NEW ZEALAND GAZETTE

No. 42

(c) The protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna;

(d) The maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers;

and

(e) The relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga.

7. Other Matters

In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to:

(a) Kaitiakitanga;

(b) the efficient use and development of natural and physical resources;

(c) the maintenance and enhancement of amenity values;

(d) intrinsic values of ecosystems;

(e) recognition and protection of the heritage values of sites, buildings, places, or areas;

(f) maintenance and enhancement of the quality of the environment;

(g) any finite characteristics of natural and physical resources; and

(h) the protection of the habitat of trout and salmon.

8. Treaty of Waitangi

In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).

In addition to the foregoing, to provide for the special context of the coastal environment, regard shall be had to the following general principles:

1. Some uses and developments which depend upon the use of natural and physical resources in the coastal environment are important to “the social, economic and cultural well-being” of “people and communities”. Functionally, certain activities can only be located on the coast or in the coastal marine area.

2. The protection of the values of the coastal environment need not preclude appropriate use and development in appropriate places.

3. The proportion of the coastal marine area under formal protection is very small and therefore management under the Act is an important means by which the natural resources of the coastal marine area can be protected.

4. Expectations differ over the appropriate allocation of resources and space in the coastal environment and the processes of the Act are to be used to make the appropriate allocations and to determine priorities.

5. People and communities expect that lands of the Crown in the coastal marine area shall generally be available for free public use and enjoyment.

6. The protection of habitats of living marine resources contributes to the social, economic and cultural well-being of people and communities.

7. The coastal environment is particularly susceptible to the effects of natural hazards.

8. Cultural, historical, spiritual, amenity and intrinsic values are the heritage of future generations and damage to these values is often irreversible.

9. The tangata whenua are the kaitiaki of the coastal environment.

10. It is important to maintain biological and physical processes in the coastal environment in as natural a condition as possible, and to recognise their dynamic, complex and interdependent nature.

11. It is important to protect representative or significant natural ecosystems and sites of biological importance, and to maintain the diversity of New Zealand’s indigenous coastal flora and fauna.

12. The ability to manage activities in the coastal environment sustainably is hindered by the lack of understanding about coastal processes and the effects of activities. Therefore, an approach which is precautionary but responsive to increased knowledge is required for coastal management.

13. A function of sustainable management of the coastal environment is to identify the parameters within which persons and communities are free to exercise choices.

14. The potential for adverse effects of activities to spread beyond regional boundaries may be significant in the coastal marine area.

CHAPTER I—NATIONAL PRIORITIES FOR THE PRESERVATION OF THE NATURAL CHARACTER OF THE COASTAL ENVIRONMENT INCLUDING PROTECTION FROM INAPPROPRIATE SUBDIVISION, USE AND DEVELOPMENT

CHARACTER OF THE COASTAL ENVIRONMENT INCLUDING PROTECTION FROM INAPPROPRIATE SUBDIVISION, USE AND DEVELOPMENT

Policy 1.1.1

It is a national priority to preserve the natural character of the coastal environment by:

(a) encouraging appropriate subdivision, use or development in areas where the natural character has already been compromised and avoiding sprawling or sporadic subdivision, use or development in the coastal environment;

(b) taking into account the potential effects of subdivision, use, or development on the values relating to the natural character of the coastal environment, both within and outside the immediate location; and

(c) avoiding cumulative adverse effects of subdivision, use and development in the coastal environment.

Policy 1.1.2

It is a national priority for the preservation of the natural character of the coastal environment to protect areas of significant indigenous vegetation and significant habitats of indigenous fauna in that environment by:

(a) avoiding any actual or potential adverse effects of activities on the following areas or habitats:

(i) areas and habitats important to the continued survival of any indigenous species; and

(ii) areas containing nationally vulnerable species or nationally outstanding examples of indigenous community types;

(b) avoiding or remedying any actual or potential adverse effects of activities on the following areas:

(i) outstanding or rare indigenous community types within an ecological region or ecological district;

(ii) habitat important to regionally endangered or nationally rare species and ecological corridors connecting such areas; and

(iii) areas important to migratory species, and to vulnerable stages of common indigenous species, in particular wetlands and estuaries;