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Under the United Nations Convention on the Law of the Sea 1982(external link), countries have the right to regulate, authorise and carry out marine scientific research in their own territorial sea, exclusive economic zone and continental shelf. The Ministry of Foreign Affairs and Trade manages these approvals for:
- Foreign marine scientific research in New Zealand’s territorial sea, exclusive economic zone or continental shelf. This includes marine scientific research in the territorial sea and exclusive economic zone surrounding Tokelau.
- New Zealand researchers planning marine scientific research in another country’s waters.
Conducting marine scientific research in another country
This guidance is for New Zealand-based researchers and research organisations planning marine scientific research in another country’s waters. MFAT works through New Zealand’s overseas diplomatic network to seek consent from other countries on your behalf. Applications must be lodged at least six months in advance, so you need to contact us as early as possible and at least seven months before your research is planned to start. Once we have applied on your behalf, the receiving country decides whether to approve your request (perhaps with conditions) or decline it.
Email applications and queries to: MSR@mfat.govt.nz
Information to be provided
As every country has its own consenting process, there is no standard form, but the United Nations Convention on the Law of the Sea 1982 requires applications to include:
- the nature and objectives of the project
- the method and means to be used, including name, tonnage, type and class of vessels and a description of scientific equipment
- the precise geographical areas where the research will be carried out
- the expected arrival and departure of research vessels or appearance and removal of equipment
- the name of the sponsoring institution, its director, and the person in charge of the project, and
- the extent to which the country can participate or be represented in the research.
Conditions of approval
Countries may approve your application with conditions, which you must comply with. The United Nations Convention on the Law of the Sea 1982 includes the following conditions:
- you must provide the coastal state with preliminary reports, final results and conclusions of your research
- you must provide the coastal state with access to all data and samples derived from the research, together with an assessment of these
- you must allow the approving country to participate or be represented in the research, if requested
- you must ensure that the results of the research are made internationally available
- you must inform the coastal state immediately of any major change in the research programme, and
- you must remove all installations or equipment once the research is completed.
Conducting marine scientific research in New Zealand
Marine scientific research in New Zealand waters carried out, or sponsored by, a foreign government, entity or person needs the consent of the New Zealand Government.
This information is for foreign governments, organisations or individuals planning marine scientific research in New Zealand’s Territorial sea, Exclusive Economic zone or Continental shelf. This includes the territorial sea and exclusive economic zone surrounding Tokelau.
Applications must be submitted through your country’s embassy or high commission accredited to New Zealand with a diplomatic (third person) note and using the New Zealand Marine Scientific Research application form.
Applications must be lodged six months before the start of the proposed voyage.
Embassies or high commissions should email applications and queries to: MSR@mfat.govt.nz
How we assess applications
We may consult other New Zealand government agencies when assessing your application and share information about your application with them. We may also request additional information from you.
Once we’ve assessed your application, we may approve it with conditions or decline it.
Conditions of approval
We may impose conditions under international law, including requirements under the United Nations Convention on the Law of the Sea 1982 to:
- provide us with preliminary reports, final results and conclusions of your research
- provide us with access to all data and samples derived from the research, together with an assessment of these (learn how to provide this information from Land Information New Zealand Marine scientific research | Marine information Guidance)(external link)
- allow New Zealand representatives to participate in or observe the research
- make your research results publicly available
- notify us of major changes to the research programme, and
- remove research equipment when the research is complete.
You may also need to meet requirements under New Zealand domestic law, such as:
- Giving notice of your plans to the New Zealand Environmental Protection Authority and complying with the Exclusive Economic Zone and Continental Shelf (Environment Effects- Permitted Activities) Regulation 2013(external link). Government owned and operated vessels conducting marine scientific research for wholly government purposes are exempt from some of these requirements. EPA Marine scientific research, prospecting and exploration(external link).
- Conditions required by regional councils for applications in the territorial sea, including consultation with iwi and hapū, and (in some instances) resource consent. We will advise you if any apply.
Previous research voyages
Information from previous marine scientific research voyages, including reports and datasets is available from Land Information New Zealand Marine scientific research | Marine information Guidance(external link)