wastes exports from OECD countries to non-OECD countries). New Zealand, along with Australia, Japan and Canada, has not ratified the amendment. The Ban Amendment has the potential to curtail New Zealand’s trade in used goods to recycling facilities in developing countries eg the export of used lead batteries to the Philippines. This has implications for our domestic waste management policies.International Forestry: New Zealand engages in bilateral, regional and multilateral level discussions of forestry issues, including reducing greenhouse gas emissions caused by deforestation and forest degradation in developing countries; addressing trade in illegal timber and wood products; and strengthening capacity-building and technology transfer for sustainable forest management in developing countries. New Zealand is working internationally to encourage sustainable forest management practices and to advance its environmental as well as trade interests. We are exploring the potential for a legally-binding international agreement on sustainable forest management and a range of domestic and international measures to address illegal logging and its associated trade.
Global Environment Facility (GEF): The GEF is the primary international organisation providing finance to developing countries for projects that benefit the global environment. New Zealand has committed some NZ$33 million to the GEF since its inception in 1996. The fifth GEF Replenishment Round is scheduled to begin next year. A preliminary GEF meeting this November in Washington will kick-start the process, providing background and budgetary information for donors. New Zealand committed NZ$8.4 million to the last GEF Replenishment. A similar level is anticipated for the fifth GEF Replenishment.
Whales: The International Whaling Commission (IWC) both regulates whaling and seeks to conserve whale stocks. A diplomatic process is underway within the IWC to explore ways to move away from the divisive and polarised dynamics of the past. The aim is to develop a package of options over the next year to address the substantive issues dividing the IWC. New Zealand is a member of the relevant working group. New Zealand’s position has been to advocate for the maximum conservation of whales, and to support the current moratorium on commercial whaling. Meanwhile Japan continues to hunt whales under a “scientific” programme. This summer the Japanese whaling fleet is expected to operate in and around the Ross Sea, within New Zealand’s area of search and rescue responsibility. The potential exists for clashes and the escalation of violence between whaling and protest vessels. The Ministry is working with relevant agencies on strategies to manage the upcoming whaling season, including coordination of responses to any incident involving threats to safety at sea.
