United Nations General Assembly: Oceans and the law of the sea

Ministry Statements & Speeches:

Delivered by Permanent Representative, H.E. Ms. Carolyn Schwalger

President, distinguished delegates,

Aotearoa New Zealand is again very pleased to cosponsor the General Assembly resolutions on oceans and the law of the sea, and on sustainable fisheries.

Our sincere gratitude is to the Coordinators, Ms Natalie Morris Sharma and Mr Andreas Kravik, for their dedicated stewardship of the consultations on these resolutions. We also thank the Division for Oceans Affairs and the Law of the Sea for its ongoing, and always patient, support.

The United Nations Convention on the Law of the Sea has for 40 years been a mainstay of the international rules-based order.

New Zealand remains deeply committed to upholding the Convention’s position as the definitive legal framework within which all activities in the oceans and seas must be carried out. We welcome the reaffirmation of the Convention’s position, and the reiteration of its universal and unified character, in these resolutions.

2022 has colloquially been called ‘the Year of the Ocean’. New Zealand is one of many Member States that welcomed the reflection, in these resolutions, of progress made this year to ensure that UNCLOS rights are enjoyed, and its rules and obligations are implemented.

In that regard, we continue to hold serious concerns about developments in the South China Sea, particularly destabilising actions that pose risks to the freedom of navigation and overflight, guaranteed by UNCLOS. We call on all parties to commit to peaceful solutions and settle disputes in accordance with UNCLOS, as the Constitution for the Oceans.

This year, President, New Zealand was pleased to join the declaration made at the second UN Ocean Conference, Our ocean, our future, our responsibility. It is an important statement of our collective understanding that “Greater ambition is required at all levels to address the dire state of the ocean”.

New Zealand joins many delegations in appreciating the undeniably significant progress made this year towards a new agreement under UNCLOS on the conservation and sustainable use of marine biodiversity beyond areas of national jurisdiction. We look forward to the conclusion of an ambitious agreement in February 2023.

President, discussions towards regulations on activities in the Area are reaching a critical stage at the International Seabed Authority (ISA). In this context, New Zealand is guided by article 145 of the Convention, which imposes a legal obligation for members of the International Seabed Authority to ensure the effective protection of the marine environment from the harmful effects of any activities in the deep seabed beyond national jurisdiction.

For this reason, New Zealand is calling for a conditional moratorium on deep sea mining in the Area, until regulations can be agreed that ensure the effective protection of the marine environment.

New Zealand remains committed to engaging in the discussions at the ISA to ensure that regulations embed the effective protection of the marine environment and the precautionary approach, as required by the Convention.

President, New Zealand joins other states in welcoming the 2022 sustainable fisheries resolution. Commitments in this resolution, when implemented effectively, have an important impact on the long-term sustainability of our oceans and fisheries.

This year the consultations included the 4th UNGA Bottom Fishing Review which provided an opportunity to reflect on implementation of bottom fishing commitments relating to the protection of vulnerable marine ecosystems and the health of deep sea fish stocks. New Zealand was pleased to contribute to discussions on these two critical aspects of overall ocean health. Reviews such as this allow us to take a step back and assess whether the current commitments are having the positive impact on our oceans that we aspire for them to have.

The Secretary-General’s report noted that, despite progress, uneven implementation of bottom fishing commitments remains an issue. In line with new language in the 2022 resolution, New Zealand encourages all states to identify and overcome barriers to implementation so that we can improve protection of our oceans and fisheries and safeguard them for the benefit of future generations.

President, Sea-level rise and climate change pose grave threats to small island developing states and low lying communities around the world, especially in our Pacific region. As a signatory to the Pacific Islands Forum Leaders’ Declaration on Preserving Maritime Zones in the Face of Climate Change-Related Sea-Level Rise, New Zealand is committed to working with the international community to ensure that the maritime rights and entitlements that many states rely on are preserved, consistent with the principles of equity, certainty and stability that underpin the Convention.

Thank you.

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