Wildlife Management Reserve (Westhaven (Whanganui Inlet)) Order 1994

Reprint
as at 3 June 1994

Crest

Wildlife Management Reserve (Westhaven (Whanganui Inlet)) Order 1994

(SR 1994/109)

Catherine A Tizard, 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 section 14A of the Wildlife Act 1953, I, Dame Catherine Anne Tizard, the Governor-General of New Zealand, acting on the joint recommendation of the Minister of Conservation (being the Minister responsible for the administration of that Act) and the Minister of Lands and the Minister of Transport (being the Ministers charged with the administration of the Departments of State having control of the land and waters affected by this Proclamation), hereby proclaim as follows:

1 Title and commencement

  • (1) This Proclamation may be cited as the Wildlife Management Reserve (Westhaven (Whanganui Inlet)) Order 1994.

    (2) This Proclamation shall come into force on the 28th day after the date of its notification in the Gazette.

2 Interpretation

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

    the Act means the Wildlife Act 1953

    Director-General means the Director-General of Conservation

    livestock means any cattle, sheep, horse, mule, goat, pig, or deer, except one that is living in a wild state

    Minister means the Minister of Conservation

    wildlife management reserve or reserve means the area described in the Schedule.

3 Wildlife management reserve

  • The area described in the Schedule is hereby declared to be a wildlife management reserve for the purposes of the Act, subject to the provisions of clauses 4 to 11.

4 Use of vehicles prohibited in reserve

  • (1) Subject to subclause (2), no person shall enter or pass through the reserve in a vehicle unless the person holds a written authority issued for the purpose by the Director-General.

    (2) A written authority referred to in subclause (1) is not required by or in respect of—

    • (a) a person employed in the Department of Conservation who enters or passes through the reserve in a vehicle in the course of his or her official duties; or

    • (b) an occupier of any land immediately adjacent to the reserve who enters or passes through the reserve in a vehicle for the purpose of supervising the movement of livestock on any route shown as a stock movement route on SO Plan 15147 or launching a boat on any area shown on that plan as a boat launching area.

5 Livestock prohibited in reserve

  • (1) Subject to subclause (2), no person shall take livestock into the reserve unless the person holds a written authority issued for the purpose by the Director-General.

    (2) A written authority referred to in subclause (1) is not required by or in respect of—

    • (a) a person employed in the Department of Conservation who takes livestock into the reserve in the course of his or her official duties; or

    • (b) an occupier of any land immediately adjacent to the reserve who takes livestock into and through the reserve on any route shown as a stock movement route on SO Plan 15147.

6 Taking, etc of any living creature prohibited in reserve

  • (1) Subject to subclause (2) and to the other provisions of this Proclamation, no person shall hunt or kill, take for any purpose, molest, capture, disturb, harry, or worry any living creature in the reserve unless the person holds a written authority issued for the purpose by the Director-General.

    (2) A written authority referred to in subclause (1) is not required by or in respect of—

    • (a) a person who is employed in the Department of Conservation and acting in the course of his or her official duties; or

    • (b) a person who takes fish or shellfish in the reserve in accordance with the Fisheries Act 1983, the Conservation Act 1987, and the relevant regulations (if any) made under either of those Acts; or

    • (c) a person who hunts or kills, pursuant to an appropriate licence issued under the Act and in accordance with all relevant conditions imposed under section 6 of the Act, any bird of any of the following species:

      • (i) black swan (Cygnus atratus):

      • (ii) Canada goose (Branta canadensis):

      • (iii) grey duck (Anas superciliosa) and any cross of that species with any other species, variety, or kind of duck:

      • (iv) mallard duck (Anas platyrhynchos) and any cross of that species with any other species, variety, or kind of duck:

      • (v) paradise duck (Tadorna variegata):

      • (vi) spoonbill duck (New Zealand shoveler) (Anas rhyncholis):

      • (vii) pukeko (Porphyrio melanotus); or

    • (d) a person who is doing anything referred to in clause 5(2) or clause 7(2) in relation to any livestock, domestic animal, or domestic bird, where the creature is under his or her control.

7 Domestic animals or birds prohibited in reserve

  • (1) Subject to subclause (2), no person shall take into or keep in the reserve any domestic animal (other than any livestock) or domestic bird unless the person holds a written authority issued for the purpose by the Director-General.

    (2) A written authority referred to in subclause (1) is not required by or in respect of—

    • (a) a person who is employed in the Department of Conservation and takes into or keeps in the reserve any domestic animal or domestic bird, in the course of his or her official duties; or

    • (b) an occupier of any land immediately adjacent to the reserve who takes into or keeps in the reserve 1 or more dogs for the purpose of moving livestock; or

    • (c) a person who takes into the reserve 1 or more dogs under the person's direct control.

8 Other acts prohibited in reserve

  • (1) Subject to subclause (2) and to the other provisions of this Proclamation, no person shall—

    • (a) take, destroy, or disturb the eggs or spawn of any living creature in the reserve; or

    • (b) take for any purpose, or interfere with, any vegetation of any description in the reserve; or

    • (c) introduce or liberate in the reserve any living creature or the eggs or spawn of any living creature; or

    • (d) introduce or plant in the reserve any vegetation of any description or the spores or seeds of any vegetation of any description; or

    • (e) burn or clear by any means whatever any trees, shrubs, grasses, or other plant life in the reserve; or

    • (f) camp in the reserve; or

    • (g) take into or use in the reserve any jet ski or hovercraft; or

    • (h) light any fire or do anything likely to cause a fire in the reserve; or

    • (i) wilfully disturb any wildlife in the reserve, whether by flying over the reserve in an aircraft, creating any noise in the vicinity of the reserve, or otherwise; or

    • (j) take into or use in the reserve any explosives; or

    • (k) use any firearm in the reserve, except pursuant to an appropriate licence to hunt or kill game issued under the Act and in accordance with all relevant conditions imposed under section 6 of the Act—

    unless the person holds a written authority issued for the purpose by the Director-General.

    (2) A written authority referred to in subclause (1) is not required by or in respect of a person employed in the Department of Conservation who does anything specified in any of paragraphs (a) to (k) of that subclause in the course of his or her official duties.

9 Depositing rubbish prohibited

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

10 Construction prohibited

  • No person shall—

    • (a) construct or maintain any private road, track, tramway, or other means of access or communication in the reserve; or

    • (b) construct or maintain on the reserve any maimai (other than a temporary maimai brought onto the reserve on any day and removed from the reserve on the same day) or other structure—

    unless the person holds a written authority issued for the purpose by the Director-General.

11 Pollution of waters prohibited

  • No person shall pollute the reserve by means of rubbish, sewage, industrial waste, mining debris, sawmill refuse, or any other means.

Schedule
Westhaven (Whanganui Inlet) wildlife management reserve

Nelson Land District—Tasman District

All that area of land in the Nelson Land District, Tasman District, containing 2080.5000 hectares, more or less, situated in Blocks I, II, IV, V, and VI, Pakawau Survey District, and being all the land within Whanganui Inlet and Muddy Creek that is more particularly shown marked “M”, “N”, “O”, “P”, “Q”, and “R” on SO Plan 15147.

Given under the hand of Her Excellency the Governor-General, and issued under the Seal of New Zealand, this 26th day of May 1994.

[Seal]

Denis Marshall,
Minister of Conservation.

God Save the Queen!

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

Date of notification in Gazette: 2 June 1994.

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 Management Reserve (Westhaven (Whanganui Inlet)) Order 1994. The reprint incorporates all the amendments to the order as at 3 June 1994, 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)