IN THE MATTER OF:

Introduction

I commend the efforts behind the Agreement under the United Nations Convention on the Law of the Sea (UNCLOS) on the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction (BBNJ Agreement). However, I wish to raise the following concerns to ensure this treaty aligns with principles of fairness, equity, respect for natural freedoms, and Māori values of guardianship (kaitiakitanga), while promoting global cooperation and long-term sustainability.

Key Concerns

• Focus on Biodiversity, Not Control: The primary aim of this agreement should be the protection of marine biodiversity and ecosystems for the benefit of all humanity, not the control or restriction of human activity. The natural environment should remain a shared space across cultures and histories, never something to be owned, but rather responsibly used. The Māori worldview, embedded in the Treaty of Waitangi, teaches us that we are all guardians (kaitiaki) of the environment, responsible for its sustainable use, not its ownership.
• Rejection of Ownership Claims: The high seas, like other commons such as the Antarctic, are spaces that inherently belong to all of humanity. This agreement must avoid frameworks that resemble ownership or exclusive control over shared spaces and instead focus on stewardship. This aligns with the principles of the Treaty of Waitangi, which binds New Zealanders to live according to Māori values of guardianship (kaitiakitanga) rather than ownership. These principles reflect our collective responsibility as the current sovereign people and guardians of the land and sea.
• Respect for Sovereignty and Access: Treaties must not undermine national sovereignty or impose disproportionate restrictions on nations or individuals, particularly those whose livelihoods depend on access to marine resources. Regulations should be equitable and free from overreach. In New Zealand, the Treaty of Waitangi mandates that Māori principles of guardianship guide all aspects of governance. As sovereign people of Aotearoa, we are committed to living by these principles, which benefit all New Zealanders, and to ensuring that any international agreements reflect this responsibility.
• Equitable Use and Benefit Sharing: The treaty must prioritize equitable benefit-sharing, ensuring that developing nations, Indigenous peoples, and local communities receive fair access to marine resources and the benefits arising from them. This reflects the Treaty’s principles of partnership, protection, and participation, ensuring that Māori communities—and all New Zealanders—are involved in the governance of marine biodiversity areas, particularly those of cultural significance.
• Governance Without Overreach: Governance structures under this treaty must not lead to unjust limitations on human traffic or sustainable use of marine areas. Regulation should protect the environment, not create barriers that contradict the shared nature of these commons. The Māori worldview of kaitiakitanga encourages all New Zealanders to work together as guardians of the environment, ensuring its sustainable use while preventing degradation.

Recommendations

• Incorporate Māori Knowledge and Principles Meaningfully: Respecting and acting according to the Treaty of Waitangi means that Māori principles must be embedded at the heart of all decision-making processes, both domestically and internationally. As a sovereign nation, New Zealand has long been under the obligations of the Treaty, and we must continue to honour these obligations by actively integrating Māori knowledge (matauranga Māori) and values of guardianship (kaitiakitanga) into all our international engagements. Māori perspectives must be woven into environmental governance, ensuring that we remain lawful under both the Treaty and international law, while promoting equity and sustainability for all.
• Establish Long-term Monitoring and Adaptive Management: Introduce a system for continuous monitoring and adaptive management of marine ecosystems, ensuring that conservation measures are flexible and can evolve based on new scientific data and changing environmental conditions. This system should align with Māori principles of whakawhanaungatanga (building relationships) and kaitiakitanga, fostering collaboration between Māori and other stakeholders.
• Strengthen Multilateral Collaboration: Promote collaboration with international organizations, research institutions, and environmental NGOs, ensuring that Māori perspectives and rights are included in global conservation efforts. Multilateral collaboration should also facilitate the exchange of knowledge and technology to support capacity-building in Indigenous communities.
• Create Effective Enforcement Mechanisms: Develop innovative enforcement mechanisms, including satellite monitoring, drones, and joint task forces, to ensure compliance with conservation measures. These mechanisms should respect Māori land and resource rights, ensuring they are not undermined by international regulations.
• Ensure Flexibility in Access for Sustainable Use: Implement a framework that allows for controlled, temporary access to marine resources based on environmental assessments. This would provide space for sustainable resource use while maintaining the primary goal of biodiversity protection, and also enable Māori communities to continue their traditional practices of sustainable harvesting in accordance with their cultural values.

Conclusion

In conclusion, while the BBNJ Agreement has the potential to address critical environmental challenges, its implementation must align with universal principles of fairness, equity, and shared stewardship. It should prioritise the protection of marine life and ecosystems while respecting the freedoms of those who interact with these areas responsibly. The principles of kaitiakitanga, whenua, and the Treaty of Waitangi must be integral to the framework of the BBNJ Agreement. No treaty should claim or impose ownership over the natural environment—it should only aim to preserve it for all humanity, ensuring the rights and responsibilities of all peoples, including Indigenous communities, are respected and upheld.