NZ risks being left high and dry as High Seas Treaty enters into force

2026-02-15 - 16:09

On January 17 2026, a new international agreement on marine biodiversity came into force. There are good reasons for New Zealand to ratify this agreement but we have yet to do so. As a result, we risk missing out on a seat at the table when decisions are made about protecting marine life in the world’s oceans. It’s called the Agreement on the Conservation and Sustainable Use of Marine Biological Diversity of Areas beyond National Jurisdiction (BBNJ Agreement), although often referred to colloquially as the High Seas Treaty. It was finalised in early 2023 but required 60 countries to ratify it before entering into force. This target has been well and truly passed: as of January 2026, 84 countries have ratified, an indication many are keen for it to begin working. The agreement addresses gaps in the legal framework for regulating activities in areas beyond national jurisdiction—primarily the high seas and deep seabed. The high seas, which generally begin 200 nautical miles from a country’s coast, comprise approximately half the planet and two-thirds of the ocean. Despite the size of the area, in several respects it is not adequately regulated by the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This convention says nothing about how marine genetic resources found on the high seas should be regulated. These are materials extracted from marine life that could be used to develop medicines or other products. Also missing from UNCLOS are processes for establishing high seas marine protected areas, as well as a clear process for environmental impact assessments of activities on the high seas. The BBNJ Agreement fills these gaps and establishes institutions to support ongoing decision making. The conference of the parties (COP) is the main decision-making organ and must hold its first meeting within 12 months of the agreement’s entry into force. The clock is ticking down to this meeting. New Zealand was involved in negotiations to develop the BBNJ Agreement, playing a key role in forming consensus and supporting initiatives brought by Pacific states, which are keen to have it up and running. We signed the agreement as soon as it opened for signature in June 2023 but have not yet ratified it. This last step is vital for New Zealand to be bound by the agreement and to participate in decision-making processes, including the first meeting of the COP. Although the Government has agreed to ratify, there are a number of steps that first need to be taken. The key step is introducing legislation that will ensure New Zealand can comply with the agreement’s legal obligations. This is something many countries need to do to ratify a treaty. It is likely this legislation is not seen as a high priority for the current government, which has its own active legislative agenda. Why should New Zealand prioritise legislation to allow us to ratify? The national interest analysis—prepared by the Ministry of Foreign Affairs and Trade and considered by the Foreign Affairs, Defence and Trade Select Committee—points out some very clear reasons for doing so. First, as an international agreement under UNCLOS, ratifying it confirms New Zealand’s commitment to a rules-based international order at a time when this is under threat. Second, ratification would support our Pacific neighbours—who see the agreement as particularly important for sustainable governance of the Pacific Ocean—as well as indicate a commitment to effective international oceans governance. Third, the agreement provides an opportunity for New Zealand to contribute to the protection of vital marine biodiversity. And fourth, it emphasises promoting international cooperation in marine research, which may be useful for our science community. At a more pragmatic level, being a party to the agreement can help advance New Zealand’s interests. For example, if an activity on the high seas has an impact on areas in which New Zealand vessels are fishing, it might be possible to use an area-based management tool—which regulates or prohibits activities—to minimise the impact on fish stocks. Additionally, if a state is proposing to undertake an activity near New Zealand’s maritime zones, the BBNJ Agreement provides a process of consultation so we will have early knowledge of the activity and some input into whether and how it proceeds. If New Zealand does not ratify soon, we miss an opportunity to be part of decisions about how the new institutions under the agreement will operate. Countries are currently negotiating rules of procedure for these institutions. This sounds very dry but those rules will determine how decisions will be made and who can be represented in discussions, all of which are important to New Zealand. Without ratification, we can participate as an observer at the COP meeting but not vote. It would be an enormous shame if we were not part of helping to shape the future of this incredibly important treaty due to a delay in ratifying it.