Cook Islands passes historic first law for minerals harvesting management

After four years of development and two rounds of public consultations, the Seabed Minerals (Minerals Harvesting and Other Mining) Regulations 2024 (MH Regulations) have now been passed. 

The adoption of these regulations is a crucial step in establishing a comprehensive legal framework, providing all stakeholders with clarity and certainty regarding the Cook Islands' legal regime for seabed minerals governance, and are administered by the Seabed Minerals Authority (SBMA). 

The development of the MH Regulations was led by Senior Policy and Legal Officer, Te-Ara Henderson.  

“Joining SBMA at the start of 2021, I worked with our legal advisor to review the initial draft of the regulations. Three years later, I couldn’t have anticipated the immense amount of time and effort it would take to develop and finally complete these regulations.” said Henderson.

SBMA would like to thank all stakeholders for their valuable input over the years, including government agencies, civil society and industry. Special acknowledgements to the Crown Law Office (CLO) and New Zealand Parliamentary Counsel Office for expert legal reviews, as well as the various technical experts for their assistance in ensuring the MH Regulations were robust and fit for purpose. 

“I am pleased to see the Cook Islands continue to lead the way on the responsible and sustainable development of our seabed minerals sector” said Minister for Seabed Minerals, Prime Minister Mark Brown. 

“Having in place a robust legal framework, before it is needed, is a proactive and responsible measure in line with international best practice and the precautionary approach” shared PM Brown. 

It is important to reiterate that establishing the legal framework governing the management of minerals harvesting activities, is an entirely separate process from the decision on whether minerals harvesting activities will be permitted to take place.  

The Cook Islands Government requires further scientific data and information before a science-based decision can be made on whether it will permit minerals harvesting activities to proceed. Until such time, only exploration activities are permitted. 

Queries regarding this release can be directed to [email protected]