New Zealand Legislation: Acts

4 Governor-General may declare an area to be a marine reserve

• (1) Subject to section 5 of this Act, the Governor-General may from time to time, by Order in Council, declare that any area described in the Order shall be a marine reserve subject to this Act, and to such conditions as may be recommended to him by the Minister under subsection (9) of section 5 of this Act; but no area in respect of which any lease or licence under the Marine Farming Act 1971 is for the time being in force shall be declared a marine reserve.

  (2) No area within the jurisdiction of any harbour board shall be declared a marine reserve without the consent of the harbour board.

  (3) Notwithstanding anything in the Public Works Act 1981 or any other Act, no public work, other than a work authorised by this Act, may be undertaken or constructed on any area included in a marine reserve except with the consent of the Minister, and the Minister in charge of the department in control of the work, and subject to such conditions as those Ministers may jointly impose.

  (4) Subject to subsection (5) of this section, and to section 25 of this Act, nothing in this Act or regulations made under this Act shall affect the Coal Mines Act 1979, the Mining Act 1926, the Mining Act 1971, the Petroleum Act 1937, the Iron and Steel Industry Act 1959, or the Continental Shelf Act 1964.

  (5) The right to do anything in a marine reserve by virtue of a mining interest (whether in force at, or after, the commencement of this Act) may, notwithstanding anything in the interest or in any of the Acts mentioned in subsection (4) of this section, be made subject to this Act or to any provision of it by the Minister of Energy, with the concurrence of the Minister, so notifying in writing the holder of the interest.

  (6) If the right to do anything in a marine reserve by virtue of a mining interest is made subject to this Act or to any provision of this Act, it may continue to be exercised in the marine reserve only to the extent that it can be exercised in accordance with this Act or with the provision, as the case may be; and if it cannot be exercised in accordance with this Act or with the particular provision of this Act, it shall not be exercised at all.

  The Public Works Act 1981 referred to in subsection (3) was substituted, as from 1 February 1982, for a reference to the Public Works Act 1928 pursuant to section 248(1) Public Works Act 1981 (1981 No 35).

  Subsections (3) and (5) were amended, as from 1 September 1972, by section 6(1) Ministry of Agriculture and Fisheries Amendment Act 1972 (1972 No 3) by substituting the words “Minister of Agriculture and Fisheries” for the words “Minister of Marine”. They were further amended, as from 1 April 1987 by section 11(1) State-Owned Enterprises Amendment Act 1987 (1987 No 117) by omitting the words “of Agriculture and Fisheries”.

  Subsection (4) was amended, as from 10 April 1990, by section 51 Conservation Law Reform Act 1990 (1990 No 31) by omitting the words “or in any bylaws”.

  The Coal Mines Act 1979 referred to in subsection (4) substituted, as from 1 April 1980, a reference to the Coal Mines Act 1925 pursuant to section 268(2) Coal Mines Act 1979 (1979 No 21).

  The words “the Minister of Energy” referred to in subsection (5) 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).