Wildlife Sanctuary (The Brothers Islands) Order 1970

Reprint
as at 1 April 1987

Coat of Arms of New Zealand

Wildlife Sanctuary (The Brothers Islands) Order 1970

(SR 1970/87)

Arthur Porritt, Governor-General

A Proclamation

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.

This order is administered by the Department of Conservation.

Pursuant to the Wildlife Act 1953, I, Sir Arthur Espie Porritt, Baronet, the Governor-General of New Zealand, acting on the joint recommendation of the Minister of Internal Affairs and the Minister of Marine and Fisheries (being the Minister charged with the administration of the Department of State having the control of the land of the Crown affected by this Proclamation), hereby proclaim as follows.

1 Title and commencement

  • (1) This Proclamation may be cited as the Wildlife Sanctuary (The Brothers Islands) Order 1970.

    (2) This Proclamation shall come into force on the day after the date of its notification in the Gazette.

2 Interpretation

  • In this Proclamation, unless the context otherwise requires,—

    Act means the Wildlife Act 1953

    Director-General means the Director-General of Conservation

    lighthouse station means the northern island of The Brothers Islands, containing 7 acres 2 roods 10 perches, on which there are situated a lighthouse, domestic dwellings, and other buildings

    sanctuary means the area described in the Schedule

    Clause 2 Director-General: inserted, on 1 April 1987, by section 65(3) of the Conservation Act 1987 (1987 No 65).

    Clause 2 Secretary: revoked, on 1 April 1987, by section 65(3) of the Conservation Act 1987 (1987 No 65).

3 Wildlife sanctuary

  • The area described in the Schedule is hereby declared to be a wildlife sanctuary for the purposes of the Act, subject to the conditions specified in clauses 4 to 7.

4 Entry on sanctuary

  • Subject to clause 6, no person shall enter the sanctuary, except—

    • (a) lighthouse keepers appointed to manage the lighthouse on the lighthouse station:

    • (b) persons instructed by an officer of the Ministry of Transport to carry out specific work on the lighthouse station:

    • (c) rangers under the Act while in the lawful execution of their duty:

    • (d) seafarers through stress of weather:

    • (e) any other person authorised in writing by the Director-General.

    Clause 4(b): amended, on 1 September 1972, pursuant to section 6(2)(b) of the Ministry of Transport Amendment Act 1972 (1972 No 4).

    Clause 4(e): amended, on 1 April 1987, by section 65(3) of the Conservation Act 1987 (1987 No 65).

5 Acts prohibited in the sanctuary

  • Subject to clause 6, no person shall, except with the written authority of the Director-General,—

    • (a) hunt or kill, take for any purpose, molest, capture, disturb, harry, or worry any living creature in the sanctuary:

    • (b) take, destroy, or disturb the eggs or spawn of any living creature in the sanctuary:

    • (c) take for any purpose or interfere with vegetation of any description in the sanctuary:

    • (d) introduce or liberate in the sanctuary any living creature, or the eggs or spawn of any living creature:

    • (e) introduce or plant in the sanctuary any vegetation of any description or the spores of seeds of any vegetation of any description:

    • (f) burn or clear by any means whatsoever any trees, shrubs, grasses, or other plant life on the sanctuary:

    • (g) camp in the sanctuary:

    • (h) light any fire or do anything likely to cause a fire on the sanctuary:

    • (i) take any firearms or explosives on to the sanctuary or use any firearms or explosives in the sanctuary:

    • (j) take into or keep in the sanctuary any domestic animal or domestic bird.

    Clause 5: amended, on 1 April 1987, by section 65(3) of the Conservation Act 1987 (1987 No 65).

6 Authority of lighthouse keepers

  • Notwithstanding the provisions of clauses 4 and 5, lighthouse keepers appointed to manage the lighthouse on the lighthouse station may—

    • (a) bring on to the lighthouse station, and hold there, domestic fowls in such numbers as are from time to time permitted by the Secretary for Transport:

    • (b) kill any of the domestic fowls permitted to be brought on to and held on the lighthouse station under paragraph (a):

    • (c) cultivate garden plots:

    • (d) take firearms, ammunition, and explosives on to the lighthouse station, and use the firearms and ammunition and the explosives on the station in the course of their work as lighthouse keepers.

    Clause 6(a): amended, on 1 September 1972, pursuant to section 6(2)(c) of the Ministry of Transport Amendment Act 1972 (1972 No 4).

7 Depositing rubbish

  • No person shall deposit rubbish or leave litter in the sanctuary.

Schedule
The Brothers Islands wildlife sanctuary

Marlborough Land District: Marlborough County

All those islands known as The Brothers and adjacent small islands and rocks situated approximately 260 chains south-east of Cape Koamaru in Block XXII, Gore Survey District; area, 29 acres 3 roods 15 perches, more or less (SO Plan 4903); as the same is more particularly shown on plan marked IA Wil 30/3/3 deposited in the Head Office, Department of Conservation, Wellington, and thereon edged red.

Together with the foreshore of those islands and rocks, being such parts of the bed of the sea as are covered and uncovered by the flow and ebb of the tide at ordinary spring tides.

  • Schedule: amended, on 1 April 1987, pursuant to section 65(7) of the Conservation Act 1987 (1987 No 65).

Given under the hand of His Excellency the Governor-General and issued under the Seal of New Zealand this 21st day of April 1970.

David C Seath,
Minister of Internal Affairs.

God Save The Queen!

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

Date of notification in Gazette: 14 May 1970.

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 Wildlife Sanctuary (The Brothers Islands) Order 1970. The reprint incorporates all the amendments to the order as at 1 April 1987, 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)

  • Conservation Act 1987 (1987 No 65): section 65(3), (7)

    Ministry of Transport Amendment Act 1972 (1972 No 4): section 6(2)(b), (c)