Subantarctic Islands Marine Reserves Act 2014

Version as at 28 October 2021

Coat of Arms of New Zealand

Subantarctic Islands Marine Reserves Act 2014

Public Act
 
2014 No 2
Date of assent
 
14 February 2014
Commencement
 
see section 2
Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Department of Conservation.

The Parliament of New Zealand enacts as follows:

 
1 Title

This Act is the Subantarctic Islands Marine Reserves Act 2014.

2 Commencement

This Act comes into force on 2 March 2014.

3 Interpretation

In this Act, unless the context requires another meaning,—

area has the meaning given by section 2 of the Marine Reserves Act 1971

marine reserve has the meaning given by section 2 of the Marine Reserves Act 1971

Minister of Conservation means the Minister who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of this Act

Minister for Primary Industries means the Minister who, under the authority of a warrant or with the authority of the Prime Minister, is responsible for the administration of the Fisheries Act 1996

ranger has the meaning given by section 2 of the Marine Reserves Act 1971.

4 Act binds the Crown

This Act binds the Crown.

5 Moutere Mahue / Antipodes Island Marine Reserve created

(1)

The area comprising Section 1 on Survey Office plan SO 442747 is declared to be a marine reserve.

(2)

The marine reserve is named the Moutere Mahue / Antipodes Island Marine Reserve.

(3)

For reference, the area declared to be a marine reserve is indicated on the map in Schedule 1, but the Survey Office plan overrides the map if they conflict.

6 Moutere Hauriri / Bounty Islands Marine Reserve created

(1)

The area comprising Section 1 on Survey Office plan SO 442748 is declared to be a marine reserve.

(2)

The marine reserve is named the Moutere Hauriri / Bounty Islands Marine Reserve.

(3)

For reference, the area declared to be a marine reserve is indicated on the map in Schedule 2, but the Survey Office plan overrides the map if they conflict.

7 Moutere Ihupuku / Campbell Island Marine Reserve created

(1)

The area comprising Section 1 on Survey Office plan SO 442749 is declared to be a marine reserve.

(2)

The marine reserve is named the Moutere Ihupuku / Campbell Island Marine Reserve.

(3)

For reference, the area declared to be a marine reserve is indicated on the map in Schedule 3, but the Survey Office plan overrides the map if they conflict.

8 Extension of Moutere Ihupuku / Campbell Island Marine Reserve

(1)

The Department of Conservation must, in consultation with the Ministry for Primary Industries, commission an independent review of the Moutere Ihupuku / Campbell Island Marine Reserve.

(2)

The review must—

(a)

start on or after the third anniversary of the date of commencement of this Act; and

(b)

be completed before the fifth anniversary of the date of commencement of this Act.

(3)

The review must consider whether the additional area described in subsection (11) should be included in the Moutere Ihupuku / Campbell Island Marine Reserve.

(4)

In considering that matter, the review must take into account the following:

(a)

the value of the additional area to a deepwater crab fishery:

(b)

the impact of a deepwater crab fishery in the additional area on the marine environment and ecosystems:

(c)

the biodiversity values in the additional area.

(5)

The review must include consultation with relevant stakeholders.

(6)

The Minister of Conservation must, as soon as practicable after receiving the reviewer’s report on the completed review, provide the report to the Minister for Primary Industries.

(7)

The Ministers must consult each other about the report and, no later than 90 working days after receiving the report, the Minister for Primary Industries must provide to the Minister of Conservation his or her response to the report.

(8)

The Minister of Conservation may recommend the making of an Order in Council under subsection (10) only with the agreement of the Minister for Primary Industries after subsections (1) to (7) have been satisfied.

(9)

The recommendation (if any) must include the date to be appointed by the Order in Council, which must be no later than the sixth anniversary of the date of commencement of this Act.

(10)

The Governor-General may, by Order in Council made on the recommendation of the Minister of Conservation, appoint a date for subsections (11) to (13) to take effect. Those subsections take effect only on and from the appointed date (if any).

(11)

The area comprising Section 2 on Survey Office plan SO 442749 is declared to be a marine reserve.

(12)

The area described in subsection (11), together with the area described in section 7(1), is named the Moutere Ihupuku / Campbell Island Marine Reserve.

(13)

For reference, the area declared to be a marine reserve is indicated on the map in Schedule 3, but the Survey Office plan overrides the map if they conflict.

(14)

An order under subsection (10) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationPCO must publish it on the legislation website and notify it in the GazetteLA19 s 69(1)(c)
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 8(14): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

9 Effect of declaration of marine reserves

A marine reserve declared by section 5(1), 6(1), 7(1), or 8(11) is to be treated as if it were declared by an Order in Council made under section 4(1) of the Marine Reserves Act 1971 in accordance with that Act.

10 Naming of marine reserves

(1)

The name assigned to a marine reserve by section 5(2), 6(2), 7(2), or 8(12)

(a)

is to be treated as if it had been assigned in accordance with subpart 3 of Part 2 of the NZGB Act; and

(b)

is therefore the official geographic name of the marine reserve under section 31 of the NZGB Act.

(2)

The Minister of Conservation must give notice of the name in the Gazette.

(3)

The Board must—

(a)

give notice of the name only in accordance with section 21(2)(b) of the NZGB Act; and

(b)

state in the notice the date on which the name took effect, which is the date on which the name was assigned by the relevant subsection of this Act.

(4)

The Minister of Conservation may alter the name of a marine reserve declared by this Act by giving notice of the name in the Gazette, despite anything in the NZGB Act.

(5)

The Board must then give notice of the name only in accordance with section 21(2)(b) of the NZGB Act.

(6)

The name of a marine reserve notified under subsection (4)—

(a)

is to be treated as if it had been altered in accordance with subpart 3 of Part 2 of the NZGB Act; and

(b)

is therefore the official geographic name of the marine reserve under section 31 of the NZGB Act.

(7)

In this section,—

Board means the New Zealand Geographic Board Ngā Pou Taunaha o Aotearoa continued by section 7 of the NZGB Act

11 Rangers deemed to be appointed from New Zealand Defence Force

(1)

An officer in command of a vessel or an aircraft of the New Zealand Defence Force is deemed to be a ranger under the Marine Reserves Act 1971 as if he or she had been appointed in accordance with section 17 of that Act.

(2)

However, the officer may exercise the powers, and perform the functions and duties, of a ranger only in respect of the marine reserves declared by this Act.

(3)

The officer may direct a person under his or her command to exercise those powers, or perform those functions or duties, to any extent and for any period that the officer thinks necessary.

(4)

The person may follow the directions as if he or she were a ranger.

Schedule 1 Indicative map of Moutere Mahue / Antipodes Island Marine Reserve

s 5

Graphic Indicative  map of Moutere Mahue / Antipodes Island Marine Reserve

Schedule 2 Indicative map of Moutere Hauriri / Bounty Islands Marine Reserve

s 6

Graphic Indicative map of Moutere Hauriri / Bounty Islands Marine Reserve

Schedule 3 Indicative map of Moutere Ihupuku / Campbell Island Marine Reserve

ss 7, 8

Graphic Indicative map of Moutere Ihupuku / Campbell Island Marine Reserve
Notes
1 General

This is a consolidation of the Subantarctic Islands Marine Reserves Act 2014 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Secondary Legislation Act 2021 (2021 No 7): section 3