Turning the Tide Integrated marine planning in New Zealand - NZLII
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Turning the Tide Integrated marine planning in New Zealand This report explores the utility of marine spatial planning as an approach to strengthen marine management in New Zealand. It contains an in-depth review of the Sea Change Raewyn Peart Tai Timu Tai Pari project undertaken in the Hauraki Gulf between 2013 and 2106. It reviews recent international literature on marine spatial planning and investigates six leading overseas marine plans. Finally, it contextualises the Hauraki Gulf project within this broader body of marine spatial planning practice and draws out lessons applicable to future marine planning exercises in New Zealand.
First published November 2018 Published by: Environmental Defence Society Incorporated P O Box 91736 Victoria St West Auckland 1142 Phone (09) 302 2972 manager@eds.org.nz www.eds.org.nz www.environmentguide.org.nz Design: Neale Wills, Wilsy Design & Production Ltd Photographic images: Raewyn Peart Cover image: Tahunanui Beach, Nelson Copies can be downloaded from www.eds.org.nz Use and copying of the information in this report is welcomed and allowed so long as the source is acknowledged. ii TURNING THE TIDE – INTEGRATED MARINE PLANNING IN NEW ZEALAND
TABLE OF CONTENTS 1 Overview of key findings 1 1 .1 Development of MSP worldwide 2 1.2 Summary of lessons learned from Sea Change Tai Timu Tai Pari 3 1.3 Summary of lessons learned from international practice 7 1.4 Utility of MSP as a marine management tool in New Zealand 8 2 Lessons learned from Sea Change Tai Timu Tai Pari 9 2.1 Project configuration 10 Project initiation 10 Project resourcing and management 13 Project design 14 2.2 Co-governance 18 2.3 Collaborative plan making 19 Selection of SWG members 19 Independent Chair 21 Collaborative process 21 External relationships 24 Roundtables 25 2.4 Information flows 26 Mātauranga Māori 26 Science 28 Independent Review Panel 32 2.5 Public engagement and communications 33 2.6 Implementation 36 Content of plan 36 Implementation process 37 2.7 Conclusions 40 3 International MSP practice 41 3.1 International literature review 42 3.2 In-depth review of marine plans 49 Integrated management plan for the Barents Sea and the Sea Areas of the Lofoten Islands 2006 (revised 2011)49 Belgian North Sea Master Plan 2003 and New Belgian Maritime Spatial Plan 2014 51 Rhode Island Ocean Special Area Management Plan 2010 52 Haida Gwaii Marine Plan 2015 54 East Inshore and East Offshore Marine Plans 2014 56 The Pentland Firth and Orkney Waters Pilot Plan 2016 57 4 Key lessons from international MSP experience 61 4.1 Impetus 62 4.2 Scope and scale 62 4.3 Regulatory framework 62 4.4 Management and advisory bodies 63 4.5 Timeframes 63 4.6 Funding 64 4.7 Methodology 64 4.8 Public and stakeholder involvement 64 4.9 Role of science 65 4.10 Contents of plans 65 4.11 Provisions for traditional use and management 66 4.12 Implementation and monitoring 67 4.13 Conclusions 67 References 69 Endnotes72 TABLE OF CONTENTS iii
LIST OF FIGURES 2.1 Components of the Sea Change project assessed 10 2.2 Structure of the Sea Change project 12 2.3 Sea Change external expenditure budget estimates (2012) 13 2.4 Map of the Hauraki Gulf Marine Park and catchments 15 2.5 Sea Change timeline 17 3.1 Summary of the key components of MSPs 59 LIST OF ACRONYMS AND ABBREVIATIONS DOC Department of Conservation EDS Environmental Defence Society EEZ exclusive economic zone FTE full-time equivalent GIS geographical information systems IRP Independent Review Panel MMO Marine Management Organisation MPA marine protected area MPI Ministry for Primary Industries MSP marine spatial planning / marine spatial plan NOAA National Oceanic and Atmospheric Administration Pause Pause in the Sea Change Tai Timu Tai Pari project during mid-2015 to reconfigure the project PSG Project Steering Group RMA Resource Management Act 1991 Sea Change Sea Change Tai Timu Tai Pari marine spatial planning project SWG Stakeholder Working Group WRC Waikato Regional Council ACKNOWLEDGEMENTS The Environmental Defence Society (EDS) would like to acknowledge the financial support from the Department of Conservation Community Fund which enabled this project to be undertaken. We would like to thank Brooke Cox for her assistance with the international literature review and investigation into overseas marine spatial plans. We would also like to thank those who generously gave up their time to be interviewed for the project and those who provided peer review comments. However, the content of the report is solely the responsibility of the author. iv TURNING THE TIDE – INTEGRATED MARINE PLANNING IN NEW ZEALAND
This report explores the utility of marine spatial planning MSP pilots were undertaken in the Irish Sea and the (MSP) as an approach to strengthen marine management Belgian North Sea during the early 2000s. The successful in New Zealand. It draws on lessons distilled from the rezoning of the Great Barrier Reef Marine Park in 2004 MSP project undertaken in New Zealand for the Hauraki reinforced the value of MSP. Originally described as Gulf Marine Park and from international practice. The ‘marine zoning’, the alternative term ‘marine spatial report undertakes a detailed examination of the Sea planning’ was developed during the mid-2000s because Change Tai Timu Tai Pari (Sea Change) MSP project ‘zoning’ was considered to be a politically difficult concept undertaken between 2013 and 2016 (set out in Chapter to sell. 2 In practice, few marine spatial plans (MSPs) 2). It reviews recent international literature on MSP include detailed zonings, with the Great Barrier Reef plan and investigates six leading overseas marine plans (set being a notable outlier in this respect. out in Chapter 3). Finally, it distils lessons learnt from international MSP practice and contextualises Sea In their step-by-step MSP guide published by UNESCO Change within this broader body of MSP experience (set in 2009, Ehler and Douvere describe MSP as ‘a public out on Chapter 4). process of analysing and allocating the spatial and temporal distribution of human activities in marine areas In this chapter, we bring together the key lessons from to achieve ecological, economic, and social objectives that these three research endeavours and apply them to are usually specified through a political process’. 3 It is a the broader New Zealand context. First, we chart the deliberative, forward-looking and cross-sectoral exercise evolution of MSP as a concept and practice worldwide. that seeks to reconcile competing considerations. 4 Secondly, we provide an overview of the lessons from the Merrie and Olsson describe MSP as innovative because Sea Change project. Thirdly, we summarise the lessons ‘it enables the recognition that the oceans are no longer from international practice. Finally, we seek to answer the being a free-for-all commons and rather a space where question: What is the utility of MSP as a tool for marine human interests and responsibilities (established and management in New Zealand? emerging) and ecosystems interact’. 5 More recently, the underlying concept underpinning 1.1 Development of MSP worldwide MSP has transitioned from ‘sustainable development’ Marine spatial planning is an approach that has to ‘ecosystem-based management’. When applied to increasingly been applied in countries around the world the marine area, ecosystem-based management aims to better manage the pressures and conflicts arising from to ‘maintain marine ecosystems in a healthy, productive human use of the sea. In 2014, it was described as ‘an and resilient condition so that they can sustain human idea whose time has come’.1 The beginnings of MSP stem uses of the oceans and provide goods and services’. 6 An back to the first zoning of the Australian Great Barrier Reef ecosystems approach considers all the known interactions Marine Park in 1981, which drew on terrestrial land-use within a marine ecosystem, including those of humans, and conservation planning approaches. The resultant rather than taking a single species or sector focus. It plan provided a practical demonstration of how ocean recognises the interdependence between ecological, space could be spatially delineated. Supported by the social, economic, and institutional systems.7 MSP provides subsequent growth of marine science and development an integrated, place-based planning approach which can of geographical information systems (GIS), promising be used to address ecosystem considerations. 8 Islington Bay, Rangitoto Island 2 TURNING THE TIDE – INTEGRATED MARINE PLANNING IN NEW ZEALAND
MSP has become increasingly popular with marine how to address them. The plan itself sets out a roadmap planners, with UNESCO identifying such planning for action to reverse this decline, while providing for initiatives in 65 countries. 9 Kyvelou and Pothitaki describe current and future uses. What Sea Change has also the application of MSP in regions as diverse as Africa provided is a rich learning ground which future projects (Angola, Namibia, Madagascar, Mauritius, Seychelles can benefit from, by building on the project’s strengths and and South Africa), Asia (Cambodia, Philippines, Vietnam, putting in place mechanisms to address its weaknesses. Indonesia, Thailand and China), America (Canada, Costa Several book chapters and articles have been published Rica, Mexico, United States) and Europe.10 All member which describe the Sea Change project and its states of the European Union are now required to outcomes.17 In addition, the Office of the Auditor General establish MSP by 2021.11 This has been associated with a is currently undertaking a performance audit looking at growing ‘blue growth’ dialogue in Europe, where MSP is how effective the process was to develop and implement linked with the development of marine economies.12 the first attempt at a MSP in New Zealand, with a report MSP is increasingly seen as a ‘key political tool both for due out in late 2018. A detailed description and analysis the implementation of development goals related to the of the Sea Change project is presented in Chapter 2. This sea and oceans and the sustainability and ecosystem is based on a review of relevant documents, a case study management approaches’. However, a key remaining prepared as part of the Sustainable Seas National Science challenge is how to ‘translate its principles into concrete Challenge which investigated the role of mātauranga action’.13 Despite its challenges, the popularity of MSP Māori and science in the Sea Change process, and 37 is continuing unabated, with the Intergovernmental in-depth interviews undertaken with a wide variety of Oceanographic Commission predicting that by 2025 MSP people directly involved in the Sea Change project. could cover just under one-third (44 million km2) of the world’s exclusive economic zones (EEZs).14 Impetus MSP has been applied in varying ways at different The impetus for Sea Change was growing concern about locations. Many of the processes fail to live up to the the ecological decline of the Hauraki Gulf, as highlighted ambition of undertaking fully integrated, participatory and by the Hauraki Gulf Forum’s State of Our Gulf reports, as ecosystem-based planning exercises. This divergence well as growing conflicts over its use. Efforts to obtain new of approach may reflect the reality of different localities water space for both marine protection and aquaculture and political contexts. As Kidd and Ellis observe, had been stymied by strong opposition. The Hauraki ‘Planning styles geared more towards trial-and-error Gulf Forum and staff at both Auckland Council and the experimentation, controlled risk-taking, long-term Waikato Regional Council (WRC), supported by EDS, adaptation and the realpolitik of governance may be more strongly championed the idea of developing a MSP for the appropriate in such an “age of uncertainty”.’15 Sea Change Gulf. There was a strong constituency for change. can be seen in this light, as an experiment and exercise in The willingness to embark on such a project at that time, adaptive management which we can learn from and build however, was not as strong in the political realm. It took a on in the future. year for Auckland Council to approve the project, and with councillors evenly divided on the matter, the project only proceeded on a casting vote by the then chair. There were 1.2 Summary of lessons learnt from also competing agendas at central government level, with Sea Change Tai Timu Tai Pari the launch of a proposal to establish a recreational fishing Sea Change was the first fully-integrated MSP project park in the Hauraki Gulf not long after Sea Change got in New Zealand. In the context of international MSP under way. practice, Sea Change was ground-breaking. It built on an This experience highlights the importance of strong international review of MSP commissioned by the Hauraki champions for a MSP project in order to bring on board Gulf Forum in 2011,16 but very much adapted international all the relevant players. Support is more likely if there practice to the local context. It brought together several are serious and well-articulated problems which current strands of evolving natural resource management practice management efforts are failing to address and clear in New Zealand, including the establishment of Crown- opportunities to achieve positive change. As discussed iwi partnership co-governance and co-management further below, it is also important that strong agency and structures, the use of multi-stakeholder collaborative political champions are retained and engaged throughout processes, and the integration of mātauranga Māori and the planning process and into the implementation phase. scientific approaches. Sea Change was the most ambitious marine planning Project structure and resourcing exercise to be undertaken in the country. It took place The project design was complex, reflecting the multi- in the most contested marine space in New Zealand. agency, co-governance and collaborative nature of Completing the plan through a consensus process was the plan making process. Overseeing the project was a major achievement and something that has yet to be a Project Steering Group (PSG) consisting of council attempted in MSP overseas. The integrated planning politicians, central government agency officials and mana process enabled a strong focus to be placed on strategic whenua. It was advised by an Independent Review Panel drivers of environmental decline in the Hauraki Gulf and (IRP) consisting of national and international experts 1: OVERVIEW OF KEY FINDINGS 3
whose role was to assess the Sea Change project against rarely achieved in practice, and so in this respect Sea the UNESCO framework and report to the PSG. A Project Change can be described as world-leading. Board consisting largely of agency staff oversaw the nuts From the outset, there was a range of views as to how and bolts of the project including budgets, resourcing much leeway should be given to the SWG to develop the and timeframes. A Project Manager was tasked with plan. One view, which ultimately prevailed, was that there day-to-day management of these aspects. There were should be minimal constraints on the process so that the also ‘business owners’ in each participating agency. collaborative group could innovate to develop solutions to The actual plan making process was undertaken by the the complex problems facing the Gulf. An alternative view Stakeholder Working Group (SWG) under the guidance of was that the project scope and deliverables should be the Independent Chair. The Independent Chair was tasked more tightly defined so that the final outputs were more with the challenging role of shepherding the SWG through predictable and could align well with agency functions, a collaborative process to deliver a plan within a tight funding cycles and support initiatives already under way. timeframe, as well as to provide a conduit between the SWG and the other project groupings. The broad brief given to the SWG did enable innovation, and parts of the plan have been challenging for Problems were encountered with this somewhat complex implementing agencies. Arguably innovation was structure. At times, accountabilities became opaque to required in this case if the intractable issues affecting those involved in the project. Partway through the project, the Gulf were to be resolved. But one of the downsides relationships became strained between the PSG and of such a fluid approach was that there remained a SWG, between the SWG and agencies, and between wide variation in expectations amongst implementing mana whenua, the Independent Chair and the project agencies commissioning the plan and others as to what team. This generated a partial restructure which improved the project would deliver. Inevitably, not all of these matters considerably. expectations were met. More effort needs to be put into Substantial resources were made available to the project. managing expectations in future MSP projects. Where However, Sea Change did not have dedicated project possible, these should be explicit and agreed amongst the staffing, with most staff being seconded from agencies, sponsoring agencies. and additional expertise being provided through short-term The project was given a short timeframe of 18 months external contracts from time to time. Some staff were to deliver a plan. In hindsight, producing a meaningful seconded full time but others had only a small proportion of plan for a such large and well-utilised area which was their time assigned to the project. The skills of the seconded experiencing complex problems – using a collaborative staff did not always match the project’s requirements. process and by integrating mātauranga Māori – was very Auckland Council was undergoing several rounds of ambitious. Although setting a tight timeframe helps to restructuring which resulted in an uncertain environment for focus attention, it does create more stress. In the case of its staff. Auckland Council was developing its Unitary Plan Sea Change, the initial tight timeframe contributed to a and WRC was undertaking a major planning exercise in weakening of relationships and the project was paused the Waipā and Waikato River catchments which absorbed for several months (hereafter referred to as ‘the Pause’) much political and staff attention. All these factors hindered before continuing in a reconfigured form. The final plan the development of a strong core project team. was delivered after 3 years. A project timeframe of 3–4 There are lessons from this experience for future MSP years is more the norm for international MSP projects and projects. Multi-agency projects are complex with multiple we would suggest that a 3-year timeframe would likely lines of accountability and reporting, various budgetary be appropriate for future MSP projects in New Zealand cycles and the like. However, to the extent possible, the (depending on scope), particularly if it was preceded by a project structure needs to be streamlined. There should period of baseline data gathering. be a dedicated project team carefully selected to meet the skills required to deliver the project. Strong working Co-governance relationships need to be built between all the different As already described, the governance body for Sea elements of the project, and the more streamlined the Change (the PSG) was a mix of local government structure, the easier this task will be. politicians, central government officials and mana whenua. This usefully brought together all the different agency Project design sponsors of the plan in partnership with mana whenua. The PSG’s role was to provide overall leadership and high The project encompassed the entire Hauraki Gulf Marine level oversight of the plan making process, to approve Park, as well as its catchment areas to the extent these the plan on completion by the SWG and to advocate impacted on the Park. This broadly coincided with coastal implementation by their respective agencies. marine ecosystems. It also included all functions and activities within the Park including fisheries and marine The Mātauranga Māori Roundtable (which was established protection. This broad geographical and functional scope in around October 2014 and renamed the Mātauranga enabled the development of an integrated and ecosystem- Māori Representative Group in September 2015) brought based plan and it reflected the approach in the Hauraki together the mana whenua members of the PSG and Gulf Marine Park Act 2000. Such an integrated approach SWG, thereby breaching the structural governance/ is also identified as desirable in MSP literature, but it is operational divide between the two bodies. This was of 4 TURNING THE TIDE – INTEGRATED MARINE PLANNING IN NEW ZEALAND
concern to some interviewees. On the positive side, this enabling agreements to be reached. The collaborative arrangement proved effective in supporting the mana process was very time-consuming for participants, but whenua members of the SWG, and it helped to embed individuals were positive about the personal benefits they mātauranga Māori into the plan. However, the short project gained in return. Future MSP projects would do well to timeframe made effective dissemination of material to the consider incorporating collaboration into the plan making wider Hauraki Gulf iwi and hapū groups challenging. process as part of broader engagement. The PSG was disestablished after adopting the plan One of the challenges with collaborative plan making and handing it over to the sponsoring agencies, so it is the interface between the collaborative body (in this was not able to undertake the later role of advocating case the SWG) and the agencies which both sponsor implementation. This role was also compromised by the the process and are the implementing bodies. In Sea local government elections, which were held just prior to Change, the agencies were largely kept outside of the the plan’s release, where several key members of the PSG collaborative process. This is in contrast to the approach lost their seats. These events highlight a weakness in the taken in other similar processes, such as the Land and Sea Change project structure, which saw all the project Water Forum, where agency staff participated as ‘active entities (including the PSG, SWG, Independent Chair, observers’. ‘Agency conduits’ were established in the later project team and communications lead) disestablished stages of the Sea Change project which went someway once the plan was publicly launched. No formal multi- down this path. The uneasy relationship between the agency or stakeholder structure was retained, or put agencies and the SWG caused some difficulties and plan in place, to oversee implementation, monitoring and implementation challenges. Future MSP projects will review of the plan (although informal liaison between need to design in a more effective interface between the agencies has occurred). No specific budgetary two groupings, which could consist of agency staff being provision or resourcing was made available for the around the SWG table as ‘Active Observers’, having long- implementation stage. International experience indicates term secondments into the project team, or being more that implementation is one of the most challenging closely integrated as members of working groups (such as phases of MSP. It needs considered thought and design the Roundtables). during the plan making process and dedicated resource once the plan is completed. Future MSP projects in New A further challenge is the relationship with members of Zealand need to consider implementation structures the public and local communities, who can feel alienated and processes (including monitoring and reporting on from the process. They can also be uncomfortable effectiveness) at the outset of the project. with a planning process which is novel and different to statutory plan making. This is why well-constructed and Selection of SWG members communicated community engagement mechanisms are an important part of collaborative planning processes. It was broadly recognised that getting the right people onto the SWG was critical to the success of the project. Roundtables Selecting 10 people to represent the myriad of stakeholder interests in the Hauraki Gulf was never going to be Six Roundtables were established to focus on specific easy. The selection process came under some criticism, aspects of the plan and to involve a broader range including that it was only those who turned up to the of stakeholders in the plan development work. The selection meeting that were chosen. But it did enable Roundtables met monthly for six months and then sectors to identify their own representatives (which meant reported back to the SWG, after which they were that SWG members were to some extent mandated by disestablished. Overall, the Roundtables were seen as their sectors), and it also included a screening mechanism a very positive element of the project. They should be to exclude potentially disruptive people. An additional four considered for incorporation into future MSP projects. mana whenua members were selected through a hui-ā-iwi They could be improved through bringing all the groups process. The members of the Sea Change SWG were high together from time to time to discuss overlaps and calibre, constructive and able to effectively collaborate. synergies. The groups could also be retained to act However, some sectors were not well represented. Future as sounding boards later on in the project, as the plan MSP projects will need to further refine processes to provisions are developed, and could review draft output. ensure that good representation is obtained on the SWG. Mātauranga Māori Collaborative process It was agreed from the outset that mātauranga Māori Although the collaborative process proved challenging, it would be incorporated into the plan, but this was not well was also one of the notable strengths of the Sea Change defined and did not prove easy to achieve in practice. process. Stakeholders with a myriad of different interests There are around 26 iwi and hapū groups with an interest and worldviews came together with mana whenua, and all in the Hauraki Gulf and it was difficult for the four mana agreed on a package of measures for the Hauraki Gulf. A whenua members of the SWG to fully represent them. close relationship developed between the SWG members, It took some time for an effective mātauranga Māori and this social capital has beneficially flowed into other support structure to be put in place, and with the tight Gulf initiatives since the plan was completed. People initial timeframe for the completion of the plan, this made shifted their positions considerably during the process, effective integration challenging. 1: OVERVIEW OF KEY FINDINGS 5
The establishment of the Mātauranga Māori Roundtable scientist could also be included on the SWG, although with specialist technical support was a positive step, as this may unhelpfully blur the line between independent was engaging a Māori writer, designer and GIS expert science and sectoral representation. to assist the plan writing and production team. Overall, interviewees thought that mātauranga Māori had Public engagement and communication strengthened the plan considerably and that Sea Change Much effort was put into the engagement and had made more progress in this area than other planning communications effort during the early phases of the exercises in New Zealand. Future MSP projects would project with ‘Listening Posts’ (see section 2.5), surveys, benefit from designing in a mātauranga Māori support outreach to public events, an active website and public structure from the outset and should consider resourcing meetings. The effort wound down during the later stages the development of mātauranga Māori material prior to and the communications function was disestablished the formal plan making process commencing. after the plan was publicly launched. Several interviewees identified the Listening Posts as being particularly valuable. Science Despite the considerable effort and expenditure of The science underpinning Sea Change was generally resource, many interviewees thought that engagement regarded to be of very high quality. Many scientists, and communications was one of the weaker parts of the who were senior experts in their field, presented their project. There are several likely reasons for this. There work directly to the SWG and Roundtables. The science was no communications plan or lead when the project needs of the project were largely identified by the SWG began and the role was occupied by various people during with assistance from the project team. At times, the the duration of the project, making continuity difficult. scientific information was gathered on request between The connection between the communications team and monthly SWG and Roundtable meetings, rather than the SWG could have been stronger, so that information a coherent science programme being constructed in gathered through surveys was better utilised. There was advance. However, the science drawn on was broad and a paucity of public information during the last year or fairly comprehensive. so of plan development, creating uncertainty amongst At times, some of the SWG and Roundtable members the public as to what was happening. Insufficient time felt swamped with science, and they had too little time was provided to prepare for an effective public launch to digest it adequately. On the other hand, several SWG of the plan when it emerged. There was also a lack of and Roundtable members commented very positively on clarity as to whether the draft plan would go out to public what they had learnt from the scientific presentations, consultation, with a decision not to include this step only and these learnings were one of the highlights of their made by the PSG during the latter stages of the project. involvement in the process. Later on in the project, two Communications and public engagement is a crucial part science conduits were engaged to assist the SWG in the of any future MSP project. It needs to be carefully planned plan writing stage, and this worked well. Many overseas ahead of time, be consistent throughout the entire project, MSP projects establish a technical advisory body to help and continue through into the important implementation manage the technical input into the plan and provide phase. A senior communications person should be a quality assurance, and this was the approach taken in the dedicated part of the project team from the outset and Land and Water Forum. Such a body could include senior could liaise with the SWG and the Independent Chair scientists, mātauranga Māori experts, economists and through a communications subgroup. The process for policy advisors. engaging sectoral groups and members of the public in The Department of Conservation (DOC) put considerable the project should be decided and communicated upfront, resource into developing the web-based mapping software including when consultation will take place and whether SeaSketch and populating it with data sets. Auckland draft plan material will be made available for comment. Council and WRC staff also spent much time on this task, assembling data sets and sending them through to DOC The plan and implementation for uploading. Most interviewees considered SeaSketch Interviewees were generally very positive about the final to be helpful, but it could have been more fully utilised plan that emerged from the process. It was described by in the planning process. Initially, SWG members were some interviewees as balanced, future-looking, ambitious, expected to use SeaSketch directly after a short training and an excellent start. It includes new initiatives for session, but the software proved more complex to use than biodiversity and habitat restoration, sediment reduction, anticipated. Later on in the process a dedicated technician and co-governance of local marine areas. It provides was provided by DOC to use SeaSketch during SWG for the expansion aquaculture and marine protection. It discussions and this worked well. proposes new management settings for fish stocks and a strategy to transition commercial fishing to a higher value The key lesson from the use of science in the Sea and less environmentally damaging model, amongst many Change project is that future MSP projects could benefit other things. from including a strong science lead to help curate and interpret the science for SWG members. This could be However, no MSP is perfect and some interviewees in the form of a Chief Scientist, one or more science identified weaknesses in coverage in areas such as conduits, or a hands-on scientific advisory body. A infrastructure, biosecurity and climate change. Others 6 TURNING THE TIDE – INTEGRATED MARINE PLANNING IN NEW ZEALAND
thought that the plan lacked detail and could have been from the Sea Change process. Our research indicates more spatially referenced. Yet others felt that some that there is no one best way to undertake MSP, and very of the recommendations were impractical, unfeasible different approaches have been successfully applied or technically unachievable. A consensus process in various settings. The local context is important. In necessarily generates compromise solutions which do not countries where the role of government in society is find favour with everyone. Internationally, MSPs are often relatively strong (such as in Europe) the planning process seen as a work in progress, to be further developed over has been more top down, and the implementation more time as experience is built up. Several plans developed in directive. In other places, where the governmental context other countries are now into their second generation and is more complex, stakeholders can play a much stronger have become more fully fleshed out over time. role in decision-making. Some of the key findings from the Implementation is one of the most important phases of review, and their relevance to the New Zealand context, a MSP project and there is broad consensus that Sea are summarised below. The full international literature Change has encountered difficulties in this area. Nearly review and more detailed examination of six marine plans two years after the plan was finalised, only a patchy is set out in Chapter 3. implementation effort is evident. In hindsight, there are a More and more countries are formalising MSP within number of factors that have contributed to this situation regulatory frameworks, sometimes after undertaking non- and that will need to be addressed in future MSP projects. regulatory pilot projects. In this context, the Sea Change They include: project could be seen as a pilot which can inform the • Insufficient time to fully test draft plan provisions with framing of future MSP regulatory provisions. The projects agencies, key stakeholder sectors and the general are typically led by government agencies and take public prior to plan finalisation around 3–4 years. The planning processes differ between • Lack of prioritisation of actions countries but all include a mix of scientific assessments and stakeholder engagement. Science is always a key • Lack of specific budgetary provision for the part of the plan, and most processes undertake an initial implementation of the plan stocktake of available information. Many seek to fill key • Local government elections being help just prior to the gaps during the planning process by commissioning new plan’s release with central government elections the research. Science advisory groups are often used to help following year manage scientific input. Stakeholder advisory groups are frequently established to engage with key interest groups. • The disestablishment of the PSG and SWG on No MSP project examined went so far as to include a full plan completion with no formal multi-agency implementation mechanism put in place stakeholder-driven collaborative process, so Sea Change is world-leading in this respect. • Poor communications when the plan was publicly released and subsequent discontinuance of that Most of the plans did not include hard zoning, but many function identified important ecological areas that required protection and areas suitable for new activities. This • No one agency or Minister being given overarching very much aligns with the spatial content of the Sea responsibility for the implementation of the plan Change plan. • The lack of champions for the plan amongst Only the British Columbian plan made provision for implementation agencies (with many of the initial traditional use and management, with the plan being champions having moved on and a failure to effectively developed by a provincial government and Haida Nation develop new champions) partnership body. Dedicated resource was put into Conclusions identifying relevant indigenous knowledge ahead of the formal planning process. The plan included a protection The completion of the Sea Change project is a major for customary and treaty rights. There are strong parallels milestone for the management of marine space in New between this plan and the incorporation of mātauranga Zealand. The project achieved a lot, not least that mana Māori in Sea Change. whenua and stakeholders agreed on a common action plan for the Hauraki Gulf. The project was ambitious, Implementation has been achieved in several ways. charting new ground, and the process provides very Some plans have statutory effect through being directly rich lessons. Sea Change provides a solid base to build applied to permitting decisions. Others are formally on and an indication of what can be improved in future identified as ‘matters to be considered’ when decisions MSP projects. are made. Yet other non-statutory plans are implemented by various government agencies through strong political leadership and multi-agency groupings. Most of the plans 1.3 Summary of lessons learned included monitoring provisions, and several plans have from international practice been reviewed and are now into their second generation. There is a wealth of practical MSP experience to draw on Several plans also undertook reviews after the plan internationally, in addition to what can be learned locally making process was completed, similar to this exercise. 1: OVERVIEW OF KEY FINDINGS 7
International practice will continue to evolve and New mechanism to harness scientific, local and indigenous Zealand could usefully link into this growing body of knowledge in order to implement ecosystems-based MSP practice through regular literature/web reviews and management. It enables focus to be placed on protecting engagement with international groupings of practitioners. the underlying productivity of the marine environment, which is becoming increasingly urgent, given the serious and ongoing degradation of some of New Zealand’s 1.4 Utility of MSP as a marine coastal marine areas.18 It provides greater certainty for management tool in New Zealand marine users and the marine environment. It enables the expression of kaitiakitanga (guardianship). And it helps There is now a wealth of international experience and to build social capital and trust, which enables complex practice on MSP to draw on. MSP is no longer on the issues to be better addressed. cutting edge of marine management but is mainstream. A growing number of countries now have regulatory MSP can be tailored to the circumstances. It can be frameworks in place that formalise MSP. Several plans applied at different scales and at different levels of detail. are into their second generation. New Zealand has been Plans can be non-statutory or have direct or indirect legal a laggard in this area, but the successful development of effect. However, MSP is not something to be embarked on the Sea Change plan has put the country at the forefront lightly. These are complex projects that require significant of MSP practice in several respects. This includes by investment and commitment towards mobilising science, developing a fully integrated plan including all important mātauranga Māori, stakeholders and the general public. activities within catchments and the sea, embedding There should be a pressing need, complex issues or mātauranga Māori into the planning process, and using conflicts to resolve, and an appetite for change. a stakeholder-led collaborative process for the plan’s The Sea Change project has demonstrated that MSP can development. New Zealand can now build on these be successfully undertaken in New Zealand, and lessons leading elements. from it show how such planning can be done better in the MSP has a lot to offer a country like New Zealand, future. If MSP is to be progressed in New Zealand, ideally an island nation with a long coastline that has a such planning should become institutionalised within fragmented institutional and planning structure for New Zealand’s marine management system. How this marine management. It enables integration across might be achieved is an issue which will be explored in a jurisdictional boundaries. It provides an effective subsequent EDS publication. Firth of Thames 8 TURNING THE TIDE – INTEGRATED MARINE PLANNING IN NEW ZEALAND
Harataonga, Aotea 2: LESSONS LEARNED FROM SEA CHANGE TAI TIMU TAI PARI 2: LESSONS LEARNED FROM SEA CHANGE TAI TIMU TAI PARI 9
This chapter sets out results of an assessment of the Sea able to draw on firsthand experience of the project. A draft Change process. It draws on several data sources. First, report was circulated to all interviewees and others with documents produced during the Sea Change process an interest in the project for comment prior to finalisation. were reviewed. Secondly, material produced for a case Not surprisingly, interviewees and reviewers expressed a study prepared by the author as part of the Sustainable range of views on the project, some of them conflicting. Seas National Science Challenge, which investigated the The material below seeks to reflect this. role of mātauranga Māori and Western science in the Sea The analysis below is structured around the components Change process, has been drawn on.19 This included 10 of the project shown in Figure 2.1. These include project in-depth interviews with people closely involved in these configuration, co-governance, collaborative plan making, two elements of the project. Thirdly, between April and May information flows, and implementation. 2018, 37 in-depth interviews were undertaken with a wide range of people directly involved in the Sea Change project. The interviews took between 30 and 90 minutes each. They 2.1 Project configuration were broadly based on a set of pre-circulated questions This section investigates the initiation of the project, how it and all covered the following four key topics areas: was resourced and managed, and its scoping and design. • How did you get involved and what was the nature of your involvement in the Sea Change process? Project initiation • From your perspective what worked well in the The beginnings of the Sea Change project stem back process? to 2010 when the Hauraki Gulf Forum commissioned a review of international experience of MSP and its • From your perspective what didn’t work so well in the applicability to the Gulf. The report investigated MSP process? projects in Australia (Great Barrier Reef Marine Park • If we were to undertake another MSP process in New Zoning Plan and Federal Government bioregional plans), Zealand, what changes would you recommend? the United States (Florida Keys Marine Sanctuary Comprehensive Management Plan, Massachusetts Ocean Interviewees were promised confidentiality to encourage Plan and Rhode Island Ocean Special Area Management frankness. A simultaneous rough transcription was made Plan), Canada (Eastern Scotian Shelf Integrated Oceans of the interviews and the transcripts were subsequently Management Plan) and Norway (Barents Sea-Lofoten analysed for key insights on the various aspects of the Islands Integrated Management Plan). 20 project. These were then integrated into the analysis, and this is set out below with direct quotes from interviewees The resulting report, titled Spatial Planning for the Gulf, shown italicised and indented. The author of this report was released in March 2011, and concluded that ‘marine was a member of the Sea Change SWG so has also been spatial planning is a well-accepted strategic planning PROJECT COLLABORATIVE INFORMATION FLOWS CONFIGURATION PLAN MAKING Mātauranga Māori Project initiation Selection of SWG Science Project resourcing and Independent Chair Independent Review Panel management Collaborative process Public engagement and Project design Roundtables communications External relationships IMPLEMENTATION CO-GOVERNANCE Contents of Plan Implementation process Figure 2.1: Components of the Sea Change Project assessed 10 TURNING THE TIDE – INTEGRATED MARINE PLANNING IN NEW ZEALAND
process which could help achieve the purposes of additional marine space in the Gulf (in addition to the 1710 the HGMPA [Hauraki Gulf Marine Park Act] including hectares of consented green-lipped mussel and Pacific integrated management and the protection and oyster farming space) in order to facilitate the expansion enhancement of the life-supporting capacity of the of the aquaculture industry. As well as expanding these Gulf’. 21 The report served to communicate what MSP shellfish species, there was also a desire to diversify was, how it had been applied overseas, and what it might into the farming of finfish species such as kingfish. 24 contribute to addressing the challenges faced by the Gulf. Attempts to obtain more space through traditional It helped generate greater understanding and support for Resource Management Act 1991 (RMA) processes had establishing a MSP project in the area. run up against considerable public opposition, so a new approach was being sought. The Ministry for Primary The report’s release was shortly followed by the Hauraki Industries (MPI), which was charged with supporting the Gulf Forum’s third State of Our Gulf report, which was development of New Zealand’s aquaculture industry, was released in August 2011. Unlike the previous two reports, a co-sponsor of the Sea Change project along with the which had adopted a pressure-state-response framework, WRC, which has jurisdiction over the marine area where the 2011 report adopted a historical ecological baseline the bulk of the industry is currently located. set prior to human settlement (around 800 years ago) as a base from which to measure the current ecological Another impetus was frustrated Māori aspirations. The state. This resulted in the conclusion that ‘the Gulf Hauraki Gulf was one of the earliest places settled by is experiencing ongoing environmental degradation, Māori and there are multiple and overlapping tribal and resources are continuing to be lost or supressed interests in the area, spanning some 26 groupings. As at environmental low levels’. 22 The report received well as losing ownership of, and access to, much of their considerable media attention, thereby raising public land, waterways and marine space in the Gulf, Māori have awareness of the issues, with the New Zealand Herald been largely excluded from decision-making for the area, carrying the headline ‘Hauraki Gulf: Toxic paradise?’23 frustrating both cultural and economic aspirations. At the time the project was proposed, many Treaty claims were The Hauraki Gulf Forum then sought to persuade key under negotiation but had yet to be settled, including agencies to initiate a MSP process for the Gulf. As part those for Hauraki tribes. Māori have a kinship relationship of this effort, it brought international MSP expert Charles with the natural environment, and as kaitiaki (guardians) Ehler to New Zealand to run several MSP seminars and they have an obligation to enhance and sustain life to impart his wisdom on the topic. EDS, whose Policy support systems. 25 The significant and ongoing ecological Director had authored the international review in her decline of the Gulf was therefore a cultural affront. The private consultancy capacity, also helped to promote the Sea Change process provided an opportunity for Māori project more widely. oversight and more active involvement in strategic We had to find a better way of doing things than planning for the Hauraki Gulf. we were at that moment. Although we were raising A further motivation was the difficulty experienced in awareness, we weren’t getting any change. expanding the marine protected area (MPA) network As well as a general concern about ecological decline, within the Hauraki Gulf. Although New Zealand’s first there were several other factors in play which saw the idea marine reserve was created within the Hauraki Gulf at of a MSP project land in fertile ground. There had been Cape Rodney-Ōkakari Point in 1975, more recent progress a long-standing joint intention by central government, had been slow. Only 0.3 per cent of the Hauraki Gulf’s the WRC and the aquaculture industry to gain access to marine area was protected by no-take marine reserves, Umupuia Marae 2: LESSONS LEARNED FROM SEA CHANGE TAI TIMU TAI PARI 11
with the last reserve created some 13 years ago in 2005. 26 with the final vote being evenly split and only won due to More recent attempts to provide for meaningful marine the chair casting her vote in support of the project. protection in the area have foundered on high levels of The [Auckland] Council had to come to grips opposition and conflict. 27 DOC was looking for more with the collaborative model and co-governance. effective ways to progress marine conservation and MSP Councillors had to be prepared to give away provided a potential way forward. some of their power in the sense of trusting the The idea of initiating a MSP project for the Gulf was collaborative body to come up with a good answer. strongly backed by the Chief Planning Officer at Auckland It took a lot of persuading of the councillors that it Council and subsequently the Chief Executive Officer at was a good idea. the WRC. Work was undertaken by key staff members in each respective agency to scope up the potential My experience of co-governance arrangements is structure of the project. Models considered during these that they are really beneficial. You have iwi at the early stages included a collaborative model, a consultative table and they make a really valuable contribution model and a hybrid between the two. A multi-stakeholder to the process. collaborative model was ultimately adopted, where the DOC and MPI subsequently became project partners and plan was to be developed by an iwi and multi-stakeholder were each asked to nominate a person for the PSG. The group engaging in a consensus-building process, rather Thames Coromandel District Council also provided a PSG than by the statutory agencies. The concept drew on the member to represent territorial authorities. experience of the Land and Water Forum, which in turn was inspired by the Scandinavian approach. 28 The project was formally approved by WRC and the Auckland Council in February 2013 and an interim project As the Sea Change model evolved around a collaborative framework, a co-governance element was incorporated manager appointed. Sea Change was officially launched (see Figure 2.2). The PSG, which was established to in September that year, and an initial meeting of the SWG oversee the project, consisted of equal numbers of iwi was held in December. and government representatives. This approach was The desire to engage the public to look innovatively readily accepted by councillors at the WRC who were at new approaches and to think outside existing familiar with co-governance approaches, including institutions was really positive – to step outside and through the Crown/iwi Waikato River Authority, which collectively look differently at problems. had been established in their region in 2010. But it proved more controversial amongst some Auckland councillors, I felt really proud of being involved in the initiation who were reluctant to hand over their power as elected of the project in the early days. How exciting for the representatives to a co-governance grouping. It took over first time to have a collective conversation around a year to secure the Auckland Council’s political support, the Hauraki Gulf! Project Steering Group 8 mana whenua and 8 statutory Project Board agency representative Project management and support Independent Review Panel Independent Chair 5 members Mātauranga Māori Stakeholder Working Group Representative Table PSG and SWG mana 4 mana whenua and 10 sector whenua members representatives Roundtables Independent Water Quality and Catchments, Scientists Fish Stocks, Biodiversity and As required Biosecurity, Gulf Infrastructure, Aquaculture, Accessible Gulf Figure 2.2: Structure of the Sea Change project 12 TURNING THE TIDE – INTEGRATED MARINE PLANNING IN NEW ZEALAND
Lessons learned No payment was made for time spent attending subgroup • It can take considerable time and effort to build meetings or other work carried out on the project. sufficient support to initiate a MSP project. The budget did not include the time of in-house agency • A clear articulation of the problems and the potential staff. Across the two councils this was estimated as being of MSP to help solve them is important. 8.2 full-time equivalent (FTE) technical staff, 0.4 FTE administrative staff and 2.7 FTE information systems/GIS • Bringing in outside expertise can help give people staff. 31 DOC also provided significant in-kind technical and confidence in MSP. scientific resource to the project. These in-house costs • Champions within organisations are essential to help were not directly accounted for and were borne by the secure political support. agency concerned. This practical approach was adopted because with four agencies running different budgeting • Early adopting lead organisations can play a powerful systems, it would have been difficult to reconcile them. role in encouraging other agencies to come on board. Reconciling cash payments across the two budgetary and financial approval systems of the WRC and Auckland Project resourcing and management Council proved complex on its own. Costs were generally An initial budget for direct project costs was put together split between the two councils 50/50. Most costs were based on a ‘best guess’ of the timeframe, number of raised against the Auckland Council cost centre and meetings and effort required to complete the plan. This reimbursed by WRC. District councils made no direct was initially estimated (in 2012) at around $2.2 million financial contribution and central government agencies and was largely shared between Auckland Council and offered particular supporting activities and funding pools. the WRC (see Figure 2.2). MPI did not directly contribute Next time I would set it up so that all the agencies funds to the project but encouraged the councils to contributed money into a separate entity and that apply to the Aquaculture Planning Fund, and they were would manage the budget. successful in securing $550,000. 29 DOC supported Each agency appointed a ‘business owner’ and it was his the development of the SeaSketch web-based spatial or her role to provide the agency resources to the project, planning tool along with funding from the Tindall as discussed through the Project Board where necessary. Foundation. The initial budget itself was exceeded but no Where resources were not available in-house they were final project budgetary breakdown is available. sourced externally. Business owners met regularly to discuss resourcing. In the latter stages of the project, Expenditure item Project total when the original budgetary provision became exhausted, Governance Group (PSG) $44,928 money had to be sourced from other council programmes. The Independent Chair had no ability to direct staff Stakeholder Facilitator (Independent $240,000 but worked through the Project Manager, who then Chair) negotiated with agencies for the required resources. Mana Whenua Facilitator $150,000 Several interviewees reported difficulties in resourcing the Stakeholder Plenary Group (SWG) $338,000 project from its inception. Many of the in-house resources were assigned to the project part time, with some people Stakeholder Working Groups $81,360 only having 0.1 or 0.2 of their FTE dedicated. This small (Roundtables) amount of time did not facilitate active contribution. Expert Advisory Group (external $105,000 We were often resource-short. When we made scientists) changes such as creating Roundtables we were Mātauranga Māori Roundtable $150,000 struggling to resource them. (Mātauranga Māori Representative While Sea Change was under way, Auckland Council Group) restructured staff twice. Some staff were unsure about Expert Oversight Group (IRP) $297,000 their job security and found working in such an uncertain environment difficult. There were several staff changes Research and Investigations $250,000 on the Sea Change project itself, and it took effort to SeaSketch $550,000 bring new people up to speed. As the project evolved, the support team structure became more complex. After Total $2,207,488 the Pause, the support structure was streamlined and Figure 2.3: Sea Change external expenditure budget operated more effectively. estimates (2012)30 I was told by a SWG member that there were 20 SWG members had travel costs covered but there was officials in the room and no one knew what they initially no payment for time spent on the project. After the were there for. project was paused in mid-2015, a per diem rate of $250 You would be better with three key dedicated was provided to SWG members for attendance at SWG people from agencies rather than 10 people making meetings, with an additional $250 for meeting preparation. up FTEs. 2: LESSONS LEARNED FROM SEA CHANGE TAI TIMU TAI PARI 13
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