Marae Moana Act 2017 (No. 10 of 2017).

This Act establishes the marae moana (Cook islands marine park) and the Marae Moana Council. It also establishes other organs involved in the marine park and provides with respect to management, conservation, use and spatial planning of the park. The primary purpose of this Act is to protect and conserve the ecological, biodiversity, and heritage values of the Cook Islands marine environment. The marae moana comprises the internal waters, territorial sea, and exclusive economic zone and the seabed, subsoil under those waters and airspace above those waters. The Act defines duties and functions of Council and the Technical Advisory Group and Marae Moana Coordination Office, which are also established by this Act. It also: Provides principles of ecologically sustainable use to guide the development and management of the Marae Moana; provides for a system of marine spatial planning, including zoning plans and management measures for marine-based activities; facilitates collaborative partnerships between relevant Cook Islands public agencies, Island Governments, and non-government and private sector organisations.
The duties and functions of the Council include, among other things, approval of (a) the revised versions of the marae moana policy; (b) the national marae moana spatial plan; and (c) a schedule of marine-based activities for which management measures are required and any revisions of the schedule, and monitor the work of agencies under Part 5 of this Act in implementing the aspects of the national marae moana spatial plan and management measures for which those agencies are responsible. The Technical Advisory Group shall assist the Council and may recommend to the Council amendments to be made to any legislation, including regulations. The Marae Moana Coordination Office is established as part of the Office of the Prime Minister and shall assist the Council and the Technical Advisory Group in fulfilling their administrative and consultative functions under this Act.
Marae moana spatial planning shall delineate zones within the marae moana and specify the reasons or uses for which each zone may or may not be used or entered. The Act provides for the preparation of spatial plans for the marae moana. The zones for the national marae moana spatial plan are- (a) a general use zone; (b) a restricted commercial fishing zone (restrictions on scale commercial fishing activities); (c) a seabed minerals activity buffer zone; (d) an island protection zone to provide for the protection of the pelagic, benthic, coral reef, coastal, and lagoon habitats; (e) an ocean habitat preservation zone; (f) a national marine park zone to provide for the strict preservation of the natural integrity and ecological values of specific coral reef, coastal and lagoon habitats of the marae moana. Regulations may create additional national marae moana spatial plan zones.
A marine protected area of 50 nautical miles (measured from each coastline and as shown in Schedule 1 is established around all islands of the Cook Islands. The Queen's Representative may, by Order in Executive Council made on the recommendation of the Prime Minister establish other marine protected areas for specific purposes and regulate activities in such areas. The Technical Advisory Group must, with the advice of appropriate experts, prepare for approval by the Council a schedule of marine-based activities for which management measures must be developed and implemented by agencies in order to reduce, minimise, or eliminate threats or potential threats that those activities pose to the achievement of the purposes of this Act. When the national marae moana spatial plan comes into force, the Council must notify each agency in writing of the scheduled marine-based activities for which that agency is responsible for developing and implementing management measures. Agencies shall further refer to the Technical Advisory Group. The Council must prepare an annual report and submit to the Prime Minister an marae moana outlook report every six years.