Marine Reserves Regulations 1993

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

Marine Reserves Regulations 1993

(SR 1993/230)

Thomas Eichelbaum, Administrator of the Government

Order in Council

At Wellington this 5th day of July 1993

Present:
The Hon Doug Kidd presiding in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Department of Conservation.


Pursuant to section 24 of the Marine Reserves Act 1971, His Excellency the Administrator of the Government, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Regulations

1 Title and commencement
  • (1) These regulations may be cited as the Marine Reserves Regulations 1993.

    (2) These regulations shall come into force on the 28th day after the date of their notification in the Gazette.

2 Interpretation
  • In these regulations, unless the context otherwise requires,—

    the Act means the Marine Reserves Act 1971

    Director-General means the Director-General of Conservation

    marine reserve or reserve means a marine reserve constituted under section 4 of the Act

    unspecified scientific study means scientific study where any of the purposes of the study and the duration of the study are not specified before the date of commencement of the study, whether it is because any relevant details are not known or because of any other reason whatever

    vessel means any craft designed to manoeuvre on the water, whether or not it has any means of propulsion and regardless of that means of propulsion.

3 Application
  • These regulations shall apply to all marine reserves, subject to any specific regulations made under the Act in relation to specific reserves.

Part 1
Conduct within reserves

4 Diving
  • (1) Subject to the Act and to subclause (2), any person may dive in any part of a reserve.

    (2) No person shall, without lawful authority, dive in any area that has been closed to the public under regulation 12.

5 Anchoring
  • (1) Subject to the Act and to subclause (2), any person may anchor in any part of a reserve in such a manner that damage to the reserve does not occur or is kept to the minimum practicable level.

    (2) No person shall, without lawful authority, anchor any vessel—

    • (a) in any area that has been closed to the public under regulation 12; or

    • (b) within 100 metres of any buoy moored in accordance with that regulation.

6 Use of vessels within marine reserve
  • No vessel shall be operated in a reserve at a speed in excess of 5 knots, if the vessel—

    • (a) is within 30 metres of any other vessel or person in the water; or

    • (b) is within 200 metres of the shore; or

    • (c) is within 200 metres of any vessel that is flying flag A of the international code of signals (being the flag to indicate that a diver is below).

7 Exclusion of public from areas closed for scientific study
  • No person shall, without lawful authority, enter any area of a reserve that has been closed to the public under regulation 12.

Part 2
Scientific studies

8 Certain scientific study prohibited without approval of Director-General
  • Except with the approval of the Director-General granted under regulation 10 or regulation 16 or under the Act, no person shall undertake in a reserve scientific study that—

    • (a) involves conduct that would constitute an offence against the Act if it were not authorised by or under the Act (whether by the Director-General or otherwise); or

    • (b) may require the closure of any specified part of the reserve to the public.

9 Application to undertake specified scientific study
  • (1) An application for approval to undertake any specified scientific study shall be made in writing to the Director-General, not later than 2 months before the intended date of commencement of the study or not later than such other date during that 2-month period as the Director-General may allow, and shall specify—

    • (a) the name of the applicant and the address where he or she can be contacted; and

    • (b) the name of the person who will supervise the study and the organisation authorising or sponsoring the study (if any); and

    • (c) a descriptive title of the study and a description of how it is to be undertaken; and

    • (d) the proposed area of the study, including a map showing the boundaries of the proposed area; and

    • (e) the intended date of commencement of the study and its estimated duration; and

    • (f) whether or not there is likely to be any disturbance to the environment, the nature of the disturbance, and the time it is likely to take to overcome the disturbance; and

    • (g) the name of every other person or persons who will be present and participating in the study in the reserve at any time.

    (2) The Director-General may require any applicant to provide further details of the scientific study proposed and his or her ability to conduct the study.

10 Approval for specified scientific study
  • (1) The Director-General may approve an application for scientific study after having regard to the following matters:

    • (a) maintaining the general well-being of the reserve and preserving with the minimum of disturbance the marine life and natural features of the reserve:

    • (b) co-ordination of the study with previously approved studies and other applications for study to avoid conflicting or competing studies within the reserve:

    • (c) the time required to correct by natural processes any disturbance to the reserve or the marine life in the reserve:

    • (d) the contribution that the study would make to a better understanding of marine processes or the scientific discipline appropriate to the study:

    • (e) the maintenance of order in the reserve and the public rights of access and navigation as outlined in section 23 of the Act.

    (2) The Director-General shall advise the applicant whether or not the application is approved.

    (3) Any conditions imposed under the Act by the Director-General on any approval given under this regulation shall be specified in writing by the Director-General.

11 Reports to Director-General
  • (1) It shall be a condition of every approval given under regulation 10 that the applicant furnish progress reports on the study to the Director-General at such intervals as are specified by the Director-General.

    (2) The applicant shall furnish a final report and a copy of any published paper on the study to the Director-General.

12 Protection for areas under scientific study
  • (1) The Director-General may restrict or close to public access or use any area within a reserve for the purposes of scientific study, if the Director-General considers that restricted access or closure is desirable because of the nature of the study.

    (2) Where access to an area is restricted or not permitted under subclause (1), the Director-General shall direct the person responsible for the study to advise the public by notice in whatever manner the Director-General considers reasonable and practicable in the circumstances, including notification in a newspaper circulating in the vicinity of the reserve, that access to the area where the study is taking place is restricted or not permitted.

    (3) Any such advice or notice shall specify—

    • (a) the location of the area involved; and

    • (b) the reasons why access is restricted or not permitted to the public; and

    • (c) the dates between which access is restricted or not permitted to the public.

    (4) Where an approval given under regulation 10 is surrendered, or is withdrawn under regulation 14, the person to whom the approval was given shall remove or withdraw any notice given by him or her under subclause (2).

    (5) Any area of a reserve to which public access is restricted or not permitted in accordance with this regulation shall be 4-sided and marked at each corner by a bright yellow moored buoy not less than 1 metre in diameter. There shall be written on the buoy the words area closed by the Director-General of Conservation for scientific study and the dates of the period during which the area will be closed.

13 Participants in scientific study to carry identification
  • (1) Every person participating in a scientific study approved by the Director-General shall, while engaged in the study in the reserve, carry such form of identification as shall be specified by the Director-General.

    (2) On completion of any scientific study or on being notified of any withdrawal of approval under regulation 14, any form of identification issued by the Director-General shall be surrendered to the Director-General by the person responsible for the study.

14 Withdrawal of approval for scientific study
  • (1) The Director-General may withdraw any approval given under regulation 10 at any time if the Director-General is satisfied that any person participating in the study has committed an offence under the Act, or a breach of these regulations, or has not complied fully with any conditions of the approval to undertake the study.

    (2) Where the Director-General has withdrawn approval for any particular study under subclause (1), the Director-General may refuse, for a period specified by the Director-General, to consider any further applications for approval for scientific study within the reserve by or involving any person who was involved in the study for which approval was withdrawn.

15 Register of scientific study
  • (1) The Director-General shall cause to be kept for every reserve a register in which shall be entered particulars of scientific studies approved under regulation 10.

    (2) The register shall include details of—

    • (a) the title and a brief description of the study and its objectives; and

    • (b) the dates or projected dates of commencement and completion of the study; and

    • (c) the name of the person or persons responsible for the study.

    (3) The register for a reserve shall be made available for public inspection at the Conservancy Office of the Department of Conservation with jurisdiction over the reserve during ordinary office hours on the days when the office is open for business.

16 Approval for unspecified scientific study
  • (1) Any person wishing to undertake unspecified scientific study that is required by regulation 8 to be approved by the Director-General shall comply with the provisions of this Part, as modified by this regulation; and those provisions shall, with the necessary modifications, apply to such applications and to approvals granted under this regulation.

    (2) In the case of unspecified scientific study, the Director-General—

    • (a) may waive any requirement in paragraph (c) or paragraph (d) or paragraph (f) of regulation 9(1):

    • (b) need not have regard to the matters specified in paragraph (b) or paragraph (d) or paragraph (e) of regulation 10(1):

    (3) The application shall—

    • (a) specify the period for which the approval is required; and

    • (b) wherever practicable, describe the work to be carried out; and

    • (c) where applicable and where practicable, provide an estimate of the quantities and volumes of marine life and inorganic matter intended to be taken.

    (4) The Director-General may approve applications for unspecified scientific studies to be carried on for up to 2 years but shall not approve more than 1 application for a reserve at any one time.

    (5) The Director-General may from time to time renew approvals for unspecified scientific studies.

    (6) In giving any approval for unspecified studies, the Director-General shall not allow building or placing of any structure within a reserve.

17 Offences
  • (1) Every person commits an offence against these regulations who contravenes or fails to comply with any of regulations 4, 5, 6, 7, and 8.

    (2) Every person who commits an offence against these regulations is liable on conviction to a fine not exceeding $200.

    Regulation 17(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

18 Revocation
  • The Cape Rodney-Okakari Point Marine Reserve Bylaws 1989 (SR 1989/382) and the Poor Knights Islands Marine Reserve Bylaws 1989 (SR 1989/383) are hereby revoked.

Marie Shroff,
Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 8 July 1993.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Marine Reserves Regulations 1993. The reprint incorporates all the amendments to the regulations as at 1 July 2013, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)