Marine and Coastal Area (Takutai Moana) Act 2011

80 Wardens and fishery officers

(1)

Wardens may be appointed by a customary marine title group with an interest in a wāhi tapu or wāhi tapu area, in accordance with regulations made under section 118, to promote compliance with a prohibition or restriction imposed under section 79.

(2)

A warden appointed under subsection (1) is responsible to the customary marine title group for the following functions:

(a)

to assist in implementing any prohibition or restriction:

(b)

to enter a wāhi tapu or wāhi tapu area for the purpose of performing the warden’s functions:

(c)

to advise members of the public of any applicable prohibition or restriction:

(d)

to warn a person to leave a wāhi tapu or wāhi tapu area:

(e)

to record—

(i)

any failure to comply with a prohibition or restriction if the warden has reason to believe that the failure is intentional; and

(ii)

the name, contact details, and date of birth of a person who the warden has reason to believe is intentionally failing to comply with a prohibition or restriction:

(f)

to report to a constable any failure to comply with a prohibition or restriction in any case where the warden has reason to believe that the failure is intentional.

(3)

Fishery officers and honorary fishery officers may enforce wāhi tapu conditions imposed under section 79 if, and to the extent that, any fishing in a wāhi tapu or wāhi tapu area breaches those conditions.

(4)

For the purpose of subsection (3), fishery officers and honorary fishery officers may enter a wāhi tapu or wāhi tapu area—

(a)

to assist in implementing a prohibition or restriction:

(b)

to advise fishers of any applicable prohibition or restriction:

(c)

to warn fishers to leave the wāhi tapu or wāhi tapu area:

(d)

to record any failure of a fisher, and the details of that fisher, to comply with a prohibition or restriction, if the officer has reason to believe the failure is intentional:

(e)

to report any such failure to a constable.

(5)

In this section, fishery officer, honorary fishery officer, and fishing have the meanings given in section 2(1) of the Fisheries Act 1996.