Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698751765542.pdf (New Zealand)
Hauraki Gulf / Tīkapa Moana Marine Protection Bill Government Bill Explanatory note General policy statement This Bill establishes the following marine protected areas in the Hauraki Gulf: • • • 2 marine reserves: 5 seafloor protection areas: 12 high protection areas.
Background This Bill seeks to address the ongoing environmental decline of the Hauraki Gulf / Tīkapa Moana (the Gulf) due to human activities, as described in consecutive “State of our Gulf” reports.1 Pressures from harvesting and utilisation activities, land-based activities (such as pollution and sedimentation), and climate change have contributed to a decline in coastal and marine biodiversity.
Those issues are manifesting in the increasing prevalence of ecosystem changes such as kina barrens, habitat loss, and localised fisheries depletion.

New Zealand and international experts consider area-based marine protection to be one of the most effective methods for protecting marine life.
At present the Gulf has 6 marine reserves and 4 cable protection zones (CPZs), which are recognised as Type 2 marine protected areas.2 1 Every 3 years, the Hauraki Gulf Forum, established under the Hauraki Gulf Marine Park Act 2000, produces a report on the state of the Hauraki Gulf environment and the initiatives by agencies for its protection and enhancement.
See https://gulfjournal.org.nz/state-of-the-gulf/ 2 These are protected areas established outside the Marine Reserves Act 1971 that provide enough protection from the adverse effects of activities, including fishing, to meet the Marine Protected Areas Protection Standard.
That standard is that the marine protected area enables the 282—1 2 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Explanatory note The Bill creates 2 new marine reserves as extensions to existing marine reserves, 12 high protection areas (HPAs), and 5 seafloor protection areas (SPAs).

Those areas will increase protection almost threefold from 6.7% to just over 18% of the Gulf (including the CPZs).

Together they will create a more effective network of marine protection.
This will result in positive biodiversity outcomes and contribute to the goal of restoring the overall health and mauri of the Gulf.

The development of those marine protection areas was initiated in the 2017 Sea Change – Tai Timu Tai Pari: Hauraki Gulf Marine Spatial Plan (the Sea Change plan).

This is a non-statutory marine spatial plan for the Gulf developed by an inde‐ pendently formed stakeholder working group.
In response to the Sea Change plan, in 2021 the Government released Revitalising the Gulf: Government action on the Sea Change Plan (Revitalising the Gulf).

The mar‐ ine protection areas proposed in Revitalising the Gulf were based on those proposed in the Sea Change plan.

A ministerial advisory committee provided independent advice on the proposals.
In establishing those marine protection areas, the Government recognises rights and interests of Māori provided for by the Treaty of Waitangi (Fisheries Claims) Settle‐ ment Act 1992 and the Marine and Coastal Area (Takutai Moana) Act 2011.

The HPAs and SPAs will not affect an applicant group’s ability to obtain recognition of protected customary rights or customary marine title under the Marine and Coastal Area (Takutai Moana) Act 2011.
The HPAs and SPAs will also not affect the exercise of protected customary rights or rights held by a customary marine title group under that Act.

Marine reserves New marine reserves are being established as extensions to the existing Cape Rod‐ ney–Okakari Point Marine Reserve and the Whanganui A Hei (Cathedral Cove) Mar‐ ine Reserve.

Marine reserves are a very effective way of protecting marine life and habitats.

They are strictly “no take”, including marine life, shells, rocks, and drift‐ wood.
They also provide control sites for understanding the impact of fishing elsewhere, and for measuring changes in the marine environment over time.

Once established, the marine reserves will be treated as if they were declared by an Order in Council made under section 4(1) of the Marine Reserves Act 1971.
Although this Bill will establish new marine reserves adjacent to the existing marine reserves, they are in effect extensions of the existing marine reserves, and subject to the same rules and provisions as the existing marine reserves.

They are also subject to the same compliance and enforcement regime.

maintenance or recovery of the site’s biological diversity at the habitat and ecosystem level to a healthy functioning state.
Explanatory note Hauraki Gulf / Tīkapa Moana Marine Protection Bill 3 High protection areas and seafloor protection areas The purpose of HPAs is to protect, restore, and enhance biodiversity within the HPAs.

A range of activities will be prohibited in HPAs, including commercial and recrea‐ tional fishing, large-scale removal of non-living materials such as sand, stone, and driftwood, and the dumping or discharge of waste, sewage, or litter that will have a more than minor adverse impact on aquatic life.
Customary fishing will be allowed in HPAs, provided the customary fishing aligns with the biodiversity objectives for a site, and is authorised through the existing cus‐ tomary fisheries framework under the Fisheries Act 1996.

The purpose of SPAs is to maintain and restore benthic habitats within the SPAs.

Activities prohibited in SPAs include trawling that makes contact with the seabed, dredging, and Danish seining fishing methods.
Dumping, depositing, or discharging waste or other matter that is likely to have an adverse effect on aquatic life is prohibi‐ ted.

Sand extraction, mining, and aquaculture are also prohibited.

There will be addi‐ tional prohibitions on set netting, potting, and bottom longlining in the SPA around the Mokohīnau Islands.

Fishing methods and activities that are not harmful to sea‐ floor habitats, such as spear fishing and line fishing, are permitted in the SPAs.
Customary fishing in high protection areas and seafloor protection areas In HPAs, traditional non-commercial food gathering (customary fishing) will con‐ tinue to be exercised under regulations made under section 186 of the Fisheries Act 1996, regulations made under section 297 of the Fisheries Act 1996 for the purpose of section 10 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992, or sub‐ part 5 of Part 2 of the Fisheries (Amateur Fishing) Regulations 2013.
Those activities can only occur if the fishing activity is not contrary to any restrictions determined by the biodiversity objectives for the site.

The biodiversity objectives for HPAs will be agreed with Māori and provided for through regulations.

In SPAs, customary fishing using methods prohibited in those areas cannot occur (for example, trawling that makes contact with the seabed, Danish seining, or dredging).

Customary fishing using any other method can occur in those areas.
Prohibitions A technical analysis determined what activities have the greatest impact on the sea‐ floor.

Those activities are prohibited in SPAs.

The prohibitions in HPAs are more extensive than SPAs and reflect the purpose of those areas, which is to protect, restore, and enhance biodiversity.

The prohibitions for both SPAs and HPAs do not prohibit ship passage, tourism oper‐ ations, or non-fishing recreational activities (unless those activities have a more than minor adverse effect on aquatic life).
4 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Explanatory note Exemptions to prohibitions Feedback received during engagement highlighted the need for some exemptions to prohibitions to allow for activities related to customary practices, emergencies, bio‐ security threats, shipping, etc.
Compliance and enforcement for high protection areas and seafloor protection areas The marine reserves will be subject to the compliance and enforcement regime, including the offences and penalties system, in the Marine Reserves Act 1971.

The HPAs and SPAs will have an offences and penalties system modelled on the Mar‐ ine Reserves Act 1971 but updated to include a corporate liability clause and to be more aligned with modern conservation legislation.
The Bill provides for powers of rangers in HPAs and SPAs modelled on the Marine Reserves Act 1971.

Permitting regime This Bill provides for the issuing of permits for otherwise prohibited or regulated activities in HPAs and SPAs.

Instances where permits may be appropriate include for undertaking mātauranga Māori activities or scientific study, active restoration, or maintenance of existing infrastructure.
Departmental disclosure statement The Department of Conservation is required to prepare a disclosure statement to assist with the scrutiny of this Bill.

The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?
type=bill&subtype=government&year=2023&no=282 Regulatory impact statement The Department of Conservation produced a regulatory impact statement on 28 November 2022 to help inform the main policy decisions taken by the Govern‐ ment relating to the contents of this Bill.
A copy of this regulatory impact statement can be found at— • • https://www.doc.govt.nz/get-involved/have-your-say/all-consultations/2022- consultations/help-revitalise-hauraki-gulf/ https://treasury.govt.nz/publications/informationreleases/ris Clause 1 is the Title clause.

Clause by clause analysis Explanatory note Hauraki Gulf / Tīkapa Moana Marine Protection Bill 5 Clause 2 is the commencement clause.

The Bill comes into force on the day after Royal assent.
Part 1 Preliminary provisions Clause 3 sets out the purpose of the Bill.

Clause 4 provides that the Bill must be interpreted and administered so as to give effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi.

Clause 5 defines terms used in the Bill.

Clause 6 indicates that any transitional, savings, and related provisions are set out in Schedule 1.

Clause 7 provides that the Bill when enacted binds the Crown.

Clause 8 provides for the application of other legislation to the Bill.
In general terms, it provides that— • • • a person performing a function or exercising a power under the Bill must com‐ ply with any other enactment that relates to that function or power; and a requirement to obtain a permit under the Bill does not affect a requirement to obtain a permit, consent, or other permission required under another enactment; and the Bill does not affect an applicant group’s ability to obtain recognition of pro‐ tected customary rights or customary marine title under the Marine and Coastal Area (Takutai Moana) Act 2011, or the exercise of protected customary rights or rights held by a customary marine title group under that Act.
Clause 9 provides that nothing in the Bill limits the immunity of foreign military ships or aircraft, or foreign governmental ships operated for non-commercial pur‐ poses, or the crews of those ships or aircraft.

Part 2 Protected areas Subpart 1—Marine reserves Clause 10 establishes marine reserves over the areas described in Schedule 2.

The marine reserves are situated alongside and contiguous with existing marine reserves, and so in effect will be extensions of the existing marine reserves.
Clause 11 provides that the marine reserves established by clause 10 are to be treated as if they were established by an Order in Council made under section 4(1) of the Marine Reserves Act 1971.

Any other enactments that apply to marine reserves (such as the Marine and Coastal Area (Takutai Moana) Act 2011 and the Hauraki Gulf Mar‐ ine Park Act 2000) apply in the same way to the marine reserves established by clause 10.
6 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Explanatory note Subpart 2—Seafloor protection areas and high protection areas Clause 12 sets out the purpose of seafloor protection areas.

Clause 13 establishes seafloor protection areas over the areas described in Schedule 3.

Clause 14 prohibits various activities in seafloor protection areas, including aquacul‐ ture, dumping, dredging, and trawling that makes contact with the seabed.
Clause 14 provides that a person must not undertake a prohibited activity in a seafloor protec‐ tion area unless an exception applies or the activity is undertaken in accordance with a permit.

Clause 15 prohibits additional activities in the Mokohīnau Islands Seafloor Protection Area.

Clause 16 sets out the purpose of high protection areas.

Clause 17 establishes high protection areas over the areas described in Schedule 4.
Clause 18 prohibits various activities in high protection areas, including fishing, aquaculture, the removal of sand, shingle, shell, or other natural material, and dump‐ ing.

Some activities (such as causing vibrations or disturbing aquatic life) are only prohibited if carried out in a manner that is likely to have a more than minor adverse effect on aquatic life.

The effect of this is that recreational activities such as swim‐ ming, snorkelling, and short-term boat anchorage are not prohibited.
Clause 18 pro‐ vides that a person must not undertake a prohibited activity in a high protection area unless an exception applies or the activity is undertaken in accordance with a permit.

Clauses 19 to 21 set out the exceptions to the activities prohibited by clauses 14, 15 and 18 in seafloor protection areas and high protection areas.
Clause 19 provides that a person who is authorised to undertake customary fishing (under an enactment grant‐ ing authority to undertake customary fishing) may undertake customary fishing in a high protection area.

Clause 20 provides for the small-scale removal of sand from a seafloor protection area, and small-scale removal of sand, shingle, shell, or other nat‐ ural material from a high protection area, and prescribes restrictions relating to that removal.
Clause 21 provides for other general activities to which the prohibitions do not apply, including actions taken under enactments such as the Biosecurity Act 1993 or the Resource Management (Marine Pollution) Regulations 1998, training activities undertaken by the New Zealand Defence Force, emergencies, and transit shipping.
Subpart 3—Official geographic names Clauses 22 to 25 relate to the official geographic naming of the marine reserves, sea‐ floor protection areas, and high protection areas established by the Bill.

Clause 23 provides that the names given to the marine reserves, seafloor protection areas, and high protection areas are official geographic names for the purpose of the New Zea‐ land Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.
Clause 24 provides for the publication of the names, and clause 25 provides requirements for the subse‐ quent alteration of the names.

Explanatory note Hauraki Gulf / Tīkapa Moana Marine Protection Bill 7 Part 3 Permits, enforcement, and regulations for protected areas Clause 26 defines terms used in Part 3 of the Bill.

In that Part, protected area means a seafloor protection area or a high protection area, as Part 3 of the Bill applies specif‐ ically to those protected areas (and not to marine reserves).
Subpart 1—Permits Clauses 27 to 32 set out the process for obtaining a permit authorising a person to undertake a prohibited activity within a protected area.
The key elements of that process are that— • • • • a person must apply to the Director-General of the Department of Conservation (the Director-General) for a permit in the form approved by the Director- General: the Director-General may seek further information in relation to the applica‐ tion, and must consider certain matters before making a decision, including the anticipated effects of the activity on the protected area, its biodiversity object‐ ives, and the rights and interests of whānau, hapū, and iwi that exercise kai‐ tiakitanga in the protected area: the Director-General may approve the application if certain grounds are met, or decline the application in their discretion.
The Director-General may impose conditions on the granting of a permit: permit conditions may be amended, or the permit revoked, in certain circum‐ stances.

Clause 33 provides that certain persons have a right of appeal to the High Court on a question of law relating to decisions of the Director-General in relation to permits.

Clause 34 provides that a permit may be transferred to another person.
Subpart 2—Monitoring and enforcement Clauses 35 to 40 relate to the monitoring and enforcement of the prohibitions in the protected areas.

Clauses 35 and 36 provide for the appointment of rangers, and clauses 37 to 40 specify their powers.
Those powers include— • • • the power to stop a person, order them to refrain or desist from carrying out a prohibited activity, and require them to provide their name and contact details: the power to question a person and require the production of documents (such as a permit or licence) for the purposes of monitoring compliance with require‐ ments imposed by the Bill: the power to stop, enter, and search any vehicle or vessel, and seize any thing that the ranger believes is being used in the commission of, or is evidence of the commission of, an offence against the Bill.
Clause 40 sets out the process for the release or disposal of fish, aquatic life, seaweed, or natural material removed from a protected area in contravention of the Bill.

It pro‐ 8 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Explanatory note vides for any fish, aquatic life, or seaweed that is alive and likely to survive to be returned to the protected area.
Fish, aquatic life, or seaweed that is dead or unlikely to survive may be disposed of in the manner determined by the Director-General, retained for evidential purposes, or retained or disposed of in accordance with the regulations.

Clauses 41 to 43 provide for the offences against the Bill.

Clause 41 provides that a person commits an offence if the person undertakes a prohibited activity within a pro‐ tected area.
That offence is a strict liability offence, and clause 44 provides that, in a prosecution for an offence against clause 41, it is not necessary to prove that the defendant intended to commit the offence.

Clause 42 provides that it is an offence to undertake a prohibited activity within a protected area knowing that the activity is prohibited.

Clause 43 provides for other offences, such as failing to comply with the directions of a ranger, and obstructing or threatening a ranger.
Clause 45 provides for the liability of a director or manager if the person convicted of an offence against the Bill is a body corporate.

Clause 46 is a time limitation clause, which provides that a charging document for an offence against the Bill must be filed within 12 months of the offending conduct.

Clauses 47 to 56 relate to infringement offences.


Clause 47 sets out the infringement offences, and clauses 49 to 56 provide for matters such as who may issue an infringe‐ ment notice, what the notice must contain, and how it is to be served.

Clause 48 pro‐ vides for the relationship between infringement offences and offences referred to in clauses 41 to 43.
It provides that a person who is proceeded against for an infringe‐ ment offence cannot also be charged with, prosecuted for, or convicted of an offence against any of clauses 41 to 43 in respect of the same conduct.

Conversely, a person charged with, prosecuted for, or convicted of an offence against any of clauses 41 to 43 cannot be proceeded against for an infringement offence in respect of the same conduct.
Clause 57 prescribes the procedure for the disposal of property seized under the Bill (other than fish, aquatic life, seaweed, or natural material released or disposed of under clause 40).

Clauses 58 and 59 provide for the forfeiture of certain property on conviction, or, in relation to infringement offences, on the occurrence of a particular event (for example, the payment of the infringement fee).
Clause 61 provides that the Director- General must publicly notify any forfeiture under section 58 or 59, and sections 61 to 64 set out the procedure for a person who claims an interest in that forfeited property to apply to the court for relief.

Subpart 3—Regulations, review, and consequential amendments Clauses 65 to 67 provide for the making of regulations.

Clause 65 sets out general regulation-making powers.
Clause 66 provides for the making of regulations for bio‐ diversity objectives and associated restrictions for high protection areas.

Those regu‐ lations must be developed collaboratively with whānau, hapū, and iwi that exercise kaitiakitanga in the high protection area.

Clause 67 provides for the making of regula‐ Explanatory note Hauraki Gulf / Tīkapa Moana Marine Protection Bill 9 tions for additional management actions in high protection areas.
Regulations may be made under clause 67 when regulations for biodiversity objectives and associated restrictions have been made under clause 66 but there is evidence that the restrictions imposed by those regulations are not sufficient to achieve the biodiversity objectives for the high protection area.

Clause 68 provides for the ministerial review of the operation, effectiveness, and management of seafloor protection areas and high protection areas, and prescribes requirements relating to the review.
Clause 69 makes consequential amendments to the legislation specified in Schedule 5.
Hon Willow-Jean Prime Hauraki Gulf / Tīkapa Moana Marine Protection Bill Government Bill Contents Page Title Commencement Part 1 Preliminary provisions Purpose of this Act Tiriti o Waitangi/Treaty of Waitangi Interpretation Transitional, savings, and related provisions Act binds the Crown Application of other enactments Immunities of warships, etc, not affected Part 2 Protected areas Subpart 1—Marine reserves Marine reserves declared Effect of marine reserve declarations Subpart 2—Seafloor protection areas and high protection areas Seafloor protection areas Purpose of seafloor protection areas Seafloor protection areas declared Activities prohibited in seafloor protection areas Additional activities prohibited in Mokohīnau Islands Seafloor Protection Area 282—1 4 4 4 4 4 7 7 7 8 8 8 8 8 9 9 1 Hauraki Gulf / Tīkapa Moana Marine Protection Bill High protection areas Purpose of high protection areas High protection areas declared Activities prohibited in high protection areas Activities to which prohibitions do not apply Customary fishing in high protection areas Small-scale removal of natural material in seafloor protection areas and high protection areas Other activities to which prohibitions do not apply Subpart 3—Official geographic names Interpretation Official geographic names Publication of official geographic names Subsequent alteration of official geographic names Part 3 Permits, enforcement, and regulations for protected areas Interpretation of this Part Subpart 1—Permits Application for permits Director-General may seek further information Matters to be considered by Director-General Decision of Director-General Amendment to permit conditions Revocation of permit or amendment to permit conditions due to adverse effects and other grounds Appeal to High Court on question of law Permit may be transferred Subpart 2—Monitoring and enforcement Appointment and powers of rangers Rangers appointed under other enactments Appointment of honorary rangers General powers of rangers
 Power to question persons and require production of documents Powers of entry, search, and seizure Powers to seize and release or dispose of fish, aquatic life, seaweed, or natural material Offences Offence to undertake prohibited activity within protected area Offence to undertake prohibited activity within protected area knowing activity is prohibited Hauraki Gulf / Tīkapa Moana Marine Protection Bill Other offences Prosecution and defence for strict liability offences Liability of director or manager of body corporate Time for filing charging document Infringement offences Infringement offences Relationship between infringement offences and other offences Proceedings for infringement offences Who may issue infringement notices When infringement notice may be issued Revocation of infringement notice before payment made What infringement notice must contain How infringement notice may be served Payment of infringement fees Reminder notices Disposal of seized property Disposal of seized property Forfeiture Forfeiture of property on conviction Forfeiture for infringement offence Interpretation of provisions relating to forfeited property Application for relief Matters to be considered and determined by court Decision of court on application Other matters relating to forfeiture Subpart 3—Regulations, review, and consequential amendments Regulations General regulations Regulations for biodiversity objectives and associated restrictions for high protection areas Regulations for additional management actions in high protection areas Review Ministerial review Consequential amendments Consequential amendments Schedule 1 Transitional, savings, and related provisions Schedule 2 Marine reserves 20 20 21 21 21 22 22 22 22 22 23 23 23 23 23
cl 1 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Schedule 3 Seafloor protection areas Schedule 4 High protection areas Schedule 5 Consequential amendments 36 44 59 The Parliament of New Zealand enacts as follows: 1 2 Title This Act is the Hauraki Gulf / Tīkapa Moana Marine Protection Act 2023.
Commencement This Act comes into force on the day after Royal assent.

5 Part 1 Preliminary provisions 3 Purpose of this Act The purpose of this Act is to contribute to the restoration of the health and mauri of the Hauraki Gulf / Tīkapa Moana by— 10 (a) (b) establishing new marine protected areas within the Hauraki Gulf / Tīkapa Moana; and acknowledging customary rights within seafloor protection areas and high protection areas.
Tiriti o Waitangi/Treaty of Waitangi 15 This Act must be interpreted and administered so as to give effect to the prin‐ ciples of te Tiriti o Waitangi/the Treaty of Waitangi.
Interpretation In this Act, unless the context otherwise requires,— aircraft has the same meaning as in section 5 of the Civil Aviation Act 2023 20 aquaculture activity means any activity carried out for the purpose of breed‐ ing, hatching, cultivating, rearing, or ongrowing fish, aquatic life, or seaweed for harvest aquatic life has the same meaning as in section 2(1) of the Fisheries Act 1996 biodiversity objectives means the biodiversity objectives established for a sea‐ floor protection area or high protection area under the regulations 25 4 5 4 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Part 1 cl 5 bottom longlining— (a) means the use of a line— (i) (ii) to which a hook or hooks (whether baited or not) are attached; and that is sunk using weights; but (b) does not include the use of a handline customary fishing means fishing carried out in accordance with— (a) (b) regulations made under section 186 of the Fisheries Act 1996; or regulations made under section 297 of the Fisheries Act 1996 for the purpose of section 10 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992; or (c) subpart 5 of Part 2 of the Fisheries (Amateur Fishing) Regulations 2013 customary marine title has the same meaning as in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011 5 10 Danish seine net means a net or part of a net (including a warp, rope, chain, material, or device used in conjunction with, or attached to, the net) that— 15 (a) (b) (c) has a buoyancy system on the top edge; and is weighted on the bottom edge; and is operated without the use of a horizontal net-opening device by sur‐ rounding fish and being drawn over the seabed, or through waters, to 1 or more vessels 20 Danish seining means use of a Danish seine net Director-General means the Director-General of the Department of Conserva‐ tion dredge— (a) means a device towed on or over, or capable of being towed on or over, 25 the seabed; and (b) includes a box dredge or ring device dredging means use of a dredge exploration has the
 same meaning as in section 2(1) of the Crown Minerals Act 1991 30 fish has the same meaning as in section 2(1) of the Fisheries Act 1996 fishing has the same meaning as in section 2(1) of the Fisheries Act 1996 Hauraki Gulf / Tīkapa Moana— (a) means the coastal marine area on the east coast of— (i) the Auckland Region, as constituted by the Local Government (Auckland Region) Reorganisation Order 1989, Gazette Vol III 1989, p 2247; and 35 5 Part 1 cl 5 Hauraki Gulf / Tīkapa Moana Marine Protection Bill (ii) the Waikato Region, as constituted by the Local Government (Waikato Region) Reorganisation Order 1989, Gazette Vol III 1989, p 2460; and (b) includes estuaries and the tidal parts of rivers and creeks on the east coast of the Auckland Region and the east coast of the Waikato Region 5 high protection area means an area declared to be a high protection area under section 17 infringement fee, in relation to an infringement offence, means the infringe‐ ment fee for the offence specified in the regulations infringement offence means an offence identified in this Act or the regulations as being an infringement offence 10 London Convention means the Convention on the Prevention of Marine Pol‐ lution by Dumping of Wastes and Other Matter (1972) marine reserve means an area declared to be a marine reserve under section 10 15 mining has the same meaning as in section 2(1) of the Crown Minerals Act 1991 mining activity means mining, exploration, or prospecting Minister means the Minister of Conservation permit means a permit granted under section 30 authorising a person to undertake a prohibited activity within a seafloor protection area or high protec‐ tion area permit holder, in relation to a permit, means the person who has been granted a permit under section 30 or to whom a permit has been transferred under section 34 20 25 potting— (a) means the use of any pot, whether baited or not, that is capable of catch‐ ing fish or aquatic life; and (b) includes the use of any other
 device capable of catching, holding, or storing fish or aquatic life 30 prospecting has the same meaning as in section 2(1) of the Crown Minerals Act 1991 protected customary right has the same meaning as in section 9(1) of the Marine and Coastal Area (Takutai Moana) Act 2011 ranger means a ranger appointed or treated as if they were appointed under section 35 or 36 regulations means regulations made under any of sections 65 to 67 sand extraction means the taking or extraction of sand from the seabed or sub‐ soil 35 6 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Part 1 cl 8 seafloor protection area means an area declared to be a seafloor protection area under section 13 seaweed has the same meaning as in section 2(1) of the Fisheries Act 1996 set net— (a) includes a gill net, ring net, or other sort of net that acts by enmeshing, entrapping, or entangling fish; but 5 (b) does not include a fyke net or hīnaki set netting means use of a set net ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994 10 structure— (a) means any building, equipment, or device; and (b) includes an offshore installation, an artificial island, a floating platform, or a submarine pipeline trawl net means any net or part of a net (including any warp, rope, chain, material, or device used in conjunction with or attached to the net, but not including a Danish seine net) that— 15 (a) (b) (c) has a buoyancy system on the top edge; and is weighted on the bottom edge; and is operated by being drawn over the seabed or through any waters by 1 or more vessels underway 20 trawling means use of a trawl net.
Transitional, savings, and related provisions The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.

25 Act binds the Crown This Act binds the Crown.


Application of other enactments Except as otherwise specified in this Act,— 6 7 8 (1) (a) (b) all persons performing functions or exercising powers under this Act must comply with any provisions of any other enactment that apply to that function or power; and the requirement to obtain a permit under this Act does not limit or other‐ wise affect the requirement to obtain a permit, consent, or other permis‐ sion necessary under any other enactment.
30 35 (2) Nothing in this Act (except subpart 1 of Part 2) limits or otherwise affects— 7 Part 1 cl 9 Hauraki Gulf / Tīkapa Moana Marine Protection Bill (a) (b) the ability of an applicant group to obtain recognition of protected cus‐ tomary rights or customary marine title under the Marine and Coastal Area (Takutai Moana) Act 2011; or the exercise of protected customary rights or rights held by a customary marine title group under that Act.
5 9 Immunities of warships, etc, not affected Nothing in this Act limits the immunities of the following: (a) (b) any foreign warship: any other foreign governmental ship operated for non-commercial pur‐ poses: 10 (c) any foreign military aircraft: (d) members of the crew of a ship or an aircraft to which any of para- graphs (a) to (c) apply.

Part 2 Protected areas Subpart 1—Marine reserves 10 Marine reserves declared (1) (2) 11 The areas described in Schedule 2 are declared to be marine reserves.
The marine reserves have the names given to them in Schedule 2.

Effect of marine reserve declarations The marine reserves declared by section 10— (a) are to be treated as if they were declared by an Order in Council made under section 4(1) of the Marine Reserves Act 1971; and (b) are subject to any enactment that applies to such marine reserves.
15 20 Subpart 2—Seafloor protection areas and high protection areas 25 Seafloor protection areas 12 Purpose of seafloor protection areas The purpose of seafloor protection areas is to maintain and restore benthic hab‐ itats within the seafloor protection areas.

13 (1) Seafloor protection areas declared 30 The areas described in Schedule 3 are declared to be seafloor protection areas.

(2) The seafloor protection areas have the names given to them in Schedule 3.
8 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Part 2 cl 17 14 Activities prohibited in seafloor protection areas (1) A person must not undertake any of the activities described in subsection (2) in a seafloor protection area, unless— (a) (b) section 20 or 21 applies; or the activity is undertaken in accordance with a permit granted under section 30.
5 (2) The prohibited activities are— (a) (b) (c) (d) (e) (f) aquaculture activities: the dumping, depositing, or discharge of waste or other matter that is likely to have a more than minor adverse effect on aquatic life: 10 dredging: trawling that makes contact with the seabed: Danish seining: sand extraction: (g) mining activity.
15 (1) Additional activities prohibited in Mokohīnau Islands Seafloor Protection Area In addition to the prohibitions set out in section 14, the following activities are prohibited within the Mokohīnau Islands Seafloor Protection Area: (a) (b) (c) set netting: potting that occurs within the area marked with diagonal lines on the indicative map of the Mokohīnau Islands Seafloor Protection Area: bottom longlining that occurs within the area marked with diagonal lines on the indicative map of the Mokohīnau Islands Seafloor Protection Area.
(2) See Schedule 3 for the indicative map of the Mokohīnau Islands Seafloor Protection Area.

15 20 25 High protection areas 16 Purpose of high protection areas The purpose of high protection areas is to protect, restore, and enhance biodi‐ versity within the high protection areas.

30 17 (1) (2) High protection areas declared The areas described in Schedule 4 are declared to be high protection areas.

The high protection areas have the names given to them in Schedule 4.
9 Part 2 cl 18 Hauraki Gulf / Tīkapa Moana Marine Protection Bill 18 Activities prohibited in high protection areas (1) A person must not undertake any of the activities described in subsection (2) in a high protection area, unless— (a) (b) section 19, 20, or 21 applies; or the activity is undertaken in accordance with a permit granted under section 30.
5 (2) The prohibited activities are— (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) fishing: aquaculture activities: the removal of sand, shingle, shell, or other natural material: 10 the dumping, depositing, or discharge of waste or other matter that is likely to have a more than minor adverse effect on aquatic life: the introduction of any living organism: the construction, alteration, extension, removal, or demolition of a struc‐ ture (including a ship): 15 the causing of vibrations (other than vibrations caused by the propulsion of a ship) in a manner that is likely to have a more than minor adverse effect on aquatic life: the disturbance (including by excavating, drilling, tunnelling, or dredg‐ ing) of aquatic life, habitats, or water column in a manner that is likely to have a more than minor adverse effect on aquatic life: the destruction or damage of the seabed and subsoil in a manner that is likely to have an adverse effect on the seabed and subsoil: the landing of an aircraft: the causing of an explosion: mining activity.
Activities to which prohibitions do not apply 19 Customary fishing in high protection areas (1) Despite section 18, a person may undertake customary fishing within a high protection area if— (a) the person is authorised to undertake customary fishing under— (i) (ii) regulations made under section 186 of the Fisheries Act 1996; or regulations made under section 297 of the Fisheries Act 1996 for the purpose of section 10 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992; or (iii) subpart 5 of Part 2 of the Fisheries (Amateur Fishing) Regulations 2013; and 10 20 25 30 35 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Part 2 cl 21 (b) the person complies with any regulations made under section 66 or 67 relating to the high protection area.
(2) To avoid doubt, this section— (a) (b) applies only to customary fishing within high protection areas; and does not apply to the activities prohibited by sections 14 and 15 in seafloor protection areas.
5 20 (1) Small-scale removal of natural material in seafloor protection areas and high protection areas If a person complies with subsection (2), the person may do the following: (a) despite section 14(2)(f), remove sand from a seafloor protection area: despite section 18(2)(c), remove sand, shingle, shell, or other natural material from a high protection area.
(b) (2) A person who removes sand, shingle, shell, or other natural material from a seafloor protection area or high protection area— (a) may remove only a small quantity of the material; and (b) may do so only for non-commercial purposes; and 10 15 (c) must not use a method of collection that involves the use of machinery or cutting equipment.

(3) For the purposes of this section, a small quantity is no more than a person can carry on their person, in a single trip, in 1 day.
20 21 Other activities to which prohibitions do not apply The prohibitions in sections 14, 15, and 18 do not apply to— (a) any activity for which resource consent has been granted under the Resource Management Act 1991 at the time this Act commences, until the expiration of that consent: 25 (b) (c) (d) (e) (f) (g) (h) any action taken under the Biosecurity Act 1993: any activity carried out under the Resource Management (Marine Pollu‐ tion) Regulations 1998: the discharge of stormwater, if that discharge is a permitted activity for the purposes of the Resource Management Act 1991: 30 any work or activity of the Crown that the Minister of Defence certifies is necessary for reasons of national security: training activities undertaken by the New Zealand Defence Force: any activity permitted under any Act administered by the Department of Conservation: 35 any action necessary in an emergency relating to human safety or the protection of the environment: 11 Part 2 cl 22 Hauraki Gulf / Tīkapa Moana Marine Protection Bill (i) (j) any other action taken in response to marine oil spills or other pollution: transit shipping that complies with the London Convention.
Subpart 3—Official geographic names 22 Interpretation In this subpart,— Board has the meaning given in section 4 of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008 official geographic name has the meaning given in section 4 of the New Zea‐ land Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.
23 Official geographic names The names given to each of the following are official geographic names for the purpose of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008: (a) marine reserves declared by section 10 and listed in Schedule 2: (b) seafloor protection areas declared by section 13 and listed in Sched- ule 3: high protection areas declared by section 17 and listed in Schedule 4.
(c) Publication of official geographic names The Board must, as soon as practicable after commencement of this Act, give public notice, in accordance with section 21(2) and (3) of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008, of each official geographic name specified under section 23.

The notice must state that each official geographic name became an official geographic name on the date on which this Act commenced.
Subsequent alteration of official geographic names In making a determination to alter the official geographic name established by this Act, the Board— (a) must consult the Director-General; and (b) if the name is a Māori name,— (i) must consult whānau, hapū, and iwi that exercise kaitiakitanga in the relevant area; and 30 (ii) must ensure that the names use standardised orthography; but (c) need not comply with sections 27 to 31A of the New Zealand Geo‐ graphic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.
24 (1) (2) 25 (1) 12 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Part 3 cl 27 (2) To avoid doubt, the Board must give public notice of a determination made under subsection (1) in accordance with section 21(2) and (3) of the New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008.
Part 3 Permits, enforcement, and regulations for protected areas 26 (1) Interpretation of this Part In this Part, unless the context otherwise requires,— effect includes— (a) (b) (c) (d) any positive or adverse effect; and any temporary or permanent effect; and any past, present, or future effect; and any cumulative effect that arises over time or in combination with other effects protected area means a seafloor protection area or a high protection area (2) The definition of effect— (a) applies regardless of the scale, intensity, duration, or frequency of the effect; and (b) also includes— 5 10 15 (i) (ii) any potential effect of high probability; and any potential effect of low probability that has a high potential impact.
20 Subpart 1—Permits 27 Application for permits (1) A person may apply to the Director-General for a permit authorising the person to undertake a prohibited activity within a protected area.

(2) An application for a permit must be made in a form approved by the Director- General and include— (a) (b) (c) the applicant’s name and contact details; and a description of the proposed activity; and the anticipated effects of the proposed activity.
25 30 (3) The Director-General may reject an application for a permit on the basis that inadequate information has been provided.
13 Part 3 cl 28 Hauraki Gulf / Tīkapa Moana Marine Protection Bill 28 Director-General may seek further information (1) When considering an application for a permit made under section 27, the Director-General may do all or any of the following: (a) (b) (c) (d) request further information from the applicant: consult any person or group that the Director-General considers appro‐ priate: 5 commission any report that the Director-General considers appropriate: require the applicant to provide any report that the Director-General con‐ siders appropriate.
(2) The applicant must pay the costs associated with the Director-General’s inqui‐ ries under this section in the manner provided in the regulations.
10 29 Matters to be considered by Director-General Before making a decision on an application for a permit, the Director-General must consider— (a) (b) (c) the anticipated effects of the activity on the protected area and its biodi‐ versity objectives; and 15 the anticipated effects of the activity on the rights and interests of whānau, hapū, and iwi that exercise kaitiakitanga in the protected area; and if the anticipated effects of the activity are negative, reasons why the activity— 20 (i) (ii) is necessary; and can only occur within the protected area; and (d) any measures that can be undertaken to avoid, remedy, or mitigate any adverse effects of the activity.
25 30 Decision of Director-General (1) After considering an application for a permit and any further information, the Director-General may— (a) grant the permit, if satisfied that— (i) (ii) the activity is consistent with the purpose of the protected area and any biodiversity objectives for the protected area; and 30 the permit holder will take reasonable steps to avoid, remedy, or mitigate any adverse effects of the activity on the rights and inter‐ ests of whānau, hapū, and iwi that exercise kaitiakitanga in the protected area; or 35 (b) grant the permit, if satisfied that— (i) the activity is necessary; and 14 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Part 3 cl 31 (ii) (iii) the activity can only occur within the protected area; and the permit holder will take reasonable steps to avoid, remedy, or mitigate any adverse impacts of the activity on the rights and interests of whānau, hapū, and iwi that exercise kaitiakitanga in the protected area; or (c) decline the application, in the Director-General’s discretion.
(2) When granting a permit under subsection (1)(a) or (b), the Director- General— (a) may impose any conditions on the permit that the Director-General con‐ siders appropriate (including any condition that gives effect to the permit holder’s obligations under subsection (1)(a)(ii) or (b)(iii)); and (b) must provide for the expiry date of the permit.
(3) The Director-General must— (a) notify the following persons of the decision and the reasons for it: (i) the applicant: (ii) whānau, hapū, and iwi that exercise kaitiakitanga in the protected area and that have engaged with the application; and (b) publicly notify the decision on an Internet site maintained by or on behalf of the Department of Conservation.
31 (1) Amendment to permit conditions The Director-General may amend the conditions of a permit— (a) (b) (c) (d) (e) in accordance with any condition in the permit; or to correct a minor or technical error; or with the permit holder’s agreement; or on 1 or more of the grounds specified in section 32; or in accordance with an application by the permit holder under subsec- tion (2).

5 10 15 20 25 (2) The permit holder may apply to the Director-General for any conditions of the permit to be amended.
(3) An application must be accompanied by any information required by the 30 Director-General to assess the application.

(4) After making any amendment to the conditions of a permit, the Director- General must— (a) (b) notify the permit holder within a reasonable time; and allow the permit holder a reasonable opportunity to comply with any amended conditions.
35 15 Part 3 cl 32 Hauraki Gulf / Tīkapa Moana Marine Protection Bill 32 Revocation of permit or amendment to permit conditions due to adverse effects and other grounds The Director-General may, at any time, revoke a permit granted under section 30, or amend any condition of the permit, if the Director-General considers that the activity— 5 (a) (b) (c) is causing adverse effects to the protected area that are greater than those anticipated at the time the permit was granted; or is inconsistent with the biodiversity objectives for the protected area in a manner that was not anticipated at the time the permit was granted; or is inconsistent with the rights and interests of whānau, hapū, and iwi that exercise kaitiakitanga in the protected area in a manner that was not anticipated at the time the permit was granted.
33 (1) Appeal to High Court on question of law The following persons may appeal to the High Court against the decisions of the Director-General specified in subsection (2): (a) the applicant: (b) (c) the permit holder: whānau, hapū, and iwi that exercise kaitiakitanga in the protected area.
(2) The decisions that may be appealed against are— (a) (b) (c) (d) the decision to grant or decline an application for a permit: the decision to impose any conditions on the granting of a permit: the decision to make any amendment to the conditions of a permit: the decision to grant or decline an application to amend permit condi‐ tions: (e) the decision to revoke a permit.

(3) An appeal brought under this section may be only on a question of law.
10 15 20 25 34 Permit may be transferred A permit may be transferred to another person if— (a) the permit holder applies to the Director-General for the permit to be transferred; and 30 (b) the Director-General agrees to the transfer.
16 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Part 3 cl 37 Subpart 2—Monitoring and enforcement Appointment and powers of rangers 35 Rangers appointed under other enactments The following persons are to be treated as if they were appointed by the Director-General to exercise the powers and duties of a ranger under this Act: 5 (a) (b) (c) a person appointed as a warranted officer under section 59(1) or (9) of the Conservation Act 1987: a person appointed as a fishery officer under section 196 or 197 of the Fisheries Act 1996: every officer in command of any vessel or aircraft of the New Zealand Defence Force: 10 (d) every constable.
Appointment of honorary rangers The Director-General may appoint any suitable person to be a ranger in an hon‐ orary capacity to exercise the duties of a ranger under this Act.

15 36 (1) (2) The Director-General must supply each ranger with a warrant that— (a) (b) states the full name of the person; and includes a summary of the powers conferred on the person under this Act.

(3) A ranger exercising a power under this Act must have their warrant with them 20 and must produce it if required to do so.
(4) A ranger— (a) is appointed for a term specified by the Director-General (not exceeding 3 years), and may be reappointed; and (b) may be removed from office at any time by the Director-General for 25 incapacity, neglect of duty, or misconduct.

(5) A ranger must surrender their warrant to the Director-General on the termin‐ ation of their appointment.
(6) A person appointed as a ranger under this section is not, by virtue of the appointment, deemed to be employed for the purposes of the Public Service Act 2020.
30 37 General powers of rangers (1) A ranger who believes on reasonable grounds that a person is committing, has committed, or is about to commit, an offence against this Act may— (a) order the person to refrain from or stop offending; and 35 17 Part 3 cl 38 Hauraki Gulf / Tīkapa Moana Marine Protection Bill (b) require the person to provide their full name, date of birth, address, and email address and evidence of those particulars.
(2) For the purposes of exercising their powers under this Act, a ranger may, with‐ out warrant, pursue and stop a person if the ranger believes on reasonable grounds that the person is committing or has committed an offence against this Act.

38 Power to question persons and require production of documents (1) A ranger may exercise the powers in this section for the purposes of monitor‐ ing compliance with any requirements imposed under this Act, including any permit conditions.
(2) A ranger may require any person— (a) (b) (c) to stop, or to stop any vessel, vehicle, or other conveyance in their con‐ trol; and to answer any question reasonably necessary to enable the ranger to establish whether the person is complying with this Act, any regulations made under this Act, or any conditions of a permit; and to produce any permit, consent, authority, licence, or document issued under this Act or any other Act, and related to the person or vessel.
5 10 15 (3) (4) The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub‐ part 3) apply to the exercise of powers under this section.

20 Section 60 of the Evidence Act 2006 applies in relation to a requirement under subsection (2)(b) and (c).

39 Powers of entry, search, and seizure (1) A ranger may exercise the powers in this section if the ranger believes, on reasonable grounds, that a person is committing, or has committed, an offence under this Act.
25 (2) The ranger may, in the presence of the person,— (a) (b) stop, enter, and search any vehicle, vessel, aircraft, or structure in the control of the person; and open and search any parcel, package, container, or luggage in the control of the person.
30 (3) The ranger may seize any item, document, or thing (including a vessel or vehicle) that the ranger believes, on reasonable grounds,— (a) is being or has been used in the commission of an offence under this Act; or 35 (b) is evidence of the commission of an offence under this Act.

(4) The provisions of Part 4 of the Search and Surveillance Act 2012 (except sub‐ part 3) apply to the exercise of powers under this section.
18 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Part 3 cl 41 40 (1) Powers to seize and release or dispose of fish, aquatic life, seaweed, or natural material This section applies if a ranger exercising their powers under this Act finds or sights any fish, aquatic life, seaweed, or natural material that the ranger believes on reasonable grounds was removed from a protected area in contra‐ vention of this Act.
5 (2) The ranger may seize— (a) (b) the fish, aquatic life, seaweed, or natural material; and any fish, aquatic life, seaweed, or natural material with which the fish, aquatic life, seaweed, or natural material has been intermixed.

10 (3) Any fish, aquatic life, or seaweed seized by a ranger that is alive and likely to survive must be returned— (a) (b) to the protected area; or to any part of the sea, if it is not practicable to return the fish, aquatic life, or seaweed to the protected area.
15 (4) Any fish, aquatic life, or seaweed seized by a ranger that is dead or unlikely to survive, and any natural material, may be— (a) (b) disposed of in the manner and for the price determined by the Director- General in the specific instance; or retained for the purpose of evidence in any prosecution under this Act or any other Act; or 20 (c) retained or disposed of in accordance with the regulations.
(5) A ranger exercising the powers in this section has no civil or criminal liability to any person claiming ownership or possession of the fish, aquatic life, sea‐ weed, or natural material seized, regardless of whether that person is charged with or acquitted of an offence against this Act or any other Act.
Offences 41 Offence to undertake prohibited activity within protected area (1) A person commits an offence if the person undertakes a prohibited activity within a seafloor protection area contrary to section 14 or 15.

(2) A person commits an offence if the person undertakes a prohibited activity within a high protection area contrary to section 18.

(3) A person who commits an offence referred to in subsection (1) or (2) is liable on conviction to a fine not exceeding $100,000.
25 30 (4) A person who commits an offence referred to in subsection (1) or (2) for a 35 commercial purpose is liable on conviction to a fine not exceeding $200,000.
(5) For the purposes of this section, a court may find that a person has a commer‐ cial purpose if the court is satisfied beyond reasonable doubt that— 19 Part 3 cl 42 Hauraki Gulf / Tīkapa Moana Marine Protection Bill (a) (b) the offence was committed for the purpose of commercial gain or reward (whether or not any gain or reward is realised); or in the case of a prohibited activity that involves fishing, the person is in possession of a number of fish that exceeds by at least 3 times the ama‐ teur individual daily limit.
5 42 Offence to undertake prohibited activity within protected area knowing activity is prohibited (1) A person commits an offence if the person— (a) (b) undertakes a prohibited activity within a seafloor protection area con‐ trary to section 14 or 15; and knows that the activity is prohibited.

(2) A person commits an offence if the person— (a) (b) undertakes a prohibited activity within a high protection area contrary to section 18; and knows that the activity is prohibited.
(3) A person who commits an offence referred to in subsection (1) or (2) is liable on conviction to a term of imprisonment not exceeding 3 months, or to a fine not exceeding $250,000, or both.

43 Other offences (1) A person commits an offence if the person is in possession of, or disposes of, any fish, aquatic life, seaweed, or natural material that the person knows was removed from a protected area in contravention of section 14, 15, or 18.
(2) A person commits an offence if the person, knowingly and without reasonable excuse,— (a) (b) (c) fails to comply with an order or a requirement of a ranger issued under section 37, 38, or 39; or refuses to provide a ranger with information requested under section 38; or pretends to be a ranger, by their words, conduct, or demeanour, in cir‐ cumstances likely to lead another person to believe that the person is a ranger; or (d) obstructs or threatens a ranger acting in the course of duty.
(3) A person who commits an offence referred to in subsection (1) or (2) is liable on conviction to a term of imprisonment not exceeding 3 months, or to a fine not exceeding $100,000, or both.

10 15 20 25 30 35 Prosecution and defence for strict liability offences In a prosecution for an offence against section 41, it is not necessary to prove that the defendant intended to commit the offence.
44 (1) 20 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Part 3 cl 47 (2) The defendant has a defence if the defendant proves— (a) (b) that the defendant did not intend to commit the offence; and that,— (i) (ii) in any case where it is alleged that anything required to be done was not done, the defendant took all reasonable steps to ensure that it was done; or 5 in any case where it is alleged that anything prohibited was done, the defendant took all reasonable steps to ensure that it was not done.
45 (1) Liability of director or manager of body corporate 10 This section applies when a body corporate is convicted of an offence against this Act.
(2) A director or manager of the body corporate is also guilty of the offence if it is proved that the director or manager— (a) (b) authorised, permitted, consented to, or participated in the act or omission that constituted the offence; or 15 knew, or could reasonably be expected to have known, that the offence was to be or was being committed and failed to take all reasonable steps to prevent or stop it.
46 Time for filing charging document Despite section 25 of the Criminal Procedure Act 2011, no charging document may be filed in respect of an offence under this Act after the date that is 12 months after the date on which the offence was committed.
Infringement offences 47 Infringement offences (1) A person must not— (a) (b) (c) undertake a prohibited activity within a seafloor protection area contrary to section 14 or 15; or undertake a prohibited activity within a high protection area contrary to section 18; or use, dispose of, or be in possession of, any fish, aquatic life, seaweed, or natural material that has been removed from a protected area in contra‐ vention of section 14, 15, or 18.
(2) A person who contravenes subsection (1) commits an infringement offence and is liable to— (a) an infringement fee of the amount prescribed in the regulations; or 20 25 30 35 21 Part 3 cl 48 Hauraki Gulf / Tīkapa Moana Marine Protection Bill (b) a fine imposed by a court not exceeding the amount prescribed in the regulations.
48 Relationship between infringement offences and other offences (1) A person who is charged with, prosecuted for, or convicted of an offence against any of sections 41 to 43 must not also be proceeded against for an infringement offence under section 47 in respect of the same conduct.

(2) A person who is proceeded against under section 47 for an infringement offence must not also be charged with or prosecuted for an offence against any of sections 41 to 43 in respect of the same conduct.
49 Proceedings for infringement offences (1) A person who is alleged to have committed an infringement offence may— (a) be proceeded against by the filing of a charging document under section 14 of the Criminal Procedure Act 2011; or (b) be issued with an infringement notice under section 51.

(2) (3) Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or Registrar under section 21(1)(a) of the Summary Proceedings Act 1957.
See section 21 of the Summary Proceedings Act 1957 for the procedure that applies if an infringement notice is issued.

50 Who may issue infringement notices The Director-General may, in writing, authorise a ranger to issue infringement notices under this Act.
5 10 15 20 51 When infringement notice may be issued A ranger authorised under section 50 may issue an infringement notice to a person if the ranger believes on reasonable grounds that the person is commit‐ ting, or has committed, an infringement offence.
25 Revocation of infringement notice before payment made The ranger may revoke an infringement notice before— (a) (b) the infringement fee is paid; or an order for payment of a fine is made or deemed to be made by a court under section 21 of the Summary Proceedings Act 1957.

30 The ranger must take reasonable steps to ensure that the person to whom the notice was issued is made aware of the revocation of the notice.
The revocation of an infringement notice before the infringement fee is paid is not a bar to any further action as described in section 49(1)(a) or (b) against the person to whom the notice was issued in respect of the same matter.
35 52 (1) (2) (3) 22 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Part 3 cl 57 53 What infringement notice must contain An infringement notice must be in the form prescribed in the regulations and must contain the following particulars: (a) (b) (c) (d) (e) (f) (g) (h) details of the alleged infringement offence that fairly inform a person of the time, place, and nature of the alleged offence: 5 the amount of the infringement fee: the address of the place where the infringement fee may be paid: how the infringement fee may be paid: the time within which the infringement fee must be paid: a summary of the provisions of section 21(10) of the Summary Proceed‐ ings Act 1957: 10 a statement that the person served with the notice has a right to request a hearing: a statement of what will happen if the person served with the notice nei‐ ther pays the infringement fee nor requests a hearing: 15 (i) any other matters prescribed in the regulations.
54 How infringement notice may be served (1) An infringement notice (or a copy of it) may be served on the person who the ranger believes is committing or has committed the infringement offence by— (a) (b) delivering it to the person; or sending it to the person by prepaid post addressed to the person’s last known place of residence or place of business.
(2) An infringement notice (or a copy of it) sent by post to a person under subsec- tion (1)(b) is to be treated as having been served on the person when it was posted.

20 25 55 Payment of infringement fees All infringement fees paid for infringement offences must be paid into a Crown Bank Account.

56 Reminder notices A reminder notice must be in the form prescribed in the regulations and must include the same particulars, or substantially the same particulars, as the infringement notice.
30 Disposal of seized property Disposal of seized property Before disposing of any property seized under this Act (other than fish, aquatic life, seaweed, or natural material released or disposed of under section 40), 35 57 (1) 23 Part 3 cl 58 Hauraki Gulf / Tīkapa Moana Marine Protection Bill the Director-General must give the owner of the property, if known, notice of the Crown’s intention to dispose of the property.
(2) If the owner has not lodged an appeal against the disposal within 90 days after the date on which the notice is given, the Director-General may dispose of the property.
5 (3) However, if the property is perishable,— (a) (b) the Director-General may dispose of the property at any time after giving notice; but the Director-General must hold the proceeds (if any) of the disposal until the later of— 10 (i) (ii) 90 days after the date on which the notice is given; and the date on which an appeal against the disposal, lodged within 90 days after the date on which the notice is given, is resolved.
58 (1) Forfeiture Forfeiture of property on conviction If a person is convicted of an offence against this Act, the following may be forfeited to the Crown by order of the court: (a) (b) (c) any property used in the commission of the offence, including any ves‐ sel, vehicle, or other conveyance: any fish, aquatic life, seaweed, or natural material retained under sec- tion 40(4) to which the offence related: any proceeds from the sale of any fish, aquatic life, seaweed, or natural material retained or disposed of by the Director-General under section 40(4) to which the offence related.
(2) A person must not be discharged without conviction for an offence against this Act unless the court considers that, in the circumstances of the offending, it would be unjust to make an order of forfeiture under subsection (1).

Items that are forfeited to the Crown under subsection (1)— (a) are forfeited to the Crown absolutely and without encumbrance; and (3) (b) may be disposed of as the Director-General thinks fit.
Forfeiture for infringement offence If an infringement notice is issued to a person for an infringement offence, any fish, aquatic life, seaweed, or natural material in respect of which the infringe‐ ment offence is committed, and any proceeds from the sale of any fish, aquatic life, seaweed or natural material under section 40, is forfeited to the Crown when the earliest of the following occurs: (a) the infringement fee for the offence is paid: 59 (1) 24 15 20 25 30 35 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Part 3 cl 61 (b) (c) (d) a copy of a reminder notice for the infringement offence is filed, or a reminder notice is deemed to have been filed, in a court under section 21 of the Summary Proceedings Act 1957 before the close of the date that is 6 months after the date on which the offence is alleged to have been committed: 5 the Director-General and the person enter into an arrangement under sec‐ tion 21(3A) of the Summary Proceedings Act 1957 allowing the person to pay the relevant infringement fee by instalments: the person is found guilty of, or pleads guilty of, the infringement offence.
10 (2) A court may order that any property used in respect of the commission of an infringement offence (including, without limitation, a vessel or vehicle) be for‐ feited to the Crown if— (a) proceedings for an infringement offence are commenced by the filing of a charging document under section 14 of the Criminal Procedure Act 2011; and (b) a person is found guilty of, or pleads guilty of, the infringement offence.
(3) Items that are forfeited to the Crown under this section— (a) are forfeited to the Crown absolutely and without encumbrance; and (b) may be disposed of as the Director-General thinks fit.
60 Interpretation of provisions relating to forfeited property In sections 61 to 64, unless the context otherwise requires,— forfeited property means anything forfeited to the Crown under section 58 or 59 interest means a legal or an equitable interest in that forfeited property that existed at the time of the forfeiture, but does not include an interest (including ownership) in a foreign vessel or foreign-owned New Zealand fishing vessel or foreign-operated fish carrier.
15 20 25 61 Application for relief (1) Within 10 working days after the date of any forfeiture under section 58 or 30 59, the Director-General must publicly notify— (a) the details of the forfeited property; and (b) the rights of persons to apply under this section.

(2) A person claiming an interest in any forfeited property may, within 35 working days after the date of the forfeiture, apply to the District Court for relief from 35 the effect of forfeiture on that interest.
(3) An application under subsection (2) must include— 25 Part 3 cl 62 Hauraki Gulf / Tīkapa Moana Marine Protection Bill (a) a description of the forfeited property in which the interest is claimed; and (b) details of the interest claimed, including whether it is— (i) (ii) legal or equitable; or by way of security, including details of the security arrangement; or 5 (iii) noted on any register; and (c) an estimate of the value of the forfeited property and the claimed interest in it.
62 Matters to be considered and determined by court (1) (2) The court must hear all applications in respect of the same property together, unless it considers that it would not be in the interests of justice to do so.

Before making a decision in respect of an application made under section 61, the court must— (a) (b) determine the matters set out in subsection (3); and have regard to the matters set out in subsection (4).
(3) The court must determine— 10 15 (a) (b) the value of the forfeited property, which is the amount that the property would realise if sold at public auction in New Zealand; and the nature, extent, and if possible the value of the applicant’s interest in the property; and 20 (c) the cost to the Department of Conservation of— (i) (ii) (iii) the prosecution of the offence or the pursuance of the infringe‐ ment offence which resulted in the forfeiture; and the seizure and holding, and anticipated cost of disposal, of the forfeited property; and 25 any court proceedings in respect of the seizure, holding, and dis‐ posal.
(4) The court must have regard to— (a) (b) the purpose of this Act; and 30 the effect of the offence from which the forfeiture arose on— (i) (ii) the seafloor protection area or high protection area; and the people who use the seafloor protection area or high protection area; and (c) the type of offending from which the forfeiture arose, including— 35 (i) the prevalence of the offending; and 26 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Part 3 cl 63 (ii) (iii) the effect of the type of offending on the seafloor protection area or high protection area; and the effect of the type of offending on the people who use the sea‐ floor protection area or high protection area; and any history of offending of the persons from whose convictions (if any) the forfeiture arose; and 5 the social and economic effects on the owner of the forfeited property, and their employees, of non-release of the forfeited property; and any economic benefits, actual or potential, to the owner of the forfeited property through the commission of the offence; and 10 the costs determined under subsection (3)(c); and any other matters the court considers relevant.
(d) (e) (f) (g) (h) 63 Decision of court on application (1) The court may make an order or orders providing relief (in whole or in part) from the effect of forfeiture on any of the interests determined under section 62(3).
(2) However,— (a) (b) the court may make an order under subsection (1) only if it is neces‐ sary to avoid manifest injustice; and if the owner of the forfeited property is the person who committed the offence in respect of which the property was forfeited, any order made under subsection (1) must not, together with any other order made under subsection (1) with respect to the same property, allow less than 40% of the forfeited property’s value to remain forfeited to the Crown.
(3) Subsection (2)(b) does not prevent the return of up to 100% of the value of any forfeited property to any owner of property other than the person who committed the offence in respect of which the property was forfeited.
(4) An order made under subsection (1) may, without limiting that subsection, order 1 or more of the following: 15 20 25 30 (a) (b) (c) (d) the retention of the forfeited property by the Crown: the return of some or all of the forfeited property to the owner at the time of forfeiture, with or without the prior payment to the Crown of a sum of money: the sale of some or all of the forfeited property, with directions as to the manner of sale and dispersal of proceeds: 35 the delivery of some or all of the forfeited property to a person with an interest in the property, with or without directions as to payment of a sum of money to specified persons (including the Crown) before that delivery: 27 Part 3 cl 64 Hauraki Gulf / Tīkapa Moana Marine Protection Bill (e) the reinstatement (despite the forfeiture) of any interest that was forfei‐ ted or cancelled as a result of a forfeiture.
64 (1) (2) Other matters relating to forfeiture Sections 61 to 63 do not require the Crown to pay, or secure the payment of, any sum of money to any person claiming an interest in forfeited property, other than the net proceeds of sale of forfeited property under a court order made under section 63.
For the purpose of assisting the court in determining any application for relief, the Director-General and any employee or agent of the Department of Conser‐ vation are entitled to appear before the court and be heard.

5 10 (3) Any forfeiture under section 58 or 59, or any payment of a sum of money or delivery of property under section 63(1) to persons claiming an interest, must be in addition to, and not in substitution for, any other penalty that may be imposed by the court or by this Act.
Subpart 3—Regulations, review, and consequential amendments 15 Regulations General regulations The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes: (a) (b) (c) (d) providing for anything this Act says may or must be provided for by regulations: 20 providing for the marking of boundaries of seafloor protection areas and high protection areas: providing for the management of seafloor protection areas and high pro‐ tection areas: 25 providing for the setting of biodiversity objectives for seafloor protec‐ tion areas: (e) prescribing penalties for infringement offences under this Act, which,— (i) (ii) in the case of infringement fees, must not be more than $1,000; and 30 in the case of maximum fines, must not be more than twice the amount of the infringement fee for the offence: (f) (g) prescribing offences for a breach of the regulations and maximum fines for those offences not exceeding $2,500: prescribing infringement offences for a breach of the regulations and prescribing for those offences— 35 (i) infringement fees, which must not be more than $1,000; and 65 (1) 28 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Part 3 cl 67 (2) 66 (1) (ii) maximum fines, which must not be more than twice the amount of the infringement fee for the offence: (h) providing for anything that is incidental to this Act or necessary for giv‐ ing it full effect.
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
5 Regulations for biodiversity objectives and associated restrictions for high protection areas The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that provide for— 10 (a) (b) the setting of biodiversity objectives for high protection areas; and the regulation of activities occurring within high protection areas (including the regulation of customary fishing) as necessary to give effect to the biodiversity objectives.
(2) The Minister must not make a recommendation under subsection (1) unless the Minister— 15 (a) has consulted the Minister responsible for the administration of the Fish‐ eries Act 1996; and (b) is satisfied that the proposals for regulations— (i) (ii) (iii) were developed collaboratively with whānau, hapū, and iwi that exercise kaitiakitanga in the high protection area; and 20 are based on the best available information, including mātauranga Māori; and if the proposals relate to the regulation of customary fishing, impose any restrictions on customary fishing only to the minimum 25 extent necessary to give effect to the biodiversity objectives.
(3) Regulations made under this section may provide for all or any of the follow‐ ing: (a) (b) (c) (d) restrictions relating to when activities may occur: restrictions relating to how activities may occur: 30 reporting requirements relating to activities: any other restrictions or requirements that the Minister considers neces‐ sary to give effect to the biodiversity objectives.
Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
35 Regulations for additional management actions in high protection areas The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations that provide for additional management (4) 67 (1) 29 Part 3 cl 68 Hauraki Gulf / Tīkapa Moana Marine Protection Bill actions in relation to activities that occur within high protection areas (includ‐ ing customary fishing).
(2) Before making a recommendation under subsection (1), the Minister must be satisfied that— (a) (b) (c) biodiversity objectives and associated restrictions have been established by regulations made under section 66 in relation to the high protection area; and 5 there is evidence that the restrictions are not sufficient to achieve the biodiversity objectives; and the additional management actions are necessary to achieve the biodiver‐ sity objectives.
10 (3) The Minister must not make a recommendation under subsection (1) unless the Minister is satisfied that the following persons have been consulted on the additional management actions: (a) (b) the Minister responsible for the administration of the Fisheries Act 1996: 15 the whānau, hapū, and iwi that exercise kaitiakitanga in the high protec‐ tion area.

(4) Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).
Review 68 Ministerial review (1) The Minister and the Minister responsible for the administration of the Fisher‐ ies Act 1996 must review the operation, effectiveness, and management of each of the following that are in place at the time of the review: (a) (b) the seafloor protection areas declared under section 13: the high protection areas declared under section 17.
(2) A review must be initiated— (a) (b) (c) before the expiry of 25 years after the commencement of this Act; and every 25 years after that; and at any other time that the Ministers consider appropriate.
The Ministers must ensure that, as part of the review, there is reasonable oppor‐ tunity for interested persons (including whānau, hapū, and iwi that exercise kaitiakitanga in any protected area subject to the review) to make submissions on the operation, effectiveness, and management of the seafloor protection areas and high protection areas specified in subsection (1).
The Ministers must— (a) prepare a report on the review; and (3) (4) 30 20 25 30 35 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Part 3 cl 69 (b) present the report to the House of Representatives.

Consequential amendments 69 Consequential amendments Amend the legislation specified in Schedule 5 as set out in that schedule.
31 Schedule 1 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Schedule 1 Transitional, savings, and related provisions Part 1 Provisions relating to this Act as enacted There are no transitional, savings, or related provisions in this Act as enacted.
s 6 5 32 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Schedule 2 Schedule 2 Marine reserves Cape Rodney-Okakari Point Extension Marine Reserve s 10 Name of marine reserve Cape Rodney-Okakari Point Extension Marine Reserve Description of marine reserve The area marked on the indicative map, where— (a) (b) (c) A is the point at 36°14.278′S and 174°49.344′E; and B is the point at 36°16.021′S and 174°49.297′E; and C is the point at 36°16.025′S and 174°48.975′E; and (d) D is the point at 36°15.841′S and 174°48.546′E; and (e) (f) E is the point at 36°15.406′S and 174°48.046′E; and F is the point at 36°15.742′S and 174°47.231′E; and (g) G is the point at 36°15.712′S and 174°47.068′E; and (h) H is the point at 36°15.277′S and 174°46.393′E; and (i) (j) I is the point at 36°15.199′S and 174°46.019′E; and J is the point at 36°13.589′S and 174°46.038′E.
5 10 15 33 Schedule 2 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Indicative map For reference, Cape Rodney-Okakari Point Extension Marine Reserve is indicated on the map, but the description overrides the map if they conflict.
Whanganui A Hei (Cathedral Cove) Extension Marine Reserve Name of marine reserve Whanganui A Hei (Cathedral Cove) Extension Marine Reserve Description of marine reserve The area marked on the indicative map, where— (a) (b) (c) A is the point at 36°48.280′S and 175°50.318′E; and B is the point at 36°49.491′S and 175°49.579′E; and C is the point at 36°48.174′S and 175°46.229′E; and (d) D is the point at 36°48.055′S and 175°46.269′E; and 34 5 10 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Schedule 2 (e) (f) E is the point at 36°47.976′S and 175°46.298′E; and F is the point at 36°46.968′S and 175°46.910′E; and (g) G is the point at 36°49.620′S and 175°49.231′E; and (h) H is the point at 36°49.982′S and 175°48.964′E; and (i) I is the point at 36°50.096′S and 175°48.084′E.
5 Indicative map For reference, Whanganui A Hei (Cathedral Cove) Extension Marine Reserve is indi‐ cated on the map, but the description overrides the map if they conflict.
35 Schedule 3 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Schedule 3 Seafloor protection areas Craddock Channel Seafloor Protection Area Name of seafloor protection area Craddock Channel Seafloor Protection Area Description of seafloor protection area The area marked on the indicative map, where— (a) (b) (c) A is the point at 36°10.804′S and 175°16.735′E; and B is the point at 36°16.564′S and 175°16.902′E; and C is the point at 36°16.739′S and 175°07.388′E; and (d) D is the point at 36°10.990′S and 175°07.217′E.
s 13 5 10 36 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Schedule 3 Indicative map For reference, Craddock Channel Seafloor Protection Area is indicated on the map, but the description overrides the map if they conflict.
Cape Colville Seafloor Protection Area Name of seafloor protection area Cape Colville Seafloor Protection Area Description of seafloor protection area The area marked on the indicative map, where— (a) (b) (c) A is the point at 36°24.536′S and 175°24.176′E; and B is the point at 36°28.260′S and 175°24.301′E; and C is the point at 36°29.056′S and 175°20.377′E; and (d) D is the point at 36°25.369′S and 175°20.374′E; and 5 10 37 Schedule 3 Hauraki Gulf / Tīkapa Moana Marine Protection Bill (e) (f) E is the point at 36°28.234′S and 175°15.906′E; and F is the point at 36°24.672′S and 175°15.825′E.
Indicative map For reference, the Cape Colville Seafloor Protection Area is indicated on the map, but the description overrides the map if they conflict.
5 Mokohīnau Islands Seafloor Protection Area Name of seafloor protection area Mokohīnau Islands Seafloor Protection Area Description of seafloor protection area The area marked on the indicative map, where— (a) A is the point at 35°45.488′S and 175°12.432′E; and 10 38 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Schedule 3 (b) (c) B is the point at 36°01.594′S and 175°12.800′E; and C is the point at 36°01.743′S and 175°04.512′E; and (d) D is the point at 36°01.799′S and 175°01.231′E; and (e) (f) E is the point at 35°55.710′S and 175°01.790′E; and F is the point at 35°57.643′S and 175°06.835′E; and (g) G is the point at 35°51.453′S and 175°10.296′E; and (h) H is the point at 35°49.469′S and 175°03.781′E; and (i) I is the point at 35°45.611′S and 175°05.567′E.
Indicative map 5 For reference, the Mokohīnau Islands Seafloor Protection Area is indicated on the map, but the description overrides the map if they conflict.
10 39 Schedule 3 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Kawau Bay Seafloor Protection Area Name of seafloor protection area Kawau Bay Seafloor Protection Area Description of seafloor protection area The area marked on the indicative map, where— (a) (b) (c) A is the point at 36°21.941′S and 174°56.561′E; and B is the point at 36°24.091′S and 174°56.712′E; and C is the point at 36°28.191′S and 174°56.712′E; and (d) D is the point at 36°29.114′S and 174°56.712′E; and (e) (f) E is the point at 36°29.216′S and 174°50.197′E; and F is the point at 36°26.983′S and 174°50.144′E; and (g) G is the point at 36°25.688′S and 174°48.950′E; and (h) H is the point at 36°25.681′S and 174°48.942′E; and (i) (j) I is the point at 36°25.301′S and 174°47.742′E; and J is the point at 36°26.363′S and 174°45.672′E; and (k) K is the point at 36°22.013′S and 174°51.977′E; and (l) L is the point at 36°22.000′S and 174°52.086′E.
5 10 15 40 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Schedule 3 Indicative map For reference, the Kawau Bay Seafloor Protection Area is indicated on the map, but the description overrides the map if they conflict.
Tiritiri Matangi Seafloor Protection Area Name of seafloor protection area Tiritiri Matangi Seafloor Protection Area Description of seafloor protection area The area marked on the indicative map, where— (a) (b) A is the point at 36°37.829′S and 174°52.131′E; and B is the point at 36°35.907′S and 174°52.085′E; and 5 10 41 Schedule 3 Hauraki Gulf / Tīkapa Moana Marine Protection Bill (c) C is the point at 36°35.900′S and 174°52.803′E; and (d) D is the point at 36°36.406′S and 174°53.952′E; and (e) (f) E is the point at 36°36.392′S and 174°54.819′E; and F is the point at 36°36.981′S and 174°54.834′E; and (g) G is the point at 36°36.391′S and 174°56.712′E; and (h) H is the point at 36°34.250′S and 174°56.712′E; and (i) (j) I is the point at 36°34.379′S and 174°48.628′E; and J is the point at 36°36.103′S and 174°48.665′E; and (k) K is the point at 36°37.138′S and 174°49.720′E; and (l) L is the point at 36°38.583′S and 174°49.731′E.
5 10 42 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Schedule 3 Indicative map For reference, the Tiritiri Matangi Seafloor Protection Area is indicated on the map, but the description overrides the map if they conflict.
43 Schedule 4 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Schedule 4 High protection areas Te Hauturu-o-Toi / Little Barrier Island High Protection Area Name of high protection area Te Hauturu-o-Toi / Little Barrier Island High Protection Area Description of high protection area The area marked on the indicative map, where— (a) (b) (c) A is the point at 36°03.924′S and 175°10.541′E; and B is the point at 36°10.915′S and 175°10.718′E; and C is the point at 36°10.998′S and 175°06.819′E; and (d) D is the point at 36°11.076′S and 175°03.059′E; and (e) (f) E is the point at 36°11.130′S and 175°00.375′E; and F is the point at 36°04.091′S and 175°01.021′E.
s 17 5 10 44 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Schedule 4 Indicative map For reference, the Te Hauturu-o-Toi / Little Barrier Island High Protection Area is indicated on the map, but the description overrides the map if they conflict.
Slipper Island / Whakahau High Protection Area Name of high protection area Slipper Island / Whakahau High Protection Area Description of high protection area The area marked on the indicative map, where— (a) (b) (c) A is the point at 37°02.852′S and 175°57.738′E; and B is the point at 37°04.893′S and 175°57.817′E; and C is the point at 37°04.958′S and 175°55.182′E; and (d) D is the point at 37°02.917′S and 175°55.104′E; and 5 10 45 Schedule 4 Hauraki Gulf / Tīkapa Moana Marine Protection Bill (e) (f) E is the point at 37°02.889′S and 175°56.234′E; and F is the point at 37°02.864′S and 175°57.266′E.
Indicative map For reference, the Slipper Island / Whakahau High Protection Area is indicated on the map, but the description overrides the map if they conflict.
5 Motukawao Islands High Protection Area Name of high protection area Motukawao Islands High Protection Area Description of high protection area The area marked on the indicative map, where— A is the point at 36°38.036′S and 175°26.323′E; and B is the point at 36°39.517′S and 175°26.750′E; and (a) (b) 46 10 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Schedule 4 (c) C is the point at 36°40.587′S and 175°21.281′E; and (d) D is the point at 36°38.135′S and 175°21.208′E.
Indicative map For reference, the Motukawao Islands High Protection Area is indicated on the map, but the description overrides the map if they conflict.
5 Rotoroa Island High Protection Area Name of high protection area Rotoroa Island High Protection Area Description of high protection area The area marked on the indicative map, where— (a) A is the point at 36°47.120′S and 175°14.420′E; and 10 47 Schedule 4 Hauraki Gulf / Tīkapa Moana Marine Protection Bill (b) (c) B is the point at 36°48.414′S and 175°14.455′E; and C is the point at 36°48.460′S and 175°12.063′E; and (d) D is the point at 36°48.463′S and 175°11.909′E; and (e) (f) E is the point at 36°48.483′S and 175°10.889′E; and F is the point at 36°47.189′S and 175°10.849′E.
Indicative map For reference, the Rotoroa Island High Protection Area is indicated on the map, but the description overrides the map if they conflict.
Rangitoto and Motutapu High Protection Area Name of high protection area Rangitoto and Motutapu High Protection Area 48 5 10 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Schedule 4 Description of high protection area The area marked on the indicative map, where— (a) (b) (c) A is the point at 36°43.842′S and 174°54.950′E; and B is the point at 36°46.221′S and 174°53.612′E; and C is the point at 36°46.257′S and 174°53.422′E; and (d) D is the point at 36°46.127′S and 174°52.733′E; and (e) E is the point at 36°43.862′S and 174°52.679′E.
Indicative map 5 For reference, the Rangitoto and Motutapu High Protection Area is indicated on the map, but the description overrides the map if they conflict.
10 49 Schedule 4 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Cape Colville High Protection Area Name of high protection area Cape Colville High Protection Area Description of high protection area The area marked on the indicative map, where— (a) (b) (c) A is the point at 36°25.369′S and 175°20.374′E; and B is the point at 36°29.056′S and 175°20.377′E; and C is the point at 36°29.715′S and 175°19.798′E; and (d) D is the point at 36°29.715′S and 175°19.798′E; and (e) (f) E is the point at 36°29.723′S and 175°19.791′E; and F is the point at 36°28.234′S and 175°15.906′E.
5 10 50 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Schedule 4 Indicative map For reference, the Cape Colville High Protection Area is indicated on the map, but the description overrides the map if they conflict.
Mokohīnau Islands High Protection Area Name of high protection area Mokohīnau Islands High Protection Area Description of high protection area The area marked on the indicative map, where— (a) (b) (c) A is the point at 35°51.453′S and 175°10.296′E; and B is the point at 35°57.643′S and 175°06.835′E; and C is the point at 35°55.710′S and 175°01.790′E; and (d) D is the point at 35°53.290′S and 175°02.011′E; and 5 10 51 Schedule 4 Hauraki Gulf / Tīkapa Moana Marine Protection Bill (e) E is the point at 35°49.469′S and 175°03.781′E.
Indicative map For reference, the Mokohīnau Islands High Protection Area is indicated on the map, but the description overrides the map if they conflict.
Aldermen Islands / Te Ruamāhua (north) High Protection Area 5 Name of high protection area Aldermen Islands / Te Ruamāhua (north) High Protection Area Description of high protection area The area marked on the indicative map, where— A is the point at 36°46.912′S and 176°11.939′E; and B is the point at 36°51.891′S and 176°12.147′E; and 10 (a) (b) 52 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Schedule 4 (c) C is the point at 36°52.148′S and 176°02.370′E; and (d) D is the point at 36°47.201′S and 176°02.144′E.
Indicative map For reference, the Aldermen Islands / Te Ruamāhua (north) High Protection Area is indicated on the map, but the description overrides the map if they conflict.
5 Aldermen Islands / Te Ruamāhua (south) High Protection Area Name of high protection area Aldermen Islands / Te Ruamāhua (south) High Protection Area Description of high protection area The area marked on the indicative map, where— (a) A is the point at 36°57.564′S and 176°12.354′E; and 10 53 Schedule 4 Hauraki Gulf / Tīkapa Moana Marine Protection Bill (b) (c) B is the point at 37°03.649′S and 176°12.598′E; and C is the point at 37°03.908′S and 176°02.806′E; and (d) D is the point at 36°57.821′S and 176°02.596′E; and (e) (f) E is the point at 36°57.815′S and 176°02.838′E; and F is the point at 36°57.932′S and 176°03.847′E; and (g) G is the point at 36°59.224′S and 176°05.013′E; and (h) H is the point at 36°57.921′S and 176°05.462′E; and (i) I is the point at 36°57.721′S and 176°06.396′E.
Indicative map 5 For reference, the Aldermen Islands / Te Ruamāhua (south) High Protection Area is indicated on the map, but the description overrides the map if they conflict.
10 54 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Schedule 4 Kawau Bay High Protection Area Name of high protection area Kawau Bay High Protection Area Description of high protection area The area marked on the indicative map, where— (a) (b) (c) A is the point at 36°25.681′S and 174°48.942′E; and B is the point at 36°26.983′S and 174°50.144′E; and C is the point at 36°29.216′S and 174°50.197′E; and (d) D is the point at 36°29.287′S and 174°45.090′E; and (e) (f) E is the point at 36°26.363′S and 174°45.672′E; and F is the point at 36°25.301′S and 174°47.742′E.
5 10 55 Schedule 4 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Indicative map For reference, the Kawau Bay High Protection Area is indicated on the map, but the description overrides the map if they conflict.
Tiritiri Matangi High Protection Area Name of high protection area Tiritiri Matangi High Protection Area Description of high protection area The area marked on the indicative map, where— (a) (b) (c) A is the point at 36°37.829′S and 174°52.131′E; and B is the point at 36°35.907′S and 174°52.085′E; and C is the point at 36°35.900′S and 174°52.803′E; and (d) D is the point at 36°36.406′S and 174°53.952′E; and 56 5 10 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Schedule 4 (e) (f) E is the point at 36°36.392′S and 174°54.819′E; and F is the point at 36°36.981′S and 174°54.834′E.
Indicative map For reference, the Tiritiri Matangi High Protection Area is indicated on the map, but the description overrides the map if they conflict.
5 Ōtata / Noises Island High Protection Area Name of high protection area Ōtata / Noises Island High Protection Area Description of high protection area The area marked on the indicative map, where— (a) (b) A is the point at 36°39.924′S and 175°02.849′E; and B is the point at 36°43.643′S and 175°02.842′E; and 10 57 Schedule 4 Hauraki Gulf / Tīkapa Moana Marine Protection Bill (c) C is the point at 36°43.655′S and 174°58.936′E; and (d) D is the point at 36°41.399′S and 174°56.085′E; and (e) E is the point at 36°39.930′S and 174°56.100′E.
Indicative map For reference, the Ōtata / Noises Island High Protection Area is indicated on the map, but the description overrides the map if they conflict.

5 58 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Schedule 5 Schedule 5 Consequential amendments Part 1 Amendments to Acts s 69 Crown Minerals Act 1991 (1991 No 70) In Schedule 4, after item 14, insert: 15 16 All high protection areas declared by section 17 of the Hauraki Gulf / Tīkapa Moana Marine Protection Act 2023.
All seafloor protection areas declared by section 13 of the Hauraki Gulf / Tīkapa Moana Marine Protection Act 2023.
Environment Act 1986 (1986 No 127) In the Schedule, insert in its appropriate alphabetical order: Hauraki Gulf / Tīkapa Moana Marine Protection Act 2023 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72) After section 7(2)(g), insert: (gaaa) Hauraki Gulf / Tīkapa Moana Marine Protection Act 2023: Hauraki Gulf Marine Park Act 2000 (2000 No 1) After section 33(2)(h), insert: 5 10 15 20 (i) (j) all high protection areas declared by section 17 of the Hauraki Gulf / Tīkapa Moana Marine Protection Act 2023: all seafloor protection areas declared by section 13 of the Hauraki Gulf / Tīkapa Moana Marine Protection Act 2023.
In section 37(1), replace “marine reserve,” with “a marine reserve, a high protection area, a seafloor protection area,”.
25 After section 40(a), insert: (aa) remove any seafloor protection area or high protection area from the Park; or In Schedule 1, insert in its appropriate alphabetical order: 30 Hauraki Gulf / Tīkapa Moana Marine Protection Act 2023 Search and Surveillance Act 2012 (2012 No 24) In the Schedule, after the item relating to section 50(1) of the Gas Act 1992, insert: 59 Schedule 5 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Search and Surveillance Act 2012 (2012 No 24)—continued Hauraki Gulf / Tīkapa Moana Marine Protection Act 2023 38(2) 39(2) and (3) All (except subpart 3).


Ranger may, for the purposes of monitoring compliance with the Hauraki Gulf / Tīkapa Moana Marine Protection Act 2023 and any requirements imposed by that Act, require a person to stop, or to stop any vehicle, vessel, or conveyance in that person’s control, to answer any questions reasonably necessary to establish whether the person is complying with that Act, and to produce certain documents.
Ranger may stop, enter, and search any vehicle, vessel, aircraft, or structure, or open and search any parcel package, container, or luggage, in the control of a person, and may exercise certain powers of seizure, if the ranger reasonably believes that the person has committed an offence against the Hauraki Gulf / Tīkapa Moana Marine Protection Act 2023 or any regulations made under that Act.
Summary Proceedings Act 1957 (1957 No 87) In section 2(1), definition of infringement notice, after paragraph (ih), insert: (ii) section 51 of the Hauraki Gulf / Tīkapa Moana Marine Protection Act 2023; or Part 2 Amendments to secondary legislation 5 Land Transport (Road User) Rule 2004 (SR 2004/427) After rule 8.5(1)(ab)(iii), insert: (iv) a ranger (as defined in section 5 of the Hauraki Gulf / Tīkapa Moana Marine Protection Act 2023) to exercise a power to stop conferred on the ranger under section 38 or 39 of that Act; or 10 60 Hauraki Gulf / Tīkapa Moana Marine Protection Bill Schedule 5 Resource Management (Marine Pollution) Regulations 1998 (SR 1998/208) After regulation 11(2)(e), insert: (f) more than 200 metres (1.108 nautical miles) from a high protection area declared by section 17 of the Hauraki Gulf / Tīkapa Moana Marine Protection Act 2023.
5 Wellington, New Zealand: Published under the authority of the New Zealand Government—2023 61