Marine Reserves Act 1971 No 15 (as at 01 November 2008), Public Act

Act by section

2 Interpretation
  • In this Act, unless the context otherwise requires,—

    Area means any part of—

    • (b) The foreshore of the coast of New Zealand;—

    and includes any water at any material time upon or vertically above it

    Area: paragraph (a)(i) was amended, as from 1 October 1977, by section 33(1) Territorial Sea and Exclusive Economic Zone Act 1977 (1977 No 28) by omitting the words as defined by section 3 of the Territorial Sea and Fishing Zone Act 1965. Paragraph (a)(ii) was amended, as from 1 October 1977, by that Act, by substituting the words the Territorial Sea and Exclusive Economic Zone Act 1977 for the words that Act.

    Board means a Conservation Board established under section 6L of the Conservation Act 1987

    Board: this definition was inserted, as from 10 April 1990, by section 49 Conservation Law Reform Act 1990 (1990 No 31).

    Conservation Authority means the New Zealand Conservation Authority established under section 6A of the Conservation Act 1987

    Conservation Authority: this definition was inserted, as from 10 April 1990, by section 49 Conservation Law Reform Act 1990 (1990 No 31).

    Conservation management plan means a conservation management plan approved under section 8 of this Act

    Conservation management plan: this definition was inserted, as from 10 April 1990, by section 49 Conservation Law Reform Act 1990 (1990 No 31).

    Conservation management strategy means a conservation management strategy approved under section 17F of the Conservation Act 1987

    Conservation management strategy: this definition was inserted, as from 10 April 1990, by section 49 Conservation Law Reform Act 1990 (1990 No 31).

    Department means the Department of Conservation

    Department: this definition was inserted, as from 1 September 1972, by section 6(1) Ministry of Agriculture and Fisheries Amendment Act 1972 (1972 No 3).

    Department: this definition was substituted, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65).

    Director-General means the Director-General of Conservation

    Director-General: this definition was inserted, as from 1 September 1972, by section 6(1) Ministry of Agriculture and Fisheries Amendment Act 1972 (1972 No 3).

    Director-General: this definition was substituted, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65).

    Firearm means anything from which any shot, bullet, missile, or other projectile can be discharged (whether or not by force of explosive); and includes any firearm as defined in section 2 of the Arms Act 1983; and to shoot has a corresponding meaning

    Firearm: this definition was substituted, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).

    Hunt or kill

    [Repealed]

    Hunt or kill: this definition was repealed, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).

    Marine life means any species of the plant or animal kingdoms which at any time of the life of the species inhabits the sea or foreshore; and includes any specimen of the species whether alive or dead, and any part of any specimen, and the seed, spores, eggs, spawn, young, fry, and offspring of the species; but does not include wildlife within the meaning of the Wildlife Act 1953

    Marine reserve or reserve means a marine reserve constituted under section 4 of this Act

    Mining interest means—

    • (a) A coal mining right within the meaning of the Coal Mines Act 1979:

    • (b) A mining licence or prospecting licence within the meaning of the Petroleum Act 1937:

    • (c) Any authority to prospect or mine for ironsands granted by the Ministry of Energy pursuant to section 3 of the Iron and Steel Industry Act 1959, and any authority to enter on land given by him pursuant to section 6 of that Act, and any right to prospect or mine for ironsands which by virtue of section 5 of that Act may continue to be exercised as if the said section 3 had not been passed:

    • (d) While the Mining Act 1926 continues in force, a mining privilege within the meaning of that Act:

    • (e) After the commencement of the Mining Act 1971, a mining privilege within the meaning of that Act:

    • (f) Any licence issued under section 5 of the Continental Shelf Act 1964 to prospect or mine for any mineral, or carry on any operations for the recovery of any mineral:

    • (g) Any right to prospect or mine for minerals conferred by any other enactment or by any instrument:

    Mining interest: the reference to the Coal Mines Act 1979 was substituted, as from 1 April 1980, for a reference to the Coal Mines Act 1925 pursuant to section 268(2) Coal Mines Act 1979 (1979 No 21).

    Mining interest: the words the Minister of Energy were substituted, as from 1 April 1978, for the words the Minister of Mines pursuant to section 16(2)(a) Ministry of Energy Act 1977 (1977 No 33).

    Minister means the Minister of Conservation

    Minister: this definition was substituted, as from 1 September 1972, by section 6(1) Ministry of Agriculture and Fisheries Amendment Act 1972 (1972 No 3).

    Minister: this definition was substituted, as from 1 April 1987, by section 65(1) Conservation Act 1987 (1987 No 65).

    Ranger means a ranger appointed or deemed to be appointed under this Act

    Secretary for Marine

    [Repealed]

    Secretary for Marine: this definition was repealed, as from 1 September 1972, by section 6(1) Ministry of Agriculture and Fisheries Amendment Act 1972 (1972 No 3).

    Sell includes—

    • (a) Barter and any form of exchange for consideration:

    • (b) Offering or attempting to sell:

    • (c) Receiving for sale or having in possession for sale:

    • (d) Exposing for sale:

    • (e) Sending or delivering for sale:

    • (f) Causing or allowing to be sold, offered for sale, or exposed for sale;—

    and sale and sold have corresponding meanings

    Sell: this definition was inserted, as from 1 October 1996, by section 316(1) Fisheries Act 1996 (1996 No 88). See clause 2 Fisheries Act Commencement Order (No 2) 1996 (SR 1996/255).

    Taking, in relation to any marine life, includes taking, catching, fishing, killing, or pursuing by any means or device; and, in relation to any plant, includes uprooting and transplanting; and also includes any attempt at taking; and to take has a corresponding meaning

    Use includes any attempt to use or assistance given or attempted to be given in using.