ISSN 1818-5614

Review of environment-related
legislation in Niue


By Graham Powell


IWP-Pacific Technical Report (International
Waters Project) no. 51





Global
United
Nations
Pacific
Regional
Environment
Development
Environment
Facility
Programme
Programme
i

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SPREP IRC Cataloguing-in-Publication data

Powell, Graham

Review of environment-related legislation in Niue /
by Graham Powell. ­ Apia, Samoa : SPREP, 2007.

vi, 33 p. ; 29 cm. - (IWP-Pacific Technical report, ISSN
1818-5614 ; no.51).

ISBN: 978-982-04-0374-1

1. Environmental policy ­ Niue. 2. Environmental law ­
Niue. 3. Conservation of natural resources ­ Niue. 4.
Environmental protection ­ Law and legislation ­ Niue.
I. International Waters Project (IWP). II. Secretariat of the
Pacific Regional Environment Programme (SPREP). III.
Title. IV. Series.

344.046099626

This report (originally written in 2004) was produced by SPREP's International Waters
Project, which is implementing the Strategic Action Programme for the International
Waters of the Pacific Small Island Developing States, with funding from the Global
Environment Facility. This study was funded by the International Waters Project.

The views expressed in this report are not necessarily those of the publisher.

Cover design by SPREP's Publication Unit
Editing and layout: Mark Smaalders, IWP editorial consultant

SPREP
PO BOX 240,
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© Secretariat of the Pacific Regional Environment Programme and the Government of the
Niue, 2007

All rights for commercial/for profit reproduction or translation, in any form, reserved.
SPREP authorises the partial reproduction of this material for scientific, educational or
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Original SPREP artwork may not be altered or separately published without permission.
ii

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Contents
Abbreviations............................................................................................................................. v
1
Background........................................................................................................................ 1
1.1
The International Waters Programme (IWP).............................................................. 1
1.2
UNEP-GEF Project on the Development of a National Biosafety Framework (NBF)
for Niue.................................................................................................................................... 1
1.3
A parallel review (IWP and NBF) .............................................................................. 1
1.4
Objectives ................................................................................................................... 2
2. Background references and consultations ...................................................................... 2
2.1
References consulted .................................................................................................. 2
2.2
Consultations and Outcomes ...................................................................................... 2
3
Scope and methodology .................................................................................................... 2
3.1
Current and proposed legislation ................................................................................ 2
3.2
Assessing the relevance of laws to this Review ......................................................... 3
4
Legislative review.............................................................................................................. 3
4.1
Matters relating to constitutional authority and jurisdiction....................................... 3
NIUE CONSTITUTION ACT 1974 (AND THE ARTICLES OF THE
CONSTITUTION) ........................................................................................................ 3
NIUE ACT 1966 (NZ)................................................................................................... 3
TERRITORIAL SEAS AND EXCLUSIVE ECONOMIC ZONE ACT 1997 ............. 5
CONTINENTAL SHELF ACT 1964 (NZ)................................................................... 5
4.2
Administrative arrangements affecting the management of the environment ........... 6
ENVIRONMENT ACT 2003........................................................................................ 6
NIUE VILLAGE COUNCILS ORDINANCE 1967..................................................... 8
PUBLIC EMERGENCY ACT 1979 ............................................................................. 9
DEVELOPMENT FUND ACT 1983............................................................................ 9
TOURIST AUTHORITY ACT 1995.......................................................................... 10
4.3
Environment Protection and Management ............................................................... 10
MARINE POLLUTION PREVENTION BILL.......................................................... 10
[NIUE ISLAND GENERAL LAWS (AMENDMENT) ACT 2003].......................... 11
PESTICIDES ACT 1991............................................................................................. 11
WILDLIFE ORDINANCE 1972................................................................................. 12
ATOMIC ENERGY ACT 1945 (NZ) ......................................................................... 12
4.4
Protection of human health....................................................................................... 13
NIUE PUBLIC HEALTH ORDINANCE 1965.......................................................... 13
MOSQUITO CONTROL ACT 1980 .......................................................................... 13
4.5
Natural Resources..................................................................................................... 14
LAND ORDINANCE 1969 ........................................................................................ 14
PLANTING OF LANDS ACT 1965........................................................................... 14
WATER RESOURCES ACT 1996............................................................................. 15
TERRITORIAL SEAS AND EXCLUSIVE ECONOMIC ZONE ACT 1997
(FISHERIES PROVISIONS) (for details see Part 4.1).............................................. 16
DOMESTIC FISHING ACT 1995 (AND REGULATIONS)..................................... 16

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FISHERIES BY-LAWS ­ ALOFI NORTH VILLAGE AND MAKEFU VILLAGE 17
MINING ACT 1977 .................................................................................................... 18
4.6
Control of transboundary movements ...................................................................... 18
AGRICULTURE QUARANTINE ACT 1984 (AND REGULATIONS) .................. 18
BIOSECURITY BILL................................................................................................. 19
CUSTOMS ACT 1966 ................................................................................................ 20
CARRIAGE BY AIR ACT 1967 ................................................................................ 21
4.7
Recognition and protection of culture and traditional institutions and values ......... 21
NIUE CULTURAL COUNCIL ACT 1986 ................................................................ 21
COPYRIGHT ACT 1962 (NZ) ................................................................................... 22
4.8
Public awareness and participation (including the involvement of the private sector)
23
4.9
Other regulatory regimes .......................................................................................... 23
BUSINESS LICENSE ACT 1997............................................................................... 23
DEVELOPMENT INVESTMENT ACT 1992........................................................... 23
BUILDING CODE ACT 1992.................................................................................... 24
NIUE DOGS ORDINANCE 1966.............................................................................. 24
PIG CONTROL ACT 1998......................................................................................... 25
WRECK AND SALVAGE ORDINANCE 1968........................................................ 25
4.10
Regional and international cooperation and harmonisation of arrangements........... 26
5
Legislative obligations under international conventions............................................. 26
5.1
Relevant Conventions and Protocols ........................................................................ 26
The Convention on Biological Diversity .................................................................... 26
Cartagena Protocol ...................................................................................................... 27
Framework Convention on Climate Change............................................................... 28
Regional Seas Conventions......................................................................................... 28
Convention to Combat Desertification........................................................................ 28
The Vienna Convention and Montreal Protocol on Ozone Depleting Substances ..... 29
Basel Convention and Waigani Convention to control the transboundary movements
and disposal of hazardous wastes................................................................................ 29
CITES (Convention on International Trade in Endangered Species) ......................... 30
World Trade Organization and General Agreement on Tariffs and Trade ................. 30
PICTA and PACER (Pacific trade agreements).......................................................... 31
Appendix 1: Persons consulted .............................................................................................. 32
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Abbreviations
EEZ
exclusive economic zone
EIA
environmental impact assessments
CBD
Convention on Biological Diversity
DAFF
Department of Agriculture, Forestry, and Fisheries
ED Environment
Department
GEF
Global Environment Facility
IWP
International Waters Programme
NBF
National Biosafety Framework Project
NCSD
National Council for Sustainable Development
(NZ)
Being a law enacted by the Parliament of New Zealand
SPREP
South Pacific Regional Environment Programme
UNCLOS
United Nations Convention on the Law of the Sea
UNEP
United Nations Environment Program
WCPT
Convention on the Conservation and Management of Highly
Migratory Fish Stocks in the Western and Central Pacific Ocean

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1 Background
1.1 The
International
Waters Programme (IWP)
In 2002, implementation of the coastal component of the Strategic Action Programme for the
International Waters of the Pacific Islands Region (IWP) commenced in Niue. Niue's
component of the IWP involves the design and implementation of a pilot project that will
address sustainable resource use and conservation issues related to coastal fisheries
management.
To facilitate the IWP in Niue, the Government of Niue, through the Department of Agriculture,
Fisheries and Forestry (DAFF), and the IWP Project Coordination Unit based at the SPREP in
Apia, commissioned a review of natural resource and environment-related legislation in Niue.
The focus of this review highlights areas where there may be over lapping jurisdiction, or
potential for conflict between the respective legislations. The IWP is principally focused on
activities associated with the conservation and preservation of freshwater, waste management
and the sustainable use of coastal resources.
1.2 UNEP-GEF Project on the Development of a National Biosafety
Framework (NBF) for Niue
In June 2002, Niue acceded to the Cartagena Protocol on Biosafety, a supplementary
international agreement to the Convention on Biological Diversity. The objective of the
Cartagena Protocol is "to contribute to ensuring an adequate level of protection in the field of
the safe transfer, handling and use of living modified organisms resulting from modern
biotechnology that may have adverse effects on the conservation and sustainable use of
biological diversity, taking also into account risks to human health, and specifically focusing
on trans-boundary movements".
To fulfill its obligations under the Cartagena Protocol, Niue joined the UNEP/GEF Capacity
Building Project on the Development of NBFs in October 2002. The main objective of this
project is the development of a National Biosafety Framework for Niue in accordance with the
relevant provisions of the Cartagena Protocol. The main elements of this framework are -
(a) A biosafety policy
(b) The regulatory regime
(c) A system to handle requests (administrative, risk assessment & management, decision
making)
(d) Follow up actions (monitoring, inspections and enforcement)
(e) Public Awareness and Participation
The principal focus of this legislative review is to facilitate the drafting of legislation necessary
to give effect to a regulatory regime.
1.3 A parallel review (IWP and NBF)
The IWP review of natural resource and environment-related legislation and the development
of a regulatory regime for the NBF are closely linked. The national legislation related to the
management of natural resources and the protection of the environment are similar to those
that might be of relevance in the context of biosafety. Furthermore, both projects are
implemented within the context of Niue's efforts towards achieving sustainable development
and pursuing its national priorities. (These are articulated in Niue's cross-sectoral and sectoral
policies and strategy documents such as the Integrated Strategic Plan [Niue Ke Monuina] and
the Niue Biodiversity Strategy and Action Plan.)
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To optimize resource use and for value-added purposes, this Report provides a legislative
review for application to both the IWP and NBF activities.
1.4 Objectives
The stated objectives are:
· To review natural resource and environment-related legislation in order to
recommend improvements in how the government manages the natural resources
of Niue.
· To review national legislation that might be of relevance to biosafety, and to draft
legislation as required under the regulatory regime component of the NBF for
Niue.
2. Background references and consultations
2.1 References
consulted
This review of legislation has drawn extensively on the following documents and reports ­
· Survey of Sector Legislation and Regulations relevant to the Niue Biosafety
Framework by Lofa Rex (May 2003)
· List of Environmental and Related Acts and Regulations as at 19 February 1992
prepared by Clark Peteru
· Niue Country Report to WIPO-Australia-Forum Secretariat Meeting of High
Level Officials on Intellectual property Offices in Pacific Island Forum Countries
prepared by Peleni Talagi, Crown Counsel.
· Niue National Biodiversity Strategy and Action Plan 2001
· Memorandum of Understanding between SPREP and the Government of Niue
regarding the Strategic Action Programme for the International Waters of the
Pacific Small Island Developing States - November 2001
· Report of the Niue IWP National Task Committee: Project Development Team
and Local project Working Group prepared by the Niue IWP National Programme
­ July 2003
· Draft Memorandum of Agreement between the National Task Committee of the
IWP, Niue and the Alofi North Village Council and the Makefu Village Council
· Fisheries Management Plan for the Village of Alofi South
2.2 Consultations and Outcomes
Persons consulted in the course of this review of legislation are listed in Appendix 1. The
outcomes of the consultations are noted in the Phase 2 Report on the Analysis of the
Legislation. These are identified as matters raised during consultations
3
Scope and methodology
3.1 Current and proposed legislation
For ease of reference, this review of Niue's legislation includes both current laws, and those
that are at an advanced stage of formulation and drafting, but which have not yet been enacted.
Each current law is referred to as an "Act". Proposed laws are termed "Bills". Laws dating
back to before 1974 are termed as Ordinances. In quite a number of instances the relevant laws
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are laws of New Zealand having current application in Niue.
3.2 Assessing the relevance of laws to this Review
It is common that legislative reviews applying to particular areas of the law require a
subjective determination as to their relevance, and therefore as to their inclusion in the Review.
In this case however, the basic objectives of the IWP and the fundamental concepts applying to
the NBF under the Cartagena Protocol are easy to identify. These then form the basis of
determining the relevance of any particular law to this Review. The critical concepts are ­
· Matters relating to constitutional authority and jurisdiction
· Administrative arrangements affecting the management of the environment
· Environment Protection and Management
· Protection of human health
· Natural Resources
· Control of Transboundary movements
· Recognition and protection of culture and traditional institutions and values
· Public awareness and participation (including the involvement of the private
sector)
· Other regulatory regimes
· Regional and international cooperation and harmonisation of arrangements
The laws (and proposed laws) of Niue are therefore reviewed under the above headings.
4 Legislative
review
4.1 Matters relating to constitutional authority and jurisdiction
NIUE CONSTITUTION ACT 1974 (AND THE ARTICLES OF THE CONSTITUTION)
Year passed:

1974
Effective from:
29 August 1974
Objective
To give effect to the Constitution of Niue
Relevance to this Review
This is the primary source of government authority in Niue. (It does not make reference to
environment related matters or to the recognition and protection of human rights.)
Substance of relevant provisions
Article 33
Restrictions are imposed on the enactment of any law affecting Niuean land.
Article 61
The Cabinet is responsible for establishing and maintaining institutions
necessary to provide a reasonable standard of living and to secure the
economic, social and cultural welfare of the people.
NIUE ACT 1966 (NZ)
Year passed:

1966
Effective from:
1 January 1967
Amended:

1968, 1971, 1974 (2 amendments), 1998

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Objective
To make comprehensive provision for the constitutional government of Niue.
Relevance to this Review
This was the primary source of government authority during the period of administration of
Niue by New Zealand, and remains of relevance today in a range of areas. Some of the matters
relate to the powers of village councils and to a limited range of environment related matters.
Substance of relevant provisions
Section 50
Village Councils may be established bylaw. This may include powers to make
by-laws under section 51. The by-laws may be disallowed by the Assembly
under section 52 and each by-law may only take effect if assented to by
Cabinet.
Section 219
A person must not permit a horse, sheep, pig, goat or cattle to be at large or to
trespass on land.
Section 222 It is an offence to pollute water.
Section 226
Makes provision for the prevention of cruelty to animals.
Part XVI
Provision is made for the development of land which is declared by the Land
Court to be subject to the provisions of this Act.
Part XXIX
Niuean antiquities are protected under this Part.
Under the 1968 Amendment Act the following provisions apply:
Section 3
All land is either Crown land or Niuean land.
Section 4
All land is vested in the Crown, subject to rights vested by Niuean custom or in
any other way.
Section 23
Every title to and interest in land is determined in accordance with Niuean
custom, and any law making provision in this regard.
Section 24
Niuean land may not be alienated, except in accordance with this law or any
other law. Parts V and VI make comprehensive provision for a Land Court and
Land Appellate Court.
By reason of the Niue Amendment Act 1974 the following references were amended in every
enactment:
Executive Committee
Cabinet of Ministers of Niue
Leader of Government
Premier of Niue
Resident Commissioner
Cabinet of Ministers of Niue
Niue Island Assembly
Niue Assembly
Ordinance
Act of the Niue Assembly
Niue Assembly Account
Niue Government Account
Chief Judge of the High Court
Chief Justice of the High Court
NZ State Services Commission
Niue Public Services Commission

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TERRITORIAL SEAS AND EXCLUSIVE ECONOMIC ZONE ACT 1997
Year passed:

1997
Effective from:
7 April 1997
Amended: 2002
Repealed the following: Territorial Sea and Exclusive Economic Zone Act 1978 (as amended), Cook
Islands Commercial Fishing Regulations 1951, Cook Islands Pearl Shell Fisheries Regulations 1950 and
Cook Islands Pearl Shell Export Duty Regulations 1950
Administered by:
Ministry of Agriculture, Forestry and Fisheries
Objective
To make provision for the territorial sea and exclusive economic zones of Niue, and for the
exploration and exploitation and the conservation and management of Niue's resources in
these zones.
Relevance to this Review
This Act makes comprehensive provision for the regulation of Niue's fisheries resource in its
territorial sea and EEZ (see 4.5). It deals with unauthorized fishing and determines prohibited
fishing methods, including the use of driftnets. The powers of authorised officers and
Observers are prescribed. (Other matters such as the movement of hazardous substances
through Niue's jurisdiction however are not provided for.)
Substance of relevant provisions
Section 2
The internal waters, the territorial sea and the EEZ are all declared to be Niue's
"fishery waters".
Section 4
The territorial sea of Niue is defined and declared.
Section 5
The internal waters of Niue are defined.
Section 7
The seabed and subsoil of submarine areas are vested in the Crown.
Section 10
The EEZ of Niue is defined and declared.
Section 60
Cabinet may make regulations on a broad range of issues, including matters for
the implementation of UNCLOS, the UN Fish Stocks Agreement and the
WCPT Convention. Regulations may apply to Niuean nationals and Niuean
registered vessels fishing on the high seas or in the waters of other nations.
They may also implement any decisions of international and regional fisheries
management bodies.
The provisions of this law relating to the management of Niue's fishery resources in its fishery
waters are noted in Part 4.5 (Natural Resources).
CONTINENTAL SHELF ACT 1964 (NZ)
Year passed;

1964
Effective from:
3rd November 1964
Amended:

Section 9 deleted.
Repealed the following: No laws repealed
Administered by:
Premier's Department
Objective
To make provision for the exploration and exploitation of the continental shelf of New Zealand
(sic).
Relevance to this Review
The right to control the continental shelf is an important aspect of a nation's sovereignty. It has

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considerable environmental implications particularly in relation to the exploitation of
resources. In this case however its effectiveness may be questioned due its foundation in the
New Zealand jurisdiction.
Substance of relevant provisions
Section 2
"Natural Resources" are defined to include living organisms and non-living
resources of the seabed and subsoil.
Section 3
Rights of exploration and exploitation of the continental shelf are vested in the
Crown.
Section 4
The provisions of the Petroleum Act 1937 apply to mining for petroleum in the
continental shelf. Regulations may also make provision in this regard.
Section 5
Mining for minerals on the continental shelf is regulated.
Section 6
The Fisheries Act 1908 (as amended in 1963) regulates the oyster beds on the
continental shelf and the exploitation of other shellfish and sponges.
Section 7
Applies the criminal and civil laws of New Zealand to the continental shelf.
Section 8
Regulations may be made in relation to a range of matters affecting and
regulating the continental shelf.
4.2 Administrative
arrangements
affecting the management of the
environment
ENVIRONMENT ACT 2003
Year passed:

2003
Effective from:
July 2003
Amended:

Never
Repealed the following: No laws repealed
Administered by:
Environment Department
Objectives
· To allow for the development of environment policy and law
· To establish an Environment Department
· To provide enforcement powers for Environment Officers
Relevance to this Review
This is the principal environment law in Niue. It is the legal foundation of the ED and makes
provision for the administration of environment related matters, the enactment of a range of
environment regulations and the enforcement of environment laws in Niue.
Substance of relevant provisions
Section 4
The matters to be taken into account in the application of this law include:
· Sustainable development
· Protection of indigenous flora and fauna
· Protection of coastal zones
· Protection of historic areas
· Preservation of culture and traditions
· Conservation and sustainable use of biological resources
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· Compliance with multilateral agreements
Section 5
An Environment Department is established.
Section 6
The functions of the ED include:
· Administration of this Act
· Formulation of environmental management objectives
· Formulation of policies and laws
· Design and implementation of programs with line agencies relating to
environmental planning and management, Environment Impact Assessments,
waste management and pollution control, nature conservation, protection of
historic areas and other designated matters
· Promotion of environmental awareness and public information programs
· Review of legislation and proposals for reform
· Environmental monitoring
· Provision of Secretariat support to the NCSD
· Promotion of community involvement in environment decision making
· Fostering the application of traditions in environment management
· Facilitation of compliance with multilateral environment agreements
The Department's priorities are to be set by the Director.
Section 7
The staff of the ED includes the Director and other public servants.
Section 10
The powers of the Director are stated, and these include a power of delegation.
Section 11
The Minister may appoint Environment Officers and their powers are
prescribed in sections 13 and 14.
Section 15
An Environment Council is established and is known as the National Council
for Sustainable Development (NCSD).
Section 16
The powers of the NCSD are to ­
· Advise the Minister on environmental, planning, development and resource
management policies
· Advise the Minister on draft laws and draft rules
· Advise the Minister of the resolution of conflicts in the implementation of the
NEMS
The appointment of members of the NCSD and the procedures of the Council are stated in
Schedule 1. (This includes provision for the transaction of business without calling formal
meetings of the NCSD).
Part 3
Comprehensive provision is made for environment enforcement matters.
Offences are prescribed. Alternative penalties are provided for, including
community service orders.
Section 29
The provisions of this Act apply notwithstanding any law to the contrary.
Section 30
Public authorities are not exempted from this Act.
Section 32
A general power to make Regulations is given to Cabinet. Regulations may be
specifically made in relation to ­
· Environment Impact Assessments
· Environmental and resource planning

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· Waste management and pollution control measure
· Regulation of hazardous substances and wastes
· Identification of species and their habitats
· Control of alien and invasive species
· Preservation of historic areas
· Rehabilitation of polluted lands
NIUE VILLAGE COUNCILS ORDINANCE 1967
Year passed:

1967
Effective from:
28 February 1967
Amended:
Repealed the following: No laws repealed
Administered by:
"The Community Development Officer"
Objectives
This law provides for establishment of Village Councils.
Relevance to this Review
Many aspects of the IWP and NBF require the involvement of the community in their
formulation and implementation, and the recognition of traditions and culture and traditional
authority.
Substance of relevant provisions
Section 3
The responsibility for the administration of the Ordinance is vested in the
"Community Development Officer" (CDO).
Section 4
Advisers to the Councils may be appointed by the CDO with the concurrence
of the Resident Commissioner.
Section 7
Annual Reports must be submitted to the Resident Commissioner.
Section 8
Village Councils may be established by the Resident Commissioner acting on
the advice of the Executive Council. Publication of a notice to this effect in the
Gazette is required (this shall specify matters of appointment, boundaries and
elections).
Section 9
Councils are bodies corporate.
Part IV
Provisions is made for elections to Councils by qualified and enrolled electors.
Section 27
The functions of the Councils are prescribed and these include the power and
responsibility to:
· Conduct business enterprises
· Take action to improve standards of housing and agriculture and other means to
achieve economic or social betterment
· Carry out works for the benefit of the Council area
· Cooperate with Government to provide social services
A very wide range of general Council functions are prescribed in the Schedule. These
relate to a wide range of matters concerning the provision of public services and the
promotion of agricultural and fisheries enterprises. A role to protect the fisheries
resource under the now repealed Fish Protection Ordinance 1965 is noted.
Section 26
Councils may undertake agency functions on behalf of the Government if
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approved by the Resident Commissioner.
Section 29
Councils are empowered to make by-laws. Notice must be given under section
30 to the CDO, but failure to do so does not invalidate a by-law. Section 31
empowers the Resident Commissioner to assent to by-laws in accordance with
the Niue Act. Procedures are prescribed in section 31(3) for giving notification
of by-laws and bringing them into effect.
Section 33
Power of taxation is given to Councils. This is subject to the approval of the
Resident Commissioner.
Section 61
A general power to make necessary Regulations is given to the Resident
Commissioner.
PUBLIC EMERGENCY ACT 1979
Year passed:

1979
Effective from:
31 January 1980
Amended:
Repealed the following: No laws repealed
Administered by:
Objectives
To make provision for the protection of the community in cases of emergency.
Relevance to this Review
This Act is of marginal relevance but has been included in a previous review of environment
related laws. Its relevance is based upon the responses that may be taken under this law to
threats to the environment.
Substance of relevant provisions
Section 2
The Cabinet may proclaim an emergency if the public safety or public order is
imperilled, or if there is a threat on such a scale that it may interfere with the
distribution of food, water, fuel, light, transportation or the essentials of life.
Section 3
Emergency regulations may be made, and the procedures and effect of them is
comprehensively provided for.
Section 4
Senior police officers are empowered to take certain actions pending a
proclamation of emergency.
DEVELOPMENT FUND ACT 1983
Year passed:

1983
Effective from:
27 April 1983
Amended:
Repealed the following: No laws repealed
Administered by:
Development Finance Committee
Objectives
To establish a development fund.
Relevance to this Review
The purpose of the Fund established under this law is to facilitate economic development and
private enterprise. The emphasis is on profit and viability. No mention is made of assessing
impacts of such developments and there is no mention made of sustainability and the
appropriate application of modern technology.

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Substance of relevant provisions
Part I
Makes comprehensive provision for the establishment of the Development
Fund.
Section 14
Proposals shall be evaluated taking into account the economic worth of the
industry, its usefulness to the economy, the extent of Niuean ownership and
control and its likely profitability.
TOURIST AUTHORITY ACT 1995
Year passed:

1995
Effective from:
7 December 1995
Amended: 1997
Repealed the following: Repealed the Tourist Board Ordinance 1970
Administered by:
Tourist Authority
Objectives
To reconstitute the Tourist Board as the Tourist Authority.
Relevance to this Review
This Act acknowledges the importance of a safe and managed environment in the context of
tourism development. In fact specific reference is made to the need to undertake EIA for all
proposed developments, and to the implementation of environment policies in this context.
Substance of relevant provisions
Section 3
A Tourist Authority is continued and is a body corporate. Comprehensive
provision is made in Part I.
Section 14
Functions of the Authority are exhaustively stated and include ­
· To identify and promote aspects of Niuean culture of interest to tourists
· In conjunction with other Departments and agencies, to regulate and control the
use and development of scenic attractions and recreational facilities
· To subject tourism projects to environment impact assessments and to have regard
to the Niue environment management strategy and other Government policies
Section 23
Cabinet is given a general Regulation making power.
4.3 Environment Protection and Management
MARINE POLLUTION PREVENTION BILL
Year drafted:

2000
To be administered by:
Main objectives
To implement the provisions of the MARPOL Convention and to make comprehensive
provision for matters relating to marine pollution and responses to marine pollution incidents.
Relevance to this Review
Controls over marine pollution and the capacity of a country to respond to marine pollution
incidents are key aspects of its domestic laws and international obligations in the environment
context.
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Substance of relevant provisions
A draft Model Regional Marine Pollution Prevention Bill was prepared in 2000 with assistance
from SPREP, SPC and IMO. It is comprehensive and may be difficult to apply in Niue's
context, but many of its features could be reflected in regulations made under the Territorial
Seas and Exclusive Economic Zone Act 1997. These relate to ­
Part II
Marine Pollution Prevention
Part III
Marine Pollution Response
Part IV
Marine Casualties
Part V
Liability and Compensation for Oil Pollution Damage
Part VI
Dumping and Incineration of Wastes
[NIUE ISLAND GENERAL LAWS (AMENDMENT) ACT 2003]
Section 21
The Cabinet has power to make Regulations for the implementation of the
International Convention for the Safety of Life at Sea 1974 and the
International Shipping and Port Security Code.
PESTICIDES ACT 1991
Year passed:

1991
Effective from:
1 October 1991
Amended:
Repealed the following: No laws repealed
Administered by:
DAFF
Objectives
To regulate the importation and sale of pesticides.
Relevance to this Review
The regulation of pesticides is an important feature of sound environmental management.
Substance of relevant provisions
Section 3
Provides for the declaration of substances to be pesticides.
Section 4
A Pesticides Committee is established comprising representatives from relevant
Departments and agencies.
Section 5
The functions and powers of the Committee are prescribed.
Section 6
Cabinet may exempt any pesticide from the provisions of this Act.
Section 7
The importation of pesticides requires a permit.
Section 8
Applications for permits must provide, inter alia, the following details ­
· brand name and active ingredients
· nature and formulation
· proposed labelling
· purpose
· arrangements for storage
Section 9
The sale and distribution of pesticides requires a permit. Section 10 prescribes
similar information to be provided as that required by section 8.
Section 11
A register of permitted imports and sellers must be maintained.

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Section 12
Customs may not release a pesticide unless a permit for it has been issued.
Section 16
Cabinet is given a general Regulation making power.
WILDLIFE ORDINANCE 1972
Year passed:

1972
Effective from:
9 March 1972
Amended:
Repealed the following: Certain regulations are repealed
Administered by:
Objectives
To make provision for the protection of wild animals and wild birds.
Relevance to this Review
This is the principal law in Niue which protects the wildlife of this country.
Substance of relevant provisions
Section 3
Species of animals may be declared as absolutely or partly protected species.
Section 4
Makes provision for the protection of animals and birds, and their habitats.
Section 5
Powers are given to wildlife wardens (i.e. police constables).
Section 7
Prohibition orders may be made against convicted persons.
ATOMIC ENERGY ACT 1945 (NZ)
Year passed:

1945
Effective from:
7 December 1945
Amended: 1976
Repealed the following: No laws repealed
Administered by:
Objectives
To control the production of atomic energy and the mining and treatment of uranium and other
elements used for the production of atomic energy.
Relevance to this Review
The presence of this law in Niue's operative statutes is a matter for consideration. The
environmental implications of atomic energy are clear. The scope for applying this law in Niue
is not so obvious.
Substance of relevant provisions
Section 4A
Rewards may be paid for the discovery of prescribed substances.
Section 4B
Grants may be paid to persons prospecting for or producing prescribed
substances.
Section 5
Controls may be placed on the mining of prescribed substances.
Section 6
Controls may be places on the disposal of prescribed substances.
Section 7
Restrictions are placed on the importation of prescribed substances.
Section 8
Uranium is vested in the Crown (and no compensation may be paid for it under
section 9).
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Section 10
The Minister may mine for prescribed substances.
Section 12
No person may possess fissionable substances without consent.
Section 13
Universities and schools may undertake certain experimental works.
Section 14
Restrictions are placed on trading in fissionable substances.
Section 15
Powers to enter land and premises are granted.
Section 16
Conditions may be placed on any consent given under this Act.
Section 18
Cabinet is given a general regulation making power.
4.4 Protection
of human health
NIUE PUBLIC HEALTH ORDINANCE 1965
Year passed:

1965
Effective from:
29 January 1965
Amended:
Repealed the following: A range of Ordinances are repealed
Administered by:
Department of Health (Chief Medical Officer)
Main objects
To consolidate the laws relating to public health.
Relevance to this Review
Public health issues have important impacts on the environment.
Substance of relevant provisions
Part II
Vsts responsibility in the Chief Medical Officer and prescribes functions and
powers.
Part VII
Makes provision for the sanitation of buildings and dwellings. Enforcement
Orders, Closing Orders and Demolition Orders may be imposed.
Part VIII
Prescribes matters relating to water supplies.
MOSQUITO CONTROL ACT 1980
Year passed:

1980
Effective from:
10 November 1980
Amended:
Repealed the following: Part VIII of the Public Health Ordinance
Administered by:
Objective
To provide for the enforcement of mosquito control measures and the protection of human
health from diseases transmitted by mosquitoes.
Relevance to this Review
The control of mosquitoes can have environmental implications.
Substance of relevant provisions
Section 3
A duty is imposed on all persons to keep land and premises clear of
mosquitoes.
Section 4
Littering and dumping of anything that is likely to retain water is prohibited.

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Section 5
Duties are imposed on health inspectors to deal with mosquitoes and larvae and
areas where they may proliferate. Mosquito Control Orders may be given.
4.5 Natural
Resources
LAND ORDINANCE 1969
Year passed:

1969
Effective from:
1 November 1969
Amended:
Repealed the following: No laws repealed
Administered by:
Objectives
To provide for the control and tenure of land.
Relevance to this Review
The essential purpose of this law relates to the registration of land and of interests in land.
However land is a critical natural resource and some land management provisions are included
in this Act.
Substance of relevant provisions
Section 22
The court must confirm the alienation of any Niuean land.
Section 23
Niuean land may be alienated to the Crown.
Section 44
The Court may set aside parts of Niuean land as reservations for the common
use of villages, or for church or other groups, or for burial grounds, fishing
grounds, village site, landing place, place of historic interest, water source,
building site, recreational ground, bathing place or any other purpose.
Section 46
The court may vest management of control of reserved lands in one or more
persons, or a body corporate.
Section 51
Prescribes procedures for the taking of lands for public purposes.
PLANTING OF LANDS ACT 1965
Year passed:

1963
Effective from:
16 January 1963
Amended
Repealed the following: Repealed the Planting of Lands Ordinance 1926
Administered by:
Objectives
To promote the growing of fruit and vegetables for home consumption.
Relevance to this Review
This imposes quite unique obligations in relation to land management practices in Niue.
Whether it has current application may be a matter for consideration.
Substance of relevant provisions
Section 2
All males between 18 and 60 years must plant sufficient fruit and vegetables
for himself and his family and keep his land reasonably clear of weeds and
refuse.
Section 3
Police officers may require a male person to show the work that has been done
14

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in accordance with this Act.
Section 4
Offences for non-compliance are prescribed.
WATER RESOURCES ACT 1996
Year passed:

1996
Effective from:
20 August 1996
Amended: Never
amended
Repealed the following: Part IX of the Niue Public Health Ordinance
Administered by:
Director of Works as "Manager"
Main objects
To make provision for the investigation, use, control, protection and management of water in
Niue.
Relevance to this Review
This is the principal law in Niue that makes provision in relation to the conservation and
management of the country's water resources.
Substance of relevant provisions
Section 2
"Water" includes groundwater, cave waters, seawater and rain water.
Section 4
The purpose of this Act include ­
· Ensuring the optimum use of the water resource
· Coordination of activities which may influence water quality, distribution, use
and management
· The application of appropriate standards and techniques relating to the
administration of the water resource
· Controlling the disposal of waste products which may pollute the water resource
· Controlling and preventing pollution and disease
· Protecting natural and artificial sources of water
· Ensuring the investigation of development proposals to assess their impacts on
the water resource
· Coordination of planning in relation to the water resource, including the approved
plans and developments of public authorities.
Section 6
Cabinet may make dispensation on the recommendation of the Manager or the
Health Officer.
Section 7
Ground water is vested in the Crown.
Section 8
The responsibilities of the Manager in relation to the purposes of the Act are
comprehensively stated. Powers to enter and use lands and premises are
prescribed in sections 9 and 10.
Section 11
The Manager may impose restrictions in the event of water shortages and is
responsible for monitoring the water resource.
Section 12
Water Conservation Orders may be made. These can relate to the treatment of
sewage and wastes, and the prevention of waste from entering a water source.
Section 14
The Manager may investigate groundwater resources.
Section 16
Restrictions are placed on the construction of bores. Licences for extraction
from bores and for waste disposal are provided for in Part V.

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Part VI
Provision is made in relation to water supplies.
Section 27
Cabinet is given a general regulation making power. A large range of specific
Regulations is also stated.
TERRITORIAL SEAS AND EXCLUSIVE ECONOMIC ZONE ACT 1997 (FISHERIES PROVISIONS)
(for details see Part 4.1)
Substance of relevant provisions
Section 12
Cabinet may declare a fishery to be a designated fishery to ensure effective
conservation.
Section 13
The Director may direct the preparation of management and development plans
for a designated fishery. (Cabinet may exempt persons from such plans under
section 15).
Section 18
Unauthorised commercial fishing (i.e. without a licence or authorisation) is
prohibited.
Section 19
Driftnet fishing is prohibited. (And possession of driftnet fishing equipment is
an offence under section 20).
Part 7
Multilateral and bilateral access agreements are provided for.
Part 8
Deals comprehensively with the licensing of fishing vessels.
DOMESTIC FISHING ACT 1995 (AND REGULATIONS)
Year passed:

1995
Effective from:
10 August 1995
Amended:
Repealed the following: Repealed the Sunday Fishing Prohibition Act 1980, the Niue Island Fish-
Protection Ordinance 1965 (amended in 1991) and the Safety at Sea Act 1980
Administered by:
DAFF
Objectives
To make provision for the regulation of fishing in Niue, for the protection of the fisheries of
Niue and to promote safety at sea.
Relevance to this Review
This is a modern and useful law applying to the management of Niue's near shore fisheries
resource.
Substance of relevant provisions
Section 2
"Boat" means small craft and vessels and does not include canoes, foreign
registered yachts, commercial cargo vessels over 5 tonne and barges.


A broad definition of "fishing" has been applied, and includes fish processing,
transhipment, taking crabs, diving for live seashells and corals and the use of
poisons and substances to catch fish.
Section 3
A variety of prohibited fishing practices are prescribed, including the use of
explosives and firearms, the use of poisons and stupefying agents, use of nets
with a mesh size of less that 75 mm and the use of Scuba apparatus (but this
may be authorised by Cabinet for the research purposes)
Section 4
DAFF officers may destroy akau Niukini.
Section 7
The Cabinet may declare marine reserves or fonos with the concurrence of a
village council or the Director of DAFF. Signs must be placed by village
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councils advising of the reserve of fono.
Section 8
Blanket prohibitions apply to declared reserves and fonos.
Section 9
Taking baitfish (ulihega) from an area recognised by local village custom as a
bait fishing area must be in accordance with village custom or by-laws.
Section 10
Restrictions are placed on taking certain crustaceans and other nominated fish
of a size smaller than that prescribed by the Regulations. (These are specified
in Regulation 4 of the Domestic Fishing Regulations 1996)
Section 11
Regulations may prescribe prohibited fish exports. (This is done in Regulation
3).
Section 12
Regulations may prescribe catch quota or size limits of certain species. (This is
done in Regulation 5)
Part III
Provision is made for the banning of fishing between 4 am and 9 pm on
Sundays.
Part IV
Provision is made for the licensing of fishing boats. Boats must be in
seaworthy condition and must carry the prescribed safety equipment (section
23). Exemptions may be granted by Cabinet under section 27. Regulations shall
prescribe safety requirements applying to boats in excess of 1 tonne which are
licensed to fish in the EEZ or which are licensed in Niue. (Regulation 8
prescribes safety equipment
Section 28
Cabinet is given a general Regulation making power. (These Regulations
prescribe destructive fish species ­ reg. 6, protected fish species ­ reg. 7)
FISHERIES BY-LAWS ­ ALOFI NORTH VILLAGE AND MAKEFU VILLAGE
Date drafted:

2004
Proposed to be made under the Niue Village Councils ct 1967
Main objects
To make provision for the proper protection of the fish resources and flora and fauna of the
respective villages, and to provide for the administration of marine reserves in the village
areas.
Relevance to this Review
The by-laws aim to protect and manage the fisheries resources located in two village areas.
They seek to establish marine reserves and are a clear example of effective community
participation in the management and regulation of their environments.
Substance of relevant provisions
Section 2
States the purpose of the by-laws and seeks to declare the marine reserves
identified in the Schedules.
Section 3
Imposes a range of regulatory conditions in relation to the declared marine
reserves. These relate to closure, monitoring and prohibited fishing methods.
Section 4
Councils are given further powers to impose conditions relating to catch and
size quotas and the appointment and responsibilities of rangers.
Section 5
Breaching a condition is an offence and carries a fine of up to $40. These are to
be paid to the Council in accordance with section 58 of the Niue Village
Councils Act 1967.

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MINING ACT 1977
Year passed:

1977
Effective from:
5 August 1977
Amended:
Repealed the following: No laws repealed
Administered b:
Chief Mining Inspector
Objectives
To make provision for the mining of minerals.
Relevance to this Review
The impacts of mining on the environment are clear. This law does not appear to make an
appropriate contribution to the protection of Niue's environment in this context.
Substance of relevant provisions
Section 2
"Minerals" does not include sand, coral, gravel, stone or earth.
Section 6
Mining inspectors have the duty to inspect mines to determine adverse affects
to persons, livestock or buildings (but not to the general environment).
Directions can be given.
Section 19
Cabinet may grant mining licences.
Section 21
Licences may contain conditions (but no mention is made of those conditions
relating to the protection o f the environment).
Section 35
Cabinet may make regulations concerning a range of safety and operational
issues. No clear mention is made of the need to protect the environment.
4.6 Control of transboundary movements
AGRICULTURE QUARANTINE ACT 1984 (AND REGULATIONS)
Year passed:

1984
Effective from:
12th February 1984
Amended:
Repealed the following: Animal Importation Ordinance 1974
Administered by:
DAFF
Objectives
To make provision for the protection of plants and animals.
Relevance to this Review
The imposition of a quarantine regime is an important aspect of a nation's environment
protection regime.
Substance of relevant provisions
Section 2
"Organism" includes any genetically modified form of an organism.
Section 5
Wide powers are given to quarantine officers.
Part II
Makes comprehensive provision for the control of imports.
Part III
Makes comprehensive provision in relation to disease control. This includes
animals and plants being exported.
Section 20
Cabinet may make regulations.
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BIOSECURITY BILL
Year drafted:
`
2004
To be administered by DAFF
Objectives
To protect the health, environment and agriculture of Niue and to facilitate trade in its animal
and plant products.
Relevance to this Review
This draft law seeks to make comprehensive provision for biosecurity related issues and
processes, and to harmonise these in the region.
Substance of relevant provisions
Section 2
There are definitions given to "environment", "export", "import", "fish",
"living organism" and "organism" which should be harmonised with those
given in related laws. There is no definition of "living modified organism".
"Regulated articles" include all living organisms, whether modified or not.


"Pest risk analysis" or "PRA" is defined but does not appear to be referred to in
any substantive provision.
Section 3
The purposes of the law are stated to be ­
· controlling the introduction and spread of new pests and diseases affecting plants
and animals;
· controlling those pests and diseases affecting plants and animals that are already
present in Niue;
· providing for the safe import and export of animals and animal products and
plants and plant products;
· facilitating cooperation in the prevention of the international movement of pests
and diseases affecting plants and animals.
There is no application of a precautionary principle.
Section 7
This law is in addition to any other regulatory law and does not derogate from
the application of any such law.
Section 9
All regulated articles must be declared and submitted for biosecurity control
when being brought into Niue.

Section 10
Articles may be designated as prohibited articles if they present and
unacceptable biosecurity risk to Niue.
Section 11
Pests and diseases may be designated as prohibited.
Section 14
Articles may be exempted from biosecurity control if they pose no biosecurity
risk.
Part 3
Makes comprehensive provision for import and export permits.
Section 19
Certain exemptions apply, including for goods in transit
Section 21
Provision is made for export permits, and conditions may be imposed.
Section 27
Prescribes the duties of importers and exporters to, inter alia, declare goods and
make them available for inspection.
Section 28
Duties are imposed on masters and captains to permit inspections and to file

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documents.
Section 29
Restrictions are placed on the disposal at sea of garbage and ballast.
Part 5
Prescribes the powers of biosecurity officers.
Section 44
Powers to order destruction or reconsignment are given.
Part 6
Makes comprehensive provision in relation to the internal control of pests.
Section 53
The Minister, after receipt of appropriate scientific advice and with the
authorisation of Cabinet, may in writing approve the release of beneficial
organisms or biocontrol agents to control or eradicate particular pests or
diseases in Niue.
Part 7
Makes comprehensive provision for the declaration of biosecurity emergencies,
including the making of emergency regulations.
Part 8 Makes comprehensive provision for the establishment of a National Biosecurity
Service.
Section 58
The office of Director of Biosecurity is established as a position in the public
service.
Section 59
Provides for the appointment of biosecurity officers.
Part 9
General provision is made for the administration of the Act, including the need
to consult broadly in relation to its implementation and any regulations made
under it.
Section 66
Obliges a range of public officials, including environment officers to cooperate
in the implementation of this Act.
Part 11
Makes provision for matters aimed at facilitating international cooperation.
Section 80
Regulation making powers are vested in the Minister.
CUSTOMS ACT 1966
Year passed:

1966
Effective from:
1 January 1967
Amended:
Repealed the following: A range of laws were repealed but these do not appear in the reprinted
version.
Administered by:
Comptroller of Customs
Objectives
To consolidate laws relating to customs and excise.
Relevance to this Review
The Customs Service provides critical border control capacity which can have application in
the context of the protection of the environment.
Substance of relevant provisions
Section 19
Entries must be made in relation to all imports and all questions in relation to
them must be answered. These can be verified under section 20.
Section 48
Prohibited imports are prescribed in the First Schedule and other prohibited
imports may be prescribed from time to time.
Section 50
Goods may not be landed or dealt with without an entry being made and
written permission given.
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Section 63
The export of goods is regulated.
Section 70
Certain goods are or may be prohibited from export.
Part VIII
Extensive powers are given to officers of customs.
Part XIII
Permits the detention of any ship or aircraft if an offence is committed.
Section 306
Permits Regulations to be made. Penalties are limited to 100 pounds.
CARRIAGE BY AIR ACT 1967
Year passed:

1967
Effective from:
24 November 1967
Amended: 1974
Repealed the following: Certain rules and regulations are repealed by section 45
Administered by:
Objectives
To give effect to the Warsaw Convention and to make provision for domestic carriage by air.
Relevance to this Review
This law may be of limited relevance but Regulations could be made to restrict the movement
of certain articles and substances by air.
Substance of relevant provisions
Section 3
References to New Zealand are deemed, inter alia, to include Niue.
Part I
Invokes the international Conventions applying to international carriage by air.
Section 16
A general regulation making power is prescribed.
Part II
Makes provision for the regulation of domestic carriage by air.
Section 44
Regulations may be made in relation to the duties and obligations of passengers
and consignors. Penalties are limited to $200.
4.7 Recognition and protection of culture and traditional
institutions and values
NIUE CULTURAL COUNCIL ACT 1986
Year passed:

1986
Effective from:
16 June 1986
Amended:
Repealed the following: No laws repealed
Administered by:
Niue Cultural Council
Objectives
To establish the Niue Cultural Council to promote all aspects of work associated with Niue's
natural history and material culture.
Relevance to this Review
This is Niue's principal law relating to the protection of culture and traditions. These are
matters that have increasing relevance in the context of sound environmental practice.
Substance of relevant provisions
Section 3
Comprehensive provision is made for the establishment and operation of the

21

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Niue Cultural Council.
Section 4
The functions of the Council are to ­
· Promote all aspects of work connected with culture and technology including
documentation, conservation and repatriation of artefacts
· Encourage the study of oral traditions, language and creative and performing arts
in their traditional and contemporary forms
· Encourage the promotion of salvage archaeology and the conservation of sites,
materials and monuments
· Regulate and control the use and development of historic sites
Section 9
The Cabinet is given a general Regulation making power.
COPYRIGHT ACT 1962 (NZ)
Year passed:

1962
Provisions of the New Zealand Act effective in Niue - 19 October 1974
Amended:
Repealed the following: No laws repealed
Administered by:
Objectives
To consolidate and amend the law relating to copyright.
Relevance to this Review
The capacity to protect a country's traditional knowledge and creations is an increasingly
important aspect of a nation's legal regime. It is doubtful that this out-dated New Zealand law
would provide an effective means to achieve this.
Substance of relevant provisions
Part I
Provides for copyright applying to original works.
Part II
Creates copyright applying to sound recordings, movies, television broadcasts
etc.
Part III
Creates exemptions under the Act for fair dealing with works.
Part IV
Prescribes a range of remedies for infringement of copyright.
Part V
Created a Copyright Tribunal
Part VI
Deals with copyrights outside of New Zealand
Part VII
Prescribes matters concerning Crown copyright
Part VIII
Deals with assignment of copyrights and other miscellaneous matters.
Other intellectual property laws
Other laws relating to the recognition and protection of intellectual property rights in Niue include
the Designs Act 1953 (NZ), the Merchandise Marks Act 1954 (NZ), the Patents Act 1953 (NZ) and
the Trademarks Act 1953 (NZ). These are all out-dated laws of New Zealand origin. They apply
the provisions of the New Zealand laws that were in force as at the 19th October 1974. The
registration of intellectual property in New Zealand does operate to accord protection for that
right in Niue. But it is questionable whether they meaningfully contribute to the protection of
Niuean intellectual property and so they have not been reviewed here. It is acknowledged by the
Government of Niue that an appropriate legislative framework for the protection of such rights is
needed.


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4.8 Public awareness and participation (including the involvement
of the private sector)
Section 6 of the Environment Act gives the ED responsibility to undertake programs of public
awareness and information. The NCSD established under this Act makes provision for the
representation of the Chamber of Commerce, and of interest groups and the general
community.
Regulations may prescribe procedures and requirements for EIA's but none have been made.
No other relevant laws have been sighted.
4.9 Other regulatory regimes
BUSINESS LICENSE ACT 1997
Year passed:

1997
Effective from:
1 April 1997
Amended: Never
Amended
Repealed the following: Repealed the Business License Ordinance 1971, the Niue Hours of Business
Ordinance 1963 and the The Regulations under the Cook Island Act 1915 to provide for the issue of
Trading Licences
Administered by:
Financial Secretary as "Licensor of Businesses"
Main objects
To make comprehensive provision for the licensing of businesses in Niue.
Relevance to this Review
It may be possible to regulate or prohibit certain industries that are prone to having
unacceptable impacts on the environment through a regime of business licensing. It is not clear
how far this law may facilitate this but some relevant provision is made.
Substance of relevant provisions
Section 7
It is unlawful to operate a business without a licence, or to carry on any
licensed business in breach of a term or condition imposed on a licensed
business.
Section 8
Applications must disclose the nature of the business and the premises from
which it will operate. They must also disclose any other approvals given for the
business.
Section 12
A licence may be refused if the issue would cause harm or annoyance to the
residents of any locality.
Section 23
Notices may be given in relation to any matter at a business premise, and if
there is failure to comply with a notice then the business must cease.
Section 28
A general regulation making power is given to the Cabinet.
DEVELOPMENT INVESTMENT ACT 1992
Year passed:

1992
Effective from:
1 October 1992
Amended:
Repealed the following: Repealed the Cook Islands Exchange Control Regulations 1948
Administered by:
Main objects
To introduce a development and investment incentive scheme and to regulate foreign

23

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investment.
Relevance to this Review
Restrictions on the activities of foreign enterprises may facilitate the protection of the
environment from certain industries and industry practices. The extent to which this may be
achieved under this law is not clear.
Substance of relevant provisions
Section 6
All foreign enterprises must be registered.
Section 7
Provision is made for the registration of existing enterprises.
Section 8
Comprehensive provision is made for registration procedures.
Section 36
Cabinet is given a general Regulation making power.
BUILDING CODE ACT 1992
Year passed:

1992
Effective from:
1 October 1992
Amended:
Repealed the following: Repeals the Niue Building Code Ordinance 1959
Administered by:
Main objects
To make provision for the enforcement of a Building Code and to regulate the construction of
buildings.
Relevance to this Review
The application of a proper building code and the enforcement of sound building practices
have clear benefits for the environment.
Substance of relevant provisions
Section 3
Provision is made for the appointment of building and other inspectors.
Section 4
A National Building Code can be adopted from time to time to give effect to
section 5 requiring the application of standards and controls relating to the
construction of buildings.
Section 5
Standards and controls can be prescribed. The National Building Code 1990 is
deemed to have application by virtue of this section.
Section 6
Permits are required in relation to the construction of all buildings.
Section 9
Provision is made for the inspection of buildings.
Section 18
The High Court has jurisdiction in relation to dangerous, deserted, ruinous and
dilapidated buildings.
Section 19
Cabinet is given a general Regulation making power.
NIUE DOGS ORDINANCE 1966
Year passed:

1966
Effective from:
1 July 1966
Amended:
Repealed the following: Repealed the Niue Dog Registration Ordinance 1916 (as amended in 1958)
Administered by:
Chief Officer of Police
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Main objects
To provide for the registration and control of dogs.
Relevance to this Review
Controlling any nuisance that may be caused by stray dogs can be beneficial to the
environment.
Substance of relevant provisions
Section 5
The registrar is required to maintain a register of dogs and receive registration
fees.
Section 7
Dogs are required to be registered.
Section 8
Dog collars and registration labels are to be supplied by the registrar and must
be worn by all dogs.
Section 13
Changes of ownership must be registered.
Section 16
There is a power to destroy dogs which are not wearing registration labels, or
which are diseased.
PIG CONTROL ACT 1998
Year passed:

1998
Effective from:
Amended:
Repealed the following: No laws repealed
Administered by:
Main objects
To provide for the control of pigs
Relevance to this Review
Appropriate regulations applying to the keeping and containment of pigs is important in the
context of the environment.
Substance of relevant provisions
Section 3
All pigs must be tethered or kept in enclosures.
Section 4
Pig enclosures must not constitute a nuisance.
Section 5
Pigs must be given sufficient food and water.
Section 6
Owners of land may capture and destroy wandering pigs. (Similar powers are
given to police officers under section 9.
Section 18
Cabinet may make Regulations.
WRECK AND SALVAGE ORDINANCE 1968
Year passed:

1968
Effective from:
4 November 1968
Amended:
Repealed the following: No laws repealed
Administered by:
Comptroller of Customs
Main objects
To provide for wrecks and salvage.

25

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Relevance to this Review
The purpose of this law is to prescribe matters relating to the preservation and salvage of
wrecks and their cargoes, and to enforce rights of ownership to them. It does not aim to
preserve wrecks of historical significance but certain provisions could be enforced in this
manner
Substance of relevant provisions
Section 14
Orders may be made for the removal of wrecked ships or aircraft.
Section 15
Offences are prescribed including offences relating to the removal of wrecks,
or their cargo or equipment.
4.10 Regional and international cooperation and harmonisation of
arrangements
No laws have been sighted in this context. The Office of External Affairs has clear
responsibility in relation to overseeing the implementation of Niue's international obligations.
Consideration might be given to enacting a law to clarify matters in relation to the signing,
ratifying and implementation of international treaties and agreements.
5 Legislative obligations under international
conventions
5.1 Relevant Conventions and Protocols
The following have been identified in the Terms of Reference as the relevant international
Conventions and Protocols in this context:
· The Convention on Biological Diversity (and the Cartagena Protocol)
· Framework Convention on Climate Change
· Regional Seas Conventions
· Convention to Combat Desertification
· The Vienna Convention and Montreal Protocol on Ozone Depleting Substances
· Basel Convention and Waigani Convention to control the transboundary
movements and disposal of hazardous wastes
· CITES (Convention on International Trade in Endangered Species)
· WTO and GATT
· PICTA and PACER (Pacific trade agreements)
In fact some Conventions such as CITES do not yet have formal application in Niue. The task
is not to review these international documents in detail. Where there are clear obligations to
give effect to their provisions in the domestic laws of Niue, then this is noted and some
explanation of the nature and extent of the obligation is given. It is important to note the areas
where it appears that the current laws are deficient in this regard. The nature of the required
remedial action is noted.

The Convention on Biological Diversity
The legislative obligations under this Convention are non-specific but the following are
matters about which consideration should be given to the enactment of appropriate laws:
(a) the regulation and management of Niue's biological resources;
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(b) the regulation of any activity which may be detrimental to Niue's biological
diversity;
(c) the control and eradication of invasive species;
(d) the recognition, protection and application of traditional knowledge, innovations and
practices in relation to the management, protection and utilisation of Niue's biological
diversity;
(e) measures and facilities for in-situ and ex-situ conservation of Niue's biological
diversity;
(f) the declaration and management of protected areas, and the implementation of special
measures to conserve Niue's biological diversity;
(g) access to genetic resources within Niue, and the equitable sharing of benefits arising
from the development and exploitation of such resources;
(h) access to and transfer of technologies relevant to Niue's biological diversity;
(i) plans, strategies and measures for the rehabilitation and restoration of degraded eco-
systems;
(j) systems for the monitoring of and reporting on issues and matters relevant to or
affecting Niue's biological diversity; and
(k) any other appropriate measure to promote the conservation and sustainable use of
Niue's biological diversity.
Current state of Niue's laws
It cannot be said that the current laws of Niue make comprehensive provision in relation to any
of these matters. The Regulation making powers under the Environment Act 2003 provide
scope for addressing a number of these matters. Marine reserves can be declared under section
7 of the Domestic Fishing Act 1995.
Options
Some of these matters could be addressed by Regulations made under the two laws noted
above. Such Regulations would complement those currently being drafted to implement the
NBF under the Cartagena Protocol.
Cartagena Protocol
This Protocol is unique in the detail of the legislative provision that it requires be made in
domestic legislation. These matters include detailed arrangements in relation to the following
matters:
· A designated competent authority and focal point in Niue
· Regulation, Management and Control of LMO's
· Risk assessments based upon sound scientific analysis to determine effects on the
environment and on the biological diversity, and to human health
· Notifications of and controls over transboundary movements of LMO's
· Public awareness and participation (including the involvement of the private
sector)
· Capacity building
· Preservation of cultural and traditional values
· Regional and international cooperation and harmonisation of arrangements

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Current state of Niue's laws
No provision is currently made in any law to give effect to the rights and obligations flowing
from the Protocol. However, the matter is under consideration and a draft law shall be prepared
as part of this project (see Report No. 4)
Framework Convention on Climate Change
This Convention is not based on the premise that domestic legislation in a country like Niue is
a fundamental instrument for achieving its objectives. No legislation exists in Niue that is
directly related to climate change issues and none is under consideration.
Regional Seas Conventions
Proposed amendments to the Protocol to the SPREP Convention dealing with the dumping of
wastes at sea may necessitate the inclusion of the following matters in relevant domestic laws
in Niue -
· Adoption of the Precautionary Principle
· Reverse listing approach ­ having a "White List" of relatively inert materials that
may be considered for dumping, rather than a "Black List" of prohibited materials
· Standardisation of Annexes and their contents
· Adoption of the Polluter Pays Principle
· Standardisation of definitions
· Provision for prohibition of incineration of wastes at sea
Proposed amendments to the Protocol to the SPREP Convention dealing with responses to
marine pollution incidents would necessitate the inclusion of a number of matters in relevant
domestic laws in Niue. The SPREP Protocol states the need for co-operation in combating
pollution in cases of emergency and requires Parties to take all necessary measures to prevent,
reduce and control marine pollution or the threat of pollution.
Current state of Niue's laws
There are no laws in Niue which deal effectively with the issues of dumping and incinerating
wastes at sea.
A draft Marine Pollution Prevention Bill which makes comprehensive provision for responses
to marine pollution incidents is under consideration. This is a model law drafted for application
throughout the region and questions must be asked as to the appropriateness of some of its
technical and administrative provisions to a country like Niue where ports facilities and
response capacities are limited.
Options
The issue of dumping and incineration of wastes at sea might be best dealt by amendments to
the Territorial Seas legislation. This could be done in conjunction with amendments needed to
regulate the transboundary movements of hazardous wastes. Other dumping and littering issues
could be addressed by Regulations.
The draft model Marine Pollution Prevention Bill should be thoroughly reviewed to ensure that
its provisions can be effectively implemented in Niue. It can form the basis of a re-drafted law.
Convention to Combat Desertification
This Convention envisages that an enabling environment conducive to meeting its objectives
shall be provided by strengthening existing legislation or enacting new laws. Nonetheless it is
not clear as to how this may be given effect to in the context of a country like Niue where the
concept of desertification is not easily applied.
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Current state of Niue's laws
The Water Resources Act 1996 is a relatively modern and apparently workable law and no
amendments to it appear to be warranted in the context of this Convention.
The Vienna Convention and Montreal Protocol on Ozone Depleting Substances
There is a clear obligation under the Protocol to enact legislation to impose a regulatory regime
in relation to ozone depleting substances. The following are matters about which legislative
provision is required to give effect to Niue's obligations in relation to ozone depleting
substances -
1. Prohibitions on Importation
2. Prohibitions on the Importation of Certain Goods
3. Exemptions in relation to imports
4. Prohibitions on Exportation
5. Prohibitions on Manufacture
6. Prohibitions on Sales
7. Exemptions in relation to sales
8. General Principles to be applied in relation to permits
9. Quarantine and pre-shipment permits
10. Medical permits
11. Base year permits
12. General provisions in relation to permits
13. Goods for which no permit may apply
14. Environment Officers
15. Powers of Environment Officers
16. Seizure of substances and goods
17. Forfeiture of seized substances and goods
18. Call-up of substances and goods
19. Offences and penalties
Current state of Niue's laws
There is no law in Niue currently giving effect to these matters.
Options
The deadlines for making appropriate legislative arrangements in this context are fast
approaching. These matters are deserving of a degree of priority.
Basel Convention and Waigani Convention to control the transboundary movements and
disposal of hazardous wastes
The Basel Convention regulates the movement of hazardous wastes and other wastes on a
global basis. The Convention sets down the criteria for assessing hazardous wastes in the
respective annexes.
The annexes are divided into:
· categories of wastes to be controlled;
· categories of wastes requiring special consideration;
· list of hazardous characteristics;

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· the manner of disposal operations is also specified;
· information to be provided on notification;
· information to be provided on the movement document;
· arbitration.
The Parties are obliged to prohibit the export of hazardous wastes or other wastes if the State
of import does not consent to the specific import or has prohibited the import of such wastes.
The Convention prescribes measures to apply to the proposed import or export of wastes.
Parties are required to implement their own national legislation regulating hazardous wastes
and to inform the Basel Secretariat of such information. A competent authority and a focal
point must be designated.
Under the Waigani Convention each Party must ban the importation of all hazardous wastes
and radioactive wastes from outside the Convention area. They must also prohibit the dumping
of hazardous wastes and radioactive wastes at sea. The Parties are to co-operate to ensure that
no illegal import of hazardous wastes and radioactive wastes from a non-Party enters areas
under the jurisdiction of a Party.
The scope of the Waigani Convention includes radioactive wastes and domestically
prohibited goods. It prohibits the import of hazardous wastes into its Convention Area.
Current state of Niue's laws
There are no laws in Niue which effectively deal with the issue of transboundary movements
of hazardous wastes through Niue's maritime waters.
Options
This deficiency should be addressed by appropriate amendments to the Territorial Seas
legislation. As noted above these changes could also deal with the issues of dumping and
incinerating wastes at sea.
The movement of wastes into and through Niue could otherwise be dealt with by prescribing
wastes to be prohibited substances under the proposed Biosecurity law and the Customs Act.
CITES (Convention on International Trade in Endangered Species)
Appropriate legislation is a clear requirement of this Convention to give full effect to its
objects. In fact Parties have an obligation to provide biennial reports on legislative and other
measures taken. A regulatory system requiring the granting of permits for certain species and
the keeping of records of trade is a key feature of the obligations under this Convention.
Current state of Niue's laws
The Wildlife Ordinance 1972 makes some relevant provision in this regard, although no
observation is made here about its efficacy. This Act is administered by the Police who sell the
ammunition used to shoot wildlife.
Options
The Wildlife Ordinance could form the basis for an effective law in this context if provisions
relating to the recognition of prescribed species, the granting of permits and the keeping a
records were added.
Alternatively the Wildlife Ordinance could be repealed and replaces by appropriate
regulations.
World Trade Organization and General Agreement on Tariffs and Trade
It is unlikely that some aspects of Niue's laws in relation to business licensing and foreign
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investment, and also in relation to border control would find favour with WTO bureaucrats.
The same may well be true about the state of the laws applying to intellectual property.
The purpose of this Report is not to review such compliance issues or to advocate matters
associated with the concept of free trade.
It is suggested that none of the legislative amendments advocated in this Section can be
construed as problematic in this context, but it is left to others to make the final analysis.
PICTA and PACER (Pacific trade agreements)
Similarly it is not the purpose of this Report to review issues associated with regional trade
arrangements or proposals. None of the legislative amendments advocated in this Section
should impact on such obligations. Indeed all such proposals are necessary to give effect to
Niue's clear obligations to effectively protect the environment of the region and to increase its
capacity to respond to threats to the safety of the environment.



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Appendix 1: Persons consulted
Hon. Toke Talagi
Acting Premier/Min. for Environment
Ernest Nemaia
Director ­ DAFF
Terry Chapman
Taoga Niue
Sisilia Talagi
Secretary to Government
Peleni Talagi
Crown Law
Sinahemana Hekau
Crown Law
Tagaloa Cooper
Environment Department
Judy Nemaia-Tanevesi
Biodiversity Unit
Brendan
Pasisi

Dep. Director DAFF/Chief Fisheries
Officer
Crossley Tatui
Head of External Affairs
Dr Harry Paka
Director of Health

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