Understanding the rules
The rules for who can use our moana and how can feel complicated.
This page breaks down the basics: who owns the seabed, how permits work, and what consents companies need before they can mine.
Understanding the process helps us all hold decision-makers to account.
Permits
Under the Crown Minerals Act, NZ Petroleum & Minerals (NZPAM) grants exploration, prospecting and mining permits. These give companies exclusive rights to the minerals in a defined area, sometimes for decades, but do not grant permission to start mining.
Before any mining can start, companies must get consents under relevant regional or national legislation.
Who decides
The seabed and the minerals within it belong to all New Zealanders. The rules for who gets to use them depend on where you are: within 12 nautical miles of the coast (the territorial sea), regional councils have a say through their coastal plans and consents, but big projects still need sign-off from central government.
Beyond 12 nm lies the Exclusive Economic Zone (EEZ), which stretches out to 200 nm offshore. Here, the central government - through the Environmental Protection Authority (EPA) decides through the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (EEZ Act)
The EEZ Act
The EEZ Act was created to manage the environmental effects of activities in Aotearoa’s offshore waters. Its purpose is to protect the marine environment while allowing for the sustainable use of resources.
Under the EEZ Act:
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Marine consents cover restricted activities such as dredging or disturbing the seabed (this is why CRP and TTR needed a marine consent).
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Marine discharge consents cover dumping waste or sediment back into the sea (this is what TTR has repeatedly applied for).
Because of how the EEZ regulations were written when they came into force in 2013, TTR does not need a separate marine consent for its mining activity - only a discharge consent.
This means one of the most destructive parts of their operation (scraping up to 11 m of seabed) has never been fully tested under environmental law - something KASM believes urgently needs to change.
The Fast Track Approvals Act
The Fast-Track Approvals Act 2024 (FTAA) was introduced to speed up “projects of regional or national significance.” Instead of going through a full EPA hearings process (where anyone can submit), projects are decided by an independent expert panel appointed by the EPA, which chooses who it will hear from - aside from those it must seek comments from, ie Iwi and local authorities.
The panel must still consider the requirements of the EEZ Act, but the emphasis is on economic benefits - the only stated purpose of the FTAA. This means it’s even more important the panel hears robust, science-backed evidence of the true environmental risks and the costs/benefits of these projects.
Learn how these rules are playing out with current proposals here