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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.
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The Annex establishes a regime of liability for damage to the Antarctic environment arising from activities conducted there. Operators are obliged to take preventative measures to reduce the likelihood of accidents harming the Antarctic environment, to establish contingency plans to deal with harmful incidents and to take prompt response action when environmental emergencies arise from their activities. If prompt response action to protect the environment is not taken by an operator, other Parties are encouraged to do so, and the defaulting operator will reimburse their costs. The Annex also establishes legal mechanisms for the recovery of these costs, sets out the situations in which liability shall be exempted, requires Antarctic operators to have insurance (including the option of self-insurance in the case of Government operators), and imposes a financial limit on liability (expressed in International Monetary Fund Special Drawing Rights, equivalent to a minimum of US$1.5 million for environmental emergencies involving a ship, and US$4.5 million for other environmental emergencies). Liability is strict, and attaches to both State and non-State operators.
Lead agency:
Ministry of Foreign Affairs and Trade
Status:
Multilateral. The annex was adopted by the Antarctic Treaty Consultative Meeting in June 2005, and is now open for approval by parties. New Zealand is currently working towards approving the annex.
Legislation required:
Yes. Amendments to the Antarctica (Environmental Protection) Act 1994 will be required to ensure New Zealand complies with the annex’s obligations. An Antarctica (Environmental Protection: Liability Annex) Amendment Bill was introduced to Parliament in June 2009 and referred to the Foreign Affairs, Defence and Trade Committee. The Committee’s report on the Bill was presented to the House on 26 November 2009. The Bill is currently awaiting its second reading in Parliament.
Contact:
Nicola Leslie
Legal Adviser
Legal Division
Ministry of Foreign Affairs and Trade
Email: nicola.leslie@mfat.govt.nz
Ph: (04) 439 8595
Fax: (04) 439 8103
The Environmental Protocol to the Antarctic Treaty commits parties to the environmental protection of the Antarctic environment. Annex II outlines provisions for the conservation of Antarctic flora and fauna.
At the meeting of the Antarctic Treaty Consultative Parties in 2009, the parties adopted amendments to Annex II (contained in Measure 16 (2009)). The full text of the amendments is available at www.ats.aq. The primary purpose of the amendments to Annex II is to increase the protection of Antarctic flora and fauna, in particular by reducing the risk of the introduction of non-indigenous organisms into Antarctica. The amendments also strengthen the protection of “specially protected species” under Annex II.Lead agency:
Ministry of Foreign Affairs and Trade
Status:
Multilateral. The amendments to Annex II were adopted at the Antarctic Treaty Consultative Meeting in 2009. Following completion of the Parliamentary treaty examination process, New Zealand will need to introduce amendments to the Antarctica (Environmental Protection) Act 1994 to implement these amendments.
Website:
www.ats.aq [external link]
Particular interest to Māori and other groups:
There are no specific Māori interests regarding the key elements of the amendments to Annex II: to strengthen the protection of specially protected Antarctic species and to reduce the risk of non-indigenous organisms (particularly dogs and poultry products) into Antarctica.
The minimal numbers of stakeholders that are likely to be affected are those already active in Antarctica (scientists, tourist vessels, and national programme logistics operators). They are already familiar with the environmental evaluation requirements for operating in the Antarctic Treaty Area. The changes to Annex II will be noted in the conditions attached to their permits where relevant.
Legislation required:
Yes. Following the Parliamentary treaty examination process, the first draft of the amendment bill for the Antarctica (Environmental Protection) Act 1994 could be expected in 2012.
Contact:
Nicola Leslie
Legal Adviser
Legal Division
Ministry of Foreign Affairs and Trade
Email: nicola.leslie@mfat.govt.nz
Ph: (04) 439 8595
Fax: (04) 439 8103
The Kyoto Protocol was adopted on 11 December 1997 in response to a decision of the Parties to the United Nations Framework Convention on Climate Change in March 1995, that their original commitments would be insufficient to prevent human induced effects on the global climate. The Kyoto Protocol sets greenhouse emission limitation or reduction targets for "Annex I" countries (developed countries and Economies in Transition) to be achieved in the first commitment period from 2008 to 2012, with a view to reducing their overall emissions of such gases by at least 5 per cent below 1990 levels during this period. It was opened for signature on 16 March 1998, and New Zealand ratified the Protocol on 19 February 2002. It entered into force in February 2005.
Negotiations are currently underway to establish a second commitment period for the Kyoto Protocol, which is expected to commence on 1 January 2013 immediately after the end of the first commitment period. The establishment of a second commitment period requires amendments to the targets for Annex I Parties inscribed in Annex B of the Kyoto Protocol, and a number of consequential amendments to the body of the Protocol. Parties are also engaged in wider negotiations on possible improvements to the Protocol and its rules for interpreting Parties’ commitments. It is possible that, given the links with negotiations under the United Nations Framework Convention on Climate Change (see entry below), the final outcome may not be an amended version of the Kyoto Protocol, but rather a new treaty instrument.
Lead agency:
Ministry for the Environment
Status:
Multilateral. Negotiations are ongoing. States are looking to COP 16 in Cancun (December 2010) to make further progress, with the aim of concluding negotiations in late 2011 in South Africa. Timing for any parliamentary treaty examination process would be subject to the conclusion of negotiations.
Website:
United Nations Framework Convention on Climate Change [external link]
Particular interest to Māori and other groups:
Details of what the impact on Māori under a new treaty will be are unknown at present. Domestic policy responses giving effect to a new treaty could possibly reflect those that have occurred under the domestic policy response to the current treaty, e.g. the emissions trading scheme. There has been engagement with Māori on domestic policy that gives effect to the current treaty, and it is expected that this will continue.
Domestic policy responses giving effect to the treaty are likely to have some impact on NGOs, private sector companies and industry organisations in much the same way as domestic policy has developed to date. The emissions trading scheme will affect all sectors in some way by placing a price on carbon. Clearer details of what the impact will be with a new treaty are unknown at present.
Legislation required:
Yes. It is expected that prior to ratification an amendment to the Climate Change Response Act (2002) would be required, possibly in 2011 - 2012.
Contacts:
Roger Lincoln
Lead Negotiator (UNFCCC AWG-LCA)
Climate Change Policy Team
Ministry for the Environment
Email: roger.lincoln@mfe.govt.nz
Ph: (04) 439 7633
Fax: (04) 439 7700
Stephanie Lee
Lead Negotiator
Environment Division
Ministry of Foreign Affairs and Trade
Email: stephanie.lee@mfat.govt.nz
Ph: (04) 439 8197
Fax: (04) 439 8517
The United Nations Framework Convention on Climate Change (the Convention) was opened for signature at the Earth Summit in Rio de Janeiro in 1992, and now has over 190 Parties. Its objective is expressed in Article 2 of the Convention as “stabilisation of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic [human- induced] interference in the climate system.”
At the United Nations Climate Change Conference held in Bali in December 2007, Parties decided to launch a comprehensive process to enable the full, effective and sustained implementation of the Convention through long-term cooperative action (“the Bali Action Plan”). This process aims to produce an outcome in December 2009, which includes nationally appropriate mitigation commitments or actions by developed and developing country Parties, and enhances action on reducing emissions from deforestation and forest degradation; adaptation; technology development and transfer; and the provision of financial resources and investment.
At this stage it is unclear what the final form of this agreed outcome will be, and could include a new treaty-level instrument.
Lead agency:
Ministry for the Environment
Status:
Multilateral. Negotiations are ongoing and are expected to conclude in late 2011, at the same time as the conclusion of negotiations for further commitments by Annex I Parties under the Kyoto Protocol.
Website:
United Nations Framework Convention on Climate Change [external link]
Particular interest to Māori and other groups:
Details of what the impact on Māori under a new treaty will be are unknown at present. Domestic policy responses giving effect to a new treaty could possibly reflect those that have occurred under the domestic policy response to the current treaty, e.g. the emissions trading scheme. There has been engagement with Māori on domestic policy that gives effect to the current treaty, and it is expected that this will continue.
Domestic policy responses giving effect to the treaty are likely to have some impact on NGOs, private sector companies and industry organisations in much the same way as domestic policy has developed to date. The emissions trading scheme will affect all sectors in some way by placing a price on carbon. Clearer details of what the impact of a new treaty will be are unknown at present.
Legislation required:
Yes. It is expected that prior to ratification an amendment to the Climate Change Response Act (2002) will be required, possibly in 2011–2012.
Contacts:
Roger Lincoln
Lead Negotiator (UNFCCC AWG-LCA)
Climate Change Policy Team
Ministry for the Environment
Email: roger.lincoln@mfe.govt.nz
Ph: (04) 439 7633
Fax: (04) 439 7700
Stephanie Lee
Senior Negotiator,
Environment Division
Ministry of Foreign Affairs and Trade
Email: stephanie.lee@mfat.govt.nz
Ph: (04) 439 8197
Fax: (04) 439 8517
The objective of the Stockholm Convention on Persistent Organic Pollutants is to protect human health and the environment from persistent organic pollutants. The main obligations of Parties are to minimise the manufacture, use and release of POPs as specified by the articles of the convention, and by following technical guidance, and to report on progress made.
Persistent Organic Pollutants (POPs) are organic chemical substances having physical and chemical properties such that once released into the environment they pose a risk to human health and the environment because they:
The adverse effects of POPs can include cancer, allergies and hypersensitivity, damage to the central and peripheral nervous systems, reproductive disorders, and disruption of the immune system. Some POPs are also considered to be endocrine disrupters, which, by altering the hormonal system, can damage the reproductive and immune systems of exposed individuals as well as their offspring; they can also have developmental and carcinogenic effects.
The fourth Conference of the Parties to the Stockholm Convention in May 2009 agreed in decisions SC-4/10 to SC-4/18 to a series of amendments adding nine new chemicals to the list of persistent organic pollutants, taking the total number of listed chemicals to twenty-one. These new chemicals include chlordecone; hexabromobiphenyl; hexabromodiphenyl ether and heptabromodiphenyl ether; alpha hexachlorocylcohexane; beta hexachlorocyclohexane; lindane; pentachlorobenzene (PeCB); perfluorooctance sulfonic acid (PFOS), its salts and perfluorooctane sulfonyl fluoride (PFOS-F); and tetrabromodiphenyl ether and pentabromodiphenyl ether.
The fifth Conference of the Parties to the Stockholm Convention in April 2011 agreed to an amendment to add endosulfan to the list of POPs to be eliminated worldwide. The parties agreed to list endosulfan in Annex A to the Convention with specific exemptions. This amendment to Annex A will enter into force one year from a date yet to be confirmed and puts the pesticide on course for elimination from the global market.
Lead agency:
Ministry for the Environment
Status:
Multilateral. The amendments to add nine new chemicals to the convention were agreed at the meeting of the 4th Conference of the Parties in May 2009. The amendments entered into force automatically on 26 August 2010 for those parties (including New Zealand) with a tacit-acceptance mechanism for accepting amendments. As the necessary regulatory changes were not made by this time, New Zealand informed the Depository of the Stockholm Convention of a Notice of non-acceptance of the nine new POPs. If Cabinet decides to accept the amendments to the convention, the regulatory changes will be promulgated by Order in Council and the Notice of non-acceptance withdrawn. New Zealand already has measures in place to eliminate the production and use of endosulfan so will be in position to meet the new international obligations once the amendment to Annex A enters into force. Any necessary legislative or regulatory changes will be considered before the amendment enters into force.
Website:
Stockholm Convention on persistent organic pollutants [external link]
Particular interest to Māori and other groups:
The Ministry for the Environment undertook an extensive consultation with Māori/iwi prior to New Zealand becoming a party to the convention in 2001. Māori/iwi strongly support having a clean environment where POPs are minimised.
No significant concerns were raised by stakeholders consulted by ERMANZ in March-April 2010 on a proposal that New Zealand accept the addition of nine new POPs under the convention.
Legislation required:
Amendments to:
Contact:
Kay Harrison
Manager
International Climate and Environment
Ministry for the Environment
Email: kay.harrison@mfe.govt.nz
Ph: (04) 439 7547
The United Nations Environment Programme (UNEP) is convening an International Negotiating Committee (INC) to prepare a global legally binding instrument on mercury.
The UNEP Governing Council specified a comprehensive approach to mercury should be developed including provisions to:
Lead agency:
Ministry of Foreign Affairs and Trade
Status:
Multilateral. The negotiations commenced in June 2010 in Stockholm with a goal of completion prior to the 27th session of the Governing Council/Global Ministerial Environment Forum in 2013. Five negotiating sessions were originally proposed, INC 3 will take place 31 October to 4 November.
Particular interest to Māori and other groups:
None specific to Māori.
Likely to be controls on some uses of mercury. In addition, could possibly be controls on mercury emissions from human activities. Consultation will occur as the process develops and likely directions of the negotiations become apparent.
Legislation required:
Yes. The Convention negotiations are due to be completed by 2013. Any legislation would follow that and be in place prior to the Convention entering into force for New Zealand.
Contacts:
Donald Hannah
General Manager
Strategy and Analysis
Environmental Risk Management Authority
Email: donald.hannah@ermanz.govt.nz
Ph: (04) 918 4839
Tredene Dobson
Acting Deputy Director, Oceans
Ministry of Foreign Affairs and Trade
Email: tredene.dobson@mfat.govt.nz
Ph: (04) 439 8279
Parties to the Cartagena (Biosafety) Protocol to the Convention on Biological Diversity, including New Zealand, have negotiated a Supplementary Protocol that sets out rules and procedures on liability and redress for damage resulting from the import and export of “living modified organisms” (LMOs) also known as genetically modified organisms. The Supplementary Protocol sets out an “administrative” (as distinct from judicial) approach on responsibility for addressing damage to biodiversity.
Lead agency:
Ministry of Foreign Affairs and Trade
Status:
Multilateral. The Supplementary Protocol was adopted by the Conference of the Parties serving as the Meeting of the Parties to the Cartagena Protocol in October 2010 and is now open for signature. New Zealand is currently considering whether to sign the Supplementary Protocol.
Website:
Cartagena Protocol on Biosafety [external link]
Particular interest to Māori and other groups:
It is difficult to identify with any precision the potential impact such a treaty may have on Māori. It is currently anticipated that any impact would be minimal. Other interest groups include:
Legislation required:
Not yet clear.
Contact:
Andrew Williams
Legal Adviser
Legal Division
Ministry of Foreign Affairs and Trade
Email: andrew.williams@mfat.govt.nz
Ph: (04) 439 8338
Fax: (04) 439 8103
Parties to the Convention on Biological Diversity (CBD), including New Zealand, recently concluded negotiations on a protocol to the CBD aimed at giving effect to the third objective of the CBD, namely “the fair and equitable sharing of the benefits arising out of the utilisation of genetic resources, including by appropriate access”. The protocol establishes a set of international rules for governing access to genetic resources, and to seek to ensure that any benefits that arise from the utilisation of genetic resources and/or traditional knowledge associated with genetic resources are fairly and equitably shared.
Lead agency:
Ministry of Foreign Affairs and Trade
Status:
Multilateral. The protocol was adopted at the 10th Conference of the Parties to the Convention on Biological Diversity held in October 2010 in Nagoya, Japan. The Government has decided that New Zealand will not sign or ratify the Nagoya Protocol until after domestic issues relating to the Wai 262 claim and ambiguity regarding the application of the protocol to the agricultural and health sectors are resolved or clarified.
Website:
Cartagena Protocol on Biosafety [external link]
Particular interest to Māori and other groups:
The protocol is of interest to Māori because it concerns subject matter relevant to the Waitangi Tribunal’s “Wai 262” claim i.e. genetic resources, traditional knowledge and cultural intellectual property. The protocol is also important to anyone wishing to access and utilise indigenous or foreign genetic resources for research and development purposes e.g. researchers and biotech companies.
Legislation required:
If New Zealand is to ratify the protocol, the Government will most likely need to pass legislation to implement its obligations under the protocol.
Contact:
Ed McIsaac
Policy Officer
Environment Division
Ministry of Foreign Affairs and Trade
Email: ed.mcisaac@mfat.govt.nz
Ph: (04) 439 8189
Fax: (04) 439 8103
The ITU Constitution and Convention is the basic instrument of the International Telecommunications Union. The purpose of the treaty is to facilitate peaceful relations, international co-operation among peoples and economic and social development by means of efficient telecommunication services. The treaty sets out the rights and obligations of Members States of the ITU, as well as provisions for the functioning of the ITU.
The amendments to the ITU Constitution and Convention adopted at the ITU Plenipotentiary Conference 2010 alter the rights of Member States in respect of choosing and reducing their class of financial contribution to the ITU.
Lead agency:
Ministry of Economic Development
Status:
Multilateral. New Zealand has signed the instruments of amendment to the treaty (Final Acts of the Conference. A NIA has been drafted and consultation with MFAT is in progress prior to consideration by Cabinet, and subsequent presentation to Parliament with the treaty amendments.
The instruments of amendment state that the amendments shall enter into force on 1 January 2012 between Member States having deposited before that date their instrument of ratification.
Website:
http://www.itu.int/pub/S-CONF-ACTF [external link]
Particular interest to Māori and other groups:
No potential impact on Māori interests is foreseen.
No potential impact on stakeholders other than Māori is foreseen.
Legislation required:
No.
Contact:
Tracey Black
Senior Policy Analyst
Radio Spectrum Policy & Planning Group
Energy and Communications Branch
Ministry of Foreign Affairs and Trade
Email: tracey.black@med.govt.nz
Ph: (04) 470 2537
Fax: (04) 439 0969
The Radio Regulations provide a detailed technical and operational basis for utilisation of the radio frequency spectrum. The regulations provide for a wide range of radiocommunication services including those necessary for broadcasting, aeronautical, maritime, national defence usage, and general telecommunications use such as cellular services. Specialised coordination procedures for both terrestrial usage and the use of the various satellite orbits are provided within the regulations. The Radio Regulations are partially reviewed and revised every 3-4 years to ensure that they are appropriate for existing and emerging radiocommunication services.
Lead agency:
Ministry of Economic Development
Status:
Multilateral. Asia Pacific Preparatory Group meeting to be held in Busan, Korea 29 August to 3 September 2011. World Radiocommunication Conference to be held in Geneva, Switzerland, January & February 2012.
The instruments of amendment state that the amendments shall enter into force on 1 January 2012 between Member States having deposited before that date their instrument of ratification.
Website
http://www.itu.int/ [external link]
Particular interest to Māori and other groups:
No impact on Māori interests is foreseen.
Participants from the telecommunications and broadcasting industries, government departments and amateur radio interests are involved in establishing New Zealand’s position on specific items of the 2012 World Radiocommunication Conference agenda and are also to actively participate in the Conference. Industry groups who utilise the radio spectrum will participate in the negotiations and are invited to comment on the revised Regulations.
Legislation required:
No.
Contact:
David Kershaw
Senior Policy Analyst
Radio Spectrum Policy & Planning Group
Energy and Communications Branch
Ministry of Foreign Affairs and Trade
Email: dave.kershaw@med.govt.nz
Ph: (04) 474 2186
Fax: (04) 499 0969
