​New Zealand: 2c. Pre-Bilateral Case Study (Deep Sea Oil Drilling)

Environment   Oct 17, 2017 by NZ AGGS

Drilling rights in the ocean surrounding New Zealand are being sold off to big oil companies for oil and gas exploration. Oil is New Zealand’s fourth largest export (after dairy, meat and wool). The general trend is toward increased production. The increased concentration of carbon dioxide in the air badly impacts the people, for example, in 2012, New Zealand had its worst drought in seventy years, followed by the warmest winter since record keeping began in 1909. A spill from a deep water well could result in oil flowing freely into the ocean for many weeks, which would cost millions of dollars to clean up, let alone the irreversible damage done to people, animals, businesses and our economy. 75% of New Zealanders live within 10km of the coast, 1 in 5 kiwis participate in recreational fishing activities, New Zealand and its offshore islands are home to 25% of the world's breeding seabird populations, an estimated 80% of New Zealand's native biodiversity is found in the sea, and 70% of our export revenue is directly attributable to NZ's clean green reputation, worth $36.7 billion to our economy each year. For hapu such as te Whanau a Apanui, their direct relationship to the land and water is undermined by oil-drilling.

There are many obstacles to preventing the issue. One obstacle is nicknamed the ‘Anadarko Amendment’. This law was passed in 2013 and criminalises protesting at sea around oil exploration, with a potential fine of $10,000. So physically getting in the way of action is a legal offence, thus we need to look into other ways such as petitions and marches, or instead of a petition, we could do an art protest (deliver thousands of pieces of art to the government).

In ocean areas around New Zealand, plans have been made to extract oil and gas by big overseas oil companies such as the Texan oil company, Anadarko. A short term environmental impact of deep sea oil drilling is the risk of an oil spill, whether it is a leak at a rig site or an overturned oil tanker. If a spill were to occur it would not only fatally affect our marine organisms and wildlife, but also cost New Zealand millions of dollars to clean, and damage New Zealand’s ‘clean, green’ reputation, which may also cost New Zealand’s tourism industry. Oil sits on top of the water and it suffocates the sea life that it encounters. It covers birds so they can’t fly and coats the fur of other sea species. Without proper cleaning and treatment (which costs millions), an accident from offshore drilling creates a death zone for marine wildlife.

A long term impact, in terms of climate change, is air pollution is generated from the operation of machinery on offshore oil rigs as well as the burn-off of gases. Without factoring in the air pollution from its end product or the refinement process, the oil platforms themselves have an impact on local air quality and globally on climate change.

Another long term effect is the drilling fluid used to lubricate, cool and regulate pressure when drilling, contains petroleum products and heavy metals. The drilling fluid is claimed to be toxic to marine life, and the impacts include affecting the health and reproduction of marine life, reducing the populations of bottom-dwelling creatures and biomagnifying toxic substances in the food chain.

Deep sea oil drilling is economically beneficial in some ways, such as it provides a number of jobs and employment opportunities. Drilling sites take many people to operate, as well as shipping and transportation, so it provides hundreds of jobs to people. Exporting oil will also benefit the government with billions of dollars coming in from the oil industry due to the increased supply of oil. However, offshore drilling is isolated, so it takes on tremendous risk as the drilling rigs are far from emergency services. Just one accident (fires, drowning) can cost many lives. Also, due to the long term impacts of deep sea oil drilling and it resulting in pollution and thus climate change (i.e., sea levels rising), as citizens of the largest islands in the Pacific Ocean, it would be morally wrong to profit from the fossil fuel industry, of which risks for environmental damage may arise, and will drown the homelands of our Pacific Island neighbours. Drilling in oceans with which Maori consider as a taonga (treasure) of great significance compromises iwi self determination by reducing the ability of iwi members to live in accordance with the tikanga of their tipuna, whenua, and moana. A compromised self determination will in turn affect the livelihoods of future generations of iwi members, and also diminishes the cultural identity of local iwi who strongly identify with the sea. The Treaty of Waitangi requires partnership, participation, and protection to be afforded to Māori, and selling rights for offshore exploration by the government is done at the cost of alienating tangata whenua and violating indigenous rights through the disruption of local marine ecosystems

• What kinds of opposition / environmental preservation being carried out by the following groups, especially as this case contributes to climate change? Are any of them in conflict? Whose interests are at stake?

Dr. Rhys Jones, a Māori physician and educator, says “Climate change is interlinked with colonialism. This is a moral crisis, whose impact is not felt equally. The confiscation of indigenous lands led to modern capitalism and industrialization.” He emphasizes that preserving indigenous knowledge and worldview was key for fighting climate change. "This battle won't be won by governments. It will be won at the local level by stopping fossil fuel explorations, oil drilling and standing by the side of Indigenous Peoples." Additionally, in June 2017, indigenous oil opposition group Te Ikaroa sent a delegation of academics, environmentalists, activists, and traditional ocean voyagers to the United Nations Ocean Conference. Tina Ngata, campaign spokesperson says "The Convention predates much of the progress that we've made internationally around indigenous rights and has yet to be brought into alignment with important documents like the United Nations Declaration for the Rights of Indigenous Peoples. We will be lobbying heavily for an amendment to allow for indigenous oversight of the Convention and its implementation. The Pacific is indigenous territory - we have made families on the Ocean, fed from it, cared for it and voyaged it for countless generations now and that needs to be recognised and allowed for".

Russel Norman, Greenpeace executive director and former politician, jumped into the water in front of oil exploration ship Amazon Warrior, off the Wairarapa Coast in April 2017. Due to the 2013 Anadarko Amendment, it is a criminal offence to protest at sea around oil exploration. Norman pleaded “not guilty” and faces fines of up to $300,000 and a year in jail. He says “The future of humanity is at stake in this climate change battle against the oil industry and their government. By stopping this ship blasting our seafloor in search of new deep sea oil, we were stopping a far greater wrong - the destruction of our climate, and the risk to our marine life and coastal communities from a catastrophic oil spill.”

A socially and environmentally ethical response looks like good iwi/government relations. Though it is understandable that the government needs to focus on building revenue and reducing debt, it should not be at the cost of ignoring tangata whenua and disrespecting the treaty on which Pakeha and Maori were united. As indigenous people of New Zealand, Māori feel an affinity to the land that is hard for most New Zealanders to understand, the government holds the responsibility to consult and involve Maori in the decision making process in regards to the continuation of deep sea oil drilling. 

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