(1) Fiordland is a unique area that contains both exceptional marine biodiversity and valuable marine resources. Many marine species are found only in Fiordland, and some species (such as black and red corals) that are usually found only in very deep water occur in relatively shallow water in Fiordland. The fiords have become national icons and annually attract large numbers of tourists. The fiords and outer coast also support important commercial and recreational fisheries, notably rock lobster and blue cod.

(2) In 1995, a group of stakeholders in the Fiordland marine environment formed the Guardians of Fiordland's Fisheries Inc, usually known as the Guardians of Fiordland's Fisheries and Marine Environment (the Guardians of Fiordland). Its membership now includes commercial and recreational fishers, environmentalists, charter boat and tourism operators, scientists, and tangata whenua (Ngāi Tahu). The formation of the Guardians of Fiordland was a response to their concerns regarding the escalating pressures on the Fiordland area resulting from increasing human use, the need for improved and integrated management of the area, and a desire that the community be more involved in the management of Fiordland's marine environment.

(3) At their first meeting, the Guardians of Fiordland adopted the following vision:

“That the quality of Fiordland's marine environment and fisheries, including the wider fishery experience, be maintained or improved for future generations to use and enjoy.”

(4) This vision guided the Guardians of Fiordland in developing its Fiordland Marine Conservation Strategy (the Strategy), which was published as a draft in October 2002. The production of the Strategy involved publishing information, prioritising issues, and consulting the public and stakeholders (including local and central government management agencies).

(5) A major success for the Guardians of Fiordland was in their gaining stakeholders' agreement to proposals for the integrated management of the Fiordland marine environment. Generally, this involved each stakeholder group relinquishing benefits in the interests of ensuring the quality and sustainable management of the Fiordland marine environment and fisheries. The Guardians of Fiordland referred to this process as the “gifts and gains”. One notable proposal by the Guardians of Fiordland was for the protection of small, discrete areas containing items of special significance. These areas have become known as “china shops”.

(6) In September 2003, the Guardians of Fiordland presented their finalised Strategy to the Minister of Fisheries and the Minister for the Environment. On that occasion, the Ministers made a commitment to implement the Strategy by September 2005. Subsequently, the Government appointed an Investigative Group (comprising representatives of central and regional government and the Guardians of Fiordland) to report on how best to implement the Strategy. In September 2004, the Government accepted the recommendations in the Investigative Group's report, and agreed to develop special legislation to give effect to many of those recommendations. The Government also agreed to amend fisheries regulations for non-commercial harvesting, to exclude commercial fishing from large areas of the internal waters of Fiordland, and to implement a range of other non-legislative measures.

(7) The Strategy provided a framework for the future management of the Fiordland marine environment. The Government's commitment to implementing the Strategy recognises this fact and also acknowledges the local community's wealth of knowledge of the Fiordland area. The spirit of goodwill and co-operation that exists among stakeholders will underpin the collaborative approach proposed for the future management of the area. To ensure community input into that management, a new body (that is distinct from the Guardians of Fiordland) is established by this Act. The new body is to be known as the Fiordland Marine Guardians (the Guardians).