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Are we falling behind in protecting our oceans?

10 October 2025

With increasing global attention to conservation of the ocean, it’s time to question how we govern and care for our marine environment in Aotearoa New Zealand.

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Photo caption: Professor Macpherson presenting at 12th IHO-IAG Advisory Board on the Law of the Sea (ABLOS) Conference in Doha, Qatar.

Te Whare Wānanga o Waitaha | University of Canterbury’s Faculty of Law Professor Elizabeth Macpherson argues that justice, equity and recognition of Māori rights must be at the heart of our local approach to ocean governance.

Over 60 states have ratified a new international Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (known as the High Seas Treaty), bringing it into force from January 2026. 

The Treaty aims to ensure the conservation and sustainable use of marine biological diversity in the high seas and deep seabed. It reflects best practice principles of oceans governance, including recognising the carbon cycling services that underpin the role of the ocean in climate. and respecting and promoting the rights and knowledge of Indigenous peoples. It sits under the United Nations Convention on the Law of the Sea (UNCLOS) that New Zealand ratified in 1996, but we are yet to ratify the High Seas Treaty.  

Professor Macpherson, and several other researchers from the University of Auckland, argue in their recent The Conversation piece that a change in ocean governance is becoming more crucial than ever for New Zealand – and recognising Māori rights and knowledge is imperative to this change.

Alongside this piece, Professor Macpherson recently presented her reflections about marine and coastal governance in New Zealand at the 12th IHO-IAG Advisory Board on the Law of the Sea (ABLOS) Conference in Doha, Qatar, which explored whether the UNCLOS remains fit for purpose in modern times. 

Her paper, Equity and Justice in the Design of Blue Carbon Legal Frameworks – Reflections from Aotearoa New Zealand explored the legal challenges and opportunities of designing blue carbon laws. Professor Macpherson says that our marine and coastal laws could do more to support the important role the ocean plays in mitigating and adapting to climate change, but justice and equity must be centred in the designing of blue carbon laws, and the rights and knowledge of Indigenous people must be respected in the process. 

Professor Macpherson will also present at the upcoming Adaptation Futures 2025 conference, presenting her paper Blue Carbon Futures: Legal and Policy Challenges in Comparative Contexts that discusses ways to move forward with policy development to support blue carbon management and restoration.

In partnership with Ngāi Tahu, Professor Macpherson leads the Rutherford Discovery Fellowship research programme Blue Carbon Futures in Aotearoa New Zealand: Law, Climate, Resilience, funded by Te Apārangi | The Royal Society of New Zealand.


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