Marine Mammals Protection (West Coast North Island Sanctuary) Notice 2008

Reprint as at 5 November 2020

Coat of Arms of New Zealand

Marine Mammals Protection (West Coast North Island Sanctuary) Notice 2008

(SR 2008/328)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This notice is administered by the Department of Conservation.

Pursuant to section 22 of the Marine Mammals Protection Act 1978, the Minister of Conservation gives the following notice, and the Minister of Energy, the Minister of Fisheries, and the Minister of Transport consent to the declaration in clause 4(2).

Notice

1 Title

This notice is the Marine Mammals Protection (West Coast North Island Sanctuary) Notice 2008.

2 Commencement

This notice comes into force on the 28th day after the date of its notification in the Gazette.

3 Interpretation

(1)

In this notice, unless the context otherwise requires,—

existing permit

(a)

means a mining permit, an exploration permit, or a prospecting permit that has been granted and has not expired or been surrendered or revoked on the date on which the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 comes into force; and

(b)

includes—

(i)

an extension of land granted to the area of an existing permit, an existing privilege, or a subsequent permit under the applicable mining legislation after the date on which the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 comes into force; and

(ii)

an authorisation granted under applicable mining legislation that allows seismic surveying outside the area of an existing permit, an existing privilege, or a subsequent permit after the date on which the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 comes into force

existing privilege has the meaning given by section 2(1) of the Crown Minerals Act 1991

exploration permit has the meaning given by section 2(1) of the Crown Minerals Act 1991

hazard assessment means—

(a)

an assessment of faults following a major seismic event; or

(b)

an assessment of the likelihood of, or for the purpose of mitigating the potential effects of, an anticipated natural hazard or a maritime accident, incident, or mishap

internal waters has the meaning given by section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

mining has the meaning given by section 2(1) of the Crown Minerals Act 1991

mining permit has the meaning given by section 2(1) of the Crown Minerals Act 1991

petroleum has the meaning given by section 2(1) of the Crown Minerals Act 1991

prospecting permit has the meaning given by section 2(1) of the Crown Minerals Act 1991

seabed mining

(a)

means mining in the seabed; but

(b)

excludes mining for petroleum

seismic survey means a survey of the geology of the seabed, the structures beneath it, or both, carried out by projecting pressure waves into the layers beneath the seabed, and detecting and measuring the reflected signals

subsequent permit

(a)

has the meaning given by section 2(1) of the Crown Minerals Act 1991; and

(b)

includes subsequent permits granted after the date on which the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 comes into force

territorial sea has the meaning given by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977.

(2)

All co-ordinates stated in this notice are expressed in accordance with the World Geodetic System (WGS 84).

Clause 3(1) acoustic seismic survey: revoked, on 5 November 2020, by clause 4(1) of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Clause 3(1) acoustic source: revoked, on 5 November 2020, by clause 4(1) of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Clause 3(1) activate: revoked, on 5 November 2020, by clause 4(1) of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Clause 3(1) cetacean: revoked, on 5 November 2020, by clause 4(1) of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Clause 3(1) during poor visibility: revoked, on 5 November 2020, by clause 4(1) of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Clause 3(1) existing permit: inserted, on 5 November 2020, by clause 4(2) of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Clause 3(1) existing privilege: inserted, on 5 November 2020, by clause 4(2) of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Clause 3(1) exploration permit: inserted, on 5 November 2020, by clause 4(2) of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Clause 3(1) explosion: revoked, on 5 November 2020, by clause 4(1) of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Clause 3(1) hazard assessment: inserted, on 5 November 2020, by clause 4(2) of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Clause 3(1) low-water line: revoked, on 5 November 2020, by clause 4(1) of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Clause 3(1) minimum impact activity: revoked, on 5 November 2020, by clause 4(1) of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Clause 3(1) mining permit: inserted, on 5 November 2020, by clause 4(2) of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Clause 3(1) mitigating acoustic device: revoked, on 5 November 2020, by clause 4(1) of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Clause 3(1) passive acoustic monitoring: revoked, on 5 November 2020, by clause 4(1) of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Clause 3(1) prospecting permit: inserted, on 5 November 2020, by clause 4(2) of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Clause 3(1) qualified observer: revoked, on 5 November 2020, by clause 4(1) of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Clause 3(1) seabed mining: inserted, on 5 November 2020, by clause 4(2) of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Clause 3(1) soft start: revoked, on 5 November 2020, by clause 4(1) of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Clause 3(1) source of acoustic pressure waves: revoked, on 5 November 2020, by clause 4(1) of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Clause 3(1) source vessel: revoked, on 5 November 2020, by clause 4(1) of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Clause 3(1) source vessel observer: revoked, on 5 November 2020, by clause 4(1) of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Clause 3(1) subsequent permit: inserted, on 5 November 2020, by clause 4(2) of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

4 Place defined and declared to be marine mammal sanctuary

(1)

All the place described in Schedule 1 is defined for the purposes of subclause (2), other than—

(a)

the Parininihi Marine Reserve created by the Marine Reserve (Parininihi) Order 2006; and

(b)

the Kapiti Marine Reserve created by the Marine Reserve (Kapiti) Order 1992; and

(c)

the Tapuae Marine Reserve created by the Marine Reserve (Tapuae) Order 2008.

(2)

The place defined by subclause (1) is a marine mammal sanctuary, to be called the West Coast North Island Marine Mammal Sanctuary.

(3)

A map of the sanctuary is set out in Schedule 2.

(4)

The map set out in Schedule 2 is indicative only, and if there is a conflict between it (or the map of the sanctuary available for inspection on the Internet site of the Department of Conservation) and the verbal description in Schedule 1, the verbal description prevails.

Clause 4(1): replaced, on 5 November 2020, by clause 5 of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

5 Restrictions on seismic surveying

(1)

A person must not carry out a seismic survey from a vessel in the sanctuary created by clause 4(1) unless the seismic survey is undertaken in accordance with one of the following exemptions:

(a)

under an existing permit, an existing privilege, or a subsequent permit:

(b)

for decommissioning of mining infrastructure even where there is no existing permit, existing privilege, or subsequent permit in force:

(c)

for an urgent hazard assessment:

(d)

for Level 3 surveys as defined in the 2013 Code of Conduct for Minimising Acoustic Disturbance to Marine Mammals from Seismic Survey Operations:

(e)

pursuant to an approval by the Minister of Conservation and the Minister of Energy and Resources for an activity—

(i)

that is nationally significant; and

(ii)

that has a purpose that cannot be achieved if the activity is conducted outside the sanctuary area.

(2)

A seismic survey authorised by a permit under the Crown Minerals Act 1991 that does not qualify for an exemption under subclause (1)(a) is not eligible for an approval by the Ministers under subclause (1)(e).

(3)

A seismic survey that is exempt from the prohibition must comply with the 2013 Code of Conduct for Minimising Acoustic Disturbance to Marine Mammals from Seismic Survey Operations when undertaking seismic surveying within the sanctuary.

(4)

Surveyors undertaking a Level 3 survey under subclause (1)(d) must provide the Director-General of Conservation with the following information within 30 days of completing the survey:

(a)

the date and time of the survey commencement and of its completion:

(b)

the type of sound source used:

(c)

the geographic area surveyed.

Clause 5: replaced, on 5 November 2020, by clause 6 of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

6 Restriction on seabed mining

A person must not carry out seabed mining in the sanctuary created by clause 4(1) unless the seabed mining is undertaken—

(a)

in the areas of the sea contained in the internal waters within the north-south extent of the sanctuary; or

(b)

under an existing permit, an existing privilege, or a subsequent permit.

Clause 6: replaced, on 5 November 2020, by clause 7 of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

7 Prohibition on commercial and recreational set net fishing

(1)

No person may carry out commercial or recreational set net fishing in the area of the West Coast North Island Marine Mammal Sanctuary described in Schedule 4 and shown on the map in that schedule as the area subject to a commercial and recreational set net fishing prohibition.

(2)

The map set out in Schedule 4 is indicative only, and if there is a conflict between it (or the map of the area available for inspection on the Internet site of the Department of Conservation) and the verbal description in Schedule 4, the verbal description prevails.

Regulation 7: inserted, on 26 December 2013, by regulation 4 of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2013 (SR 2013/474).

8 Status of notice under Legislation Act 2012

This notice is a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Regulation 8: inserted, on 26 December 2013, by regulation 4 of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2013 (SR 2013/474).

Schedule 1 West Coast North Island Marine Mammal Sanctuary

cl 4(1)

Schedule 1: replaced, on 5 November 2020, by clause 8 of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

All the areas of the sea enclosed by a line—

(a)

commencing at a point on the mean high-water mark at Maunganui Bluff (approximately 35°45.54′S and 173°33.30′E); then

(b)

proceeding in a southerly direction along the line of mean high-water springs to a point on that line west of Owhiro Bay (approximately 41°20.83′S and 174°44.67′E) being the north-western corner of the Taputeranga Marine Reserve; then

(c)

proceeding in a southerly direction along the western boundary of the Taputeranga Marine Reserve to a point that is its south-western corner (approximately 41°22.00′S and 174°44.67′E), then extending on a bearing of 180° to a point on the outer limit of the territorial sea; then

(d)

proceeding westerly along the line of the outer limit of the territorial sea and a line 12 nautical miles distant from the eastern boundary until it meets the north-eastern boundary of the Clifford and Cloudy Bay Marine Mammal Sanctuary, then along that boundary to a point (approximately 41°17.05′S and 174°20.82′E); then

(e)

proceeding northerly along a line 12 nautical miles distant from the previously mentioned eastern boundary to a point on the outer limit of the territorial sea (approximately 40°53.75′S and 174°36.21′E); then

(f)

proceeding northerly along the outer limit of the territorial sea to a point on that boundary directly west of the point of commencement; then

(g)

proceeding in an easterly direction, at a bearing of 90°, to the point of commencement,—

including all the areas of the sea contained in the internal waters within the north-south extent of the area defined above between the point on Maunganui Bluff (approximately 35°45.54′S and 173°33.30′E) and the point west of Owhiro Bay (approximately 41°20.83′S and 174°44.67′E).

Schedule 2 Map of sanctuary

cl 4(3)

Schedule 2: replaced, on 5 November 2020, by clause 9 of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Map of sanctuary

Schedule 3 Area in which mining restricted

[Revoked]

cl 6(1)

Schedule 3: revoked, on 5 November 2020, by clause 10 of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2020 (LI 2020/268).

Schedule 4 Set net fishing prohibition area

cl 7

Schedule 4: inserted, on 26 December 2013, by regulation 5 of the Marine Mammals Protection (West Coast North Island Sanctuary) Amendment Notice 2013 (SR 2013/474).

All the areas of the sea enclosed by a line—

(a)

commencing at a point 2 nautical miles from mean high-water springs (approximately 174°4.96′E and 39°0.43′S)1 that is the continuation of a line extending at 331° from the mouth of the Waiwhakaiho River, Taranaki (approximately 174°6.27′E and 39°2.21′S); and

(b)

proceeding along that line to a point 7 nautical miles (approximately 174°1.78′E and 38°56.06′S) from mean high-water springs; and

(c)

proceeding generally north-east along a line 7 nautical miles from mean high-water springs to the point with the co-ordinates 174°23.23′E and 38°49.23′S; and

(d)

proceeding generally south-east in a straight line to the point with the co-ordinates 174°28.27′E and 38°52.23′S; and

(e)

proceeding along a line 2 nautical miles from mean high-water springs back to the point of commencement.

Map of sanctuary

Map of set net fishing prohibition area

Dated at Wellington this 23rd day of September 2008.

Steve Chadwick,
Minister of Conservation.

Harry Duynhoven,
for Minister of Energy.

Jim Anderton,
Minister of Fisheries.

Annette King,
Minister of Transport.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 25 September 2008.

Reprints notes
1 General

This is a reprint of the Marine Mammals Protection (West Coast North Island Sanctuary) Notice 2008 that incorporates all the amendments to that notice as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

1 All co-ordinates are expressed in terms of NZTM 2000.