New Zealand Legislation: Acts

26 Access over areas of public foreshore and seabed may be prohibited or restricted

• (1) If, under section 54(2), the Māori Land Court refers a finding to the Minister of Conservation and to the Minister of Māori Affairs, those Ministers may, to the extent that they consider necessary to protect the relevant wāhi tapu, by notice in the Gazette, prohibit or restrict access over any area of the public foreshore and seabed.

  (2) If, under section 78(2), the High Court refers a finding to the Minister of Conservation, that Minister may, to the extent that the Minister considers necessary to protect the relevant site of significance, by notice in the Gazette, prohibit or restrict access over any area of the public foreshore and seabed.

  (3) No restriction or prohibition under subsection (1) or subsection (2) may be inconsistent with any order made under Part 3 or Part 4 or any right, interest, or authority conferred by or under any other enactment.

  (4) If the Ministers or Minister considers that an exemption from a prohibition or restriction imposed under subsection (1) or subsection (2) is necessary to enable a recognised customary activity to be carried out under an order, the Ministers or Minister may, by notice in the Gazette, and subject to any conditions stated in the notice, exempt any person or class of person from the prohibition or the exemption.

  (5) The Ministers or the Minister responsible for a current notice under subsection (1) or subsection (2) or subsection (4) may, by notice in the Gazette, vary or revoke the current notice.

  (6) The Minister of Conservation must give public notice of every notice in the Gazette given under this section.

  (7) A notice by which a prohibition or restriction is imposed under this section must—

  • (a) specify the area of the public foreshore and seabed to which it relates; and

  • (b) state the reasons for the prohibition or restriction.

  (8) The Minister of Conservation must give or send a copy of every notice given under this section—

  • (a) to every local authority that has statutory functions in respect of the area to which the notice relates; and

  • (b) to the holder concerned; and

  • (c) to the Chief Executive.

  (9) Every regional council notified under subsection (8)(a) must take any reasonable action (including, without limitation, the erection of signs and fences) required to implement the restriction or prohibition.

  (10) Every notice given under any of subsections (1), (2), (4), and (5) is a regulation for the purposes of the Regulations (Disallowance) Act 1989, but is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.